What is a joint employer?
The Supreme Court has just announced its decision denying review of the recent 4th Circuit Court test for determining who is a joint employer. Whether a company/individual is a joint employer is a significant issue for many businesses and means that it may be possible to hold related businesses liable for each other’s illegal employment…
Read MoreMajority of women in computer related jobs report discrimination
A new report published by Pew Research determined that 3 out of 4 women in computer related jobs reported experiencing discrimination at work, compared to 16% of men. The types of discriminatory actions varied, with roughly one-third of participants reporting that they earned less than a man doing the same job, while others indicated that…
Read MoreFLSA Opinion Letters Re-Issued
Late last week, the Department of Labor has reinstated nearly 20 “opinion letters” that had been published during the Bush Administration, but not been followed during the Obama years. These opinions serve as guidance to employers on how the DOL will enforce certain aspects of federal labor law, the Fair Labor Standards Act (FLSA). The…
Read MoreSexual Harassment and the Gender Pay Gap
According to recent statistics, a substantial wage gap exists between men and women. For the last two decades, the gap has sat at around 20%, with men earning roughly one-fifth more than women. In some situations, where pay disparity exists, it may be possible to show sex discrimination. For example, if you are able to…
Read MoreLabor Department Revises Intern Test
The Department of Labor (DOL) has just announced that it has adopted a stricter test for determining which workers are “employees” vs. “interns,” and thus eligible for pay and other benefits associated with employment. Previously, the DOL followed a six-part test to determine how a worker should be classified. This test focused on a variety…
Read MoreNew Year will usher in a pay raise for many low wage earners
For many minimum wage earners, January 1, 2018 will mean higher pay. 18 states and numerous localities are raising their minimum wage for the new year. Unfortunately, despite efforts to increase the federal minimum wage, legislators have still kept it at a low $7.25 an hour. The states expected to raise minimum wage include: Alaska,…
Read MoreChief Justice Roberts announces initiative to address sexual harassment
With heightened scrutiny being paid to sexual harassment and discrimination at the work place, Chief Justice John Roberts Jr. has announced that the federal judiciary will take steps to ensure that its employees are protected from harassment and discrimination. The Chief Justice notes that the judiciary is “not immune” to such behavior. Last month Judge…
Read MoreThings 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…
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