Posts by Buckley Bala Wilson Mew LLP
Things You Should Know About Family & Medical Leave
Health problems and family changes can be stressful, so it isn’t surprising that employees may need to take time off work to face these challenges. Many employers offer some form of sick leave or paid time off, but these may not always be adequate. The Family & Medical Leave Act (FMLA) offers an alternative for…
Read MoreBreast-feeding Discrimination Claim Proceeds
In a recent employment law decision, a federal district court found in favor of a woman’s claim that she had experienced discrimination while breast-feeding. In this instance, the woman expressed breast milk in a shared office. She had been instructed to use the designated “lactation room”, however her job duties as a clinical bed manager in…
Read MoreCan year-end bonuses replace overtime pay?
With the holidays upon us, many of Georgia’s workers have received or will be receiving end of the year bonuses. In most cases this is cause to celebrate. However, what if that “bonus” is paid but overtime hours earned are not? Can bonuses be paid in place of overtime compensation? In general – bonuses and…
Read MoreLawsuit Asserts Amazon Ads Violate Age Discrimination Laws
A new lawsuit asserts that Amazon, Facebook and T-Mobile are using discriminatory practices by targeting potential new hires through the use of Facebook ads. The age discrimination lawsuit alleges that such practices violate “various state laws prohibiting age discrimination in employment,” according to a lawsuit filed Wednesday in federal court in San Francisco. The lawsuit…
Read MoreDepartment of Labor Proposes Changes to Tip Pool Rules
The Department of Labor (DOL) has just announced that it is going to revisits tip pools. Currently, tip pools are highly regulated with the requirement that only those workers who typically earn tips are able to participate in the pool. This typically excludes managers, but also hourly cooks and dishwashers – “back of the house”…
Read MoreCan businesses discriminate citing “religious freedom”?
Last week, the United States Supreme Court heard argument concerning whether a business had a constitutional right to discriminate against a gay couple by asserting it violated their “religious freedom.” In that matter,Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, a gay couple sought to purchase a wedding cake from a Colorado baker. However, the…
Read MoreEmployers must respond to sexual harassment allegations
The recent high profile sexual harassment charges have been a watershed moment in United States history, exposing an all too common problem at American work places. It also raises a question about what employers should do when they learn of complaints against supervisors and/or co-workers acting inappropriately. When an employee complains about sexual harassment, failing…
Read MoreCan an hourly employee legally be denied overtime pay?
Federal wage and hour law, the Fair Labor Standards Act (FLSA), provides that non-exempt workers are entitled to receive overtime pay at a rate of one and one-half times their standard rate of pay for all time spent working in excess of 40 hours in any one work week. This simple statement raises several questions.…
Read MoreWhat Constitutes a “Living Wage” in Georgia?
The Fair Labor Standards Act (FLSA) provides that workers must be paid at least minimum wage and that non-exempt workers receive overtime pay at a rate of one and one-half times their standard rate of pay for all time worked in excess of 40 hours in any workweek. The current federal minimum wage is $7.25/hour.…
Read MoreLawsuit alleges racial discrimination
A recent lawsuit filed by a former Tesla employee asserts that he was fired for complaining about racial harassment, and that despite his complaints, Tesla never investigated his concerns. Specifically, the discrimination lawsuit asserts that employees and supervisors regularly used the “n word” around him and other black co-workers. After he complained about the harassment and…
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