Misclassification Often Leads to Violations of FLSA
A new wage and hour lawsuit has been filed against the cosmetics company Sephora – alleging several violations of the Fair Labor Standards Act (FLSA). The FLSA provides many protections to workers – including the provisions that workers are entitled to earn at least minimum wage and that non-exempt employees are entitled to earn overtime…
Read MoreEmployment Discrimination Against Interns Unlawful
With summer rapidly approaching, many companies are preparing to hire interns. These interns often take on unpaid positions, but it’s important to understand the specific rules regarding whether interns must be paid. The Department of Labor has defined an intern (without requiring pay) as an individual who works to supplement their educational training, is not…
Read MorePregnancy discrimination case filed against Grocery Store
Legal news reports a California woman filing a pregnancy discrimination lawsuit against a large retail chain. The lawsuit stems from her employer’s reaction upon learning about her pregnancy. When the woman was approximately five months pregnant, she provided a note from her physician stating that she should not lift more than 10 pounds. Within an…
Read MoreHave You Been A Victim of Wage Theft?
The Fair Labor Standards Act (FLSA) provides employees several protections, however many workers still endure violations of wage and hour laws – “wage theft” – and may be entitled to recover compensation including back pay and damages. Some of the most frequent mistakes businesses make, which then deprive workers of the pay they are entitled…
Read MoreGeorgia Non-Compete Law: The Importance of Making the Restrictive Covenant Independent of the Employment Agreement
In this blog post, we will discuss why it is so important to make the restrictive covenant independent of your employment agreements. Many former employees often are able to void their entire employment agreement by arguing that the former employer breached an obligation under the agreement such as paying a bonus or salary. When the…
Read MoreGeorgia Non-Compete Law: Application of the New Law in a Recent Case
In continuing the blog series on the new Georgia non-compete law, we will now discuss the application in our firm’s recent case that involved a license agreement whereby independent contractors were hired to coach small children at the children’s schools. Specifically at issue was whether the agreements signed by the instructors prevented them from working…
Read MoreFacebook Lawsuit Paves Way For Victims of Discrimination
Ellen Pao, a former employee at a venture capital firm associated with Facebook, brought a gender discrimination lawsuit against both the firm and the social media company. She claimed that she was punished and ultimately terminated from her position as a junior partner at the renowned venture capital firm in 2012 after questioning the firm’s…
Read MoreUnderstaffing And Overworking Employees May Violate Wage and Hour Laws
Recently, the Pennsylvania Supreme Court upheld a $185 million judgment against a national retailer based on wage and hour violations. The case highlights the extreme tactics some employers use to try to maximize profits, which in this instance ultimately backfired. The retailer attempted to both understaff and overwork its employees. Actions included not allowing workers…
Read MoreFacebook Faces Employment Discrimination Lawsuit
Earlier this week, a former employee of Facebook filed a lawsuit against the social networking site, alleging gender and race discrimination. The lawsuit claims that the woman was initially hired as a program manager and later promoted to a technology partner. Despite receiving raises during her employment, she was terminated after she began complaining about…
Read MoreGeorgia Non-Compete Law: The Not-So-Old Law
Although the pre-May 11, 2011 law is often referred to as the “old law,” it is still applicable to contracts entered into before that date. In this blog post, we will discuss the basics of the old law and provide specific examples of its interpretation by Georgia courts. It’s worth noting that the old Georgia…
Read More