Posts by Buckley Bala Wilson Mew LLP
Whistleblower trial asserts executive suffered retaliation after reporting fraud
Recent employment law news reports that the trial has just begun in a whistleblower suit against a mutual funds group. A high level executive of the group asserted that after she complained that the company may have defrauded investors, the company conducted “a campaign of retaliation” against her. Whistleblower laws were designed to protect employees…
Read MoreRemote workers may be entitled to overtime pay
With the increased use of laptops, cell phones and technological advances, more and more workers are working remotely. This may be a formalized agreement or simply a logical extension of the day (catching up on email from home, or while on the train). Much research has shown that enabling remote work has positive benefits – saving employers…
Read MoreIs your employer required to accommodate your prayer schedule?
Georgia news reports that an Atlanta-area school fired a Muslim employee for requesting time to pray. According to reports, the school district stated that she falsified her job application, then was terminated when she requested that the school accommodate her prayer schedule. The complaint remains under investigation. This lawsuit raises the issue of what is…
Read MoreAgricultural Workers May be Entitled To Overtime Pay
In a recent wage and hour dispute, the Northern District of Georgia awarded current and former farmworkers nearly $1.5 million in back wages and damages. The Fair Labor Standards Act (FLSA) complaint asserted that a Glennville onion grower, packer, and shipper violated federal wage law. The FLSA provides that all non-exempt workers be paid at least…
Read MoreLarge Employers Not Always in Compliance With Wage And Hour Laws
The Federal Labor and Standards Act (FLSA) requires employers pay employees at least minimum wage, and that non-exempt employees earn time and a half for all time work beyond 40 hours in any one work week. However, a recent expose examined the history of some of Georgia’s largest companies mistreating its employees with respect to…
Read MoreCan Title VII Protect Against Sexual Orientation Discrimination?
Whether sex discrimination prohibited by Title VII of the Civil Rights Act of 1964 extends to and protects against discrimination based on sexual orientation will likely be considered by the Supreme Court in the near future. Pursuant to Title VII, employers are prohibited from taking sex/gender into consideration in work-related decisions such as the hiring,…
Read MoreWhat constitutes pregnancy discrimination?
A Georgia woman is suing a Peach Tree City corporation for alleged pregnancy discrimination. According to the complaint, the company fired her rather than making an effort to accommodate her pregnancy related restrictions. The woman was instructed by her supervisor to perform a physical task that conflicted with medical restrictions set by her doctor. She…
Read MoreViolating wage and hour laws can invalidate non-compete agreements
When taking a new job, many employees are required to sign “non-compete” agreements, which set forth certain requirements should the relationship end. Non-competes may set forth that an employee cannot work for a competitor within a certain number of years, or compete for the same clients. Often new hires are reluctant to read the fine…
Read MoreNon-Compete Agreements vs. Non-Solicit Agreements
The terms of non-compete and non-solicit agreements are often misunderstood. Whether you’re running a small business or a high-powered startup, you should understand the differences between these covenants. Here’s what you need to know to help you protect your business. The Key Differences Non-Compete Agreement: A restrictive covenant that prevents an employee from quitting their…
Read MoreWhistleblower laws protect employees who report wrongful conduct
In a recent whistleblower case, a city fire inspector was awarded $1.5M after she was allegedly fired from her job after complaining about the safety of renovations at the facility where she was to work. The fire inspector asserted that her complaints led to her termination, while the city argued that she was terminated due…
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