By K.P. Reddy | Published October 22, 2023 | Posted in Employment and Labor Law | Tagged Tags: FLSA overtime, overtime pay, Wage and Hour Division | Comments Off on Your Remedies if Your Employer Fails or Refuses to Pay You Overtime
Your Remedies if Your Employer Fails or Refuses to Pay You Overtime
If you work overtime, you are likely entitled to be paid at a higher than usual rate, known as “time and a half.” You might be surprised to learn that Georgia does not require the payment of an overtime premium, but federal law does, and employers in Georgia must comply with federal law. If yours Read More
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How Can an At-Will Employee Prove Wrongful Termination?
In Georgia, as in many states, most workers are “at will” employees, which means they generally can be terminated without cause. However, terminations cannot be in violation of federal laws against workplace discrimination or of laws that protect employees from retaliation for asserting their rights. If you have been fired for reasons you believe are Read More
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Georgia Appeals Court Ruling Clarifies Limits on Non-solicitation Covenants
A non-solicitation agreement prohibits former employees of a company from seeking to lure away the company’s existing clients and from hiring or recruiting the company’s other employees. Georgia’s Restrictive Covenants Act requires that non-solicitation agreements contain reasonable restrictions on the geographic area covered, but there has been some uncertainty about statutory exceptions to the restriction. Read More
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Common Disputes Among Business Owners in Georgia
Business owners can come face to face with a wide range of external threats that can harm their companies, such as economic conditions, natural disasters and even government regulations. But problems don’t always come from the outside. Internal disputes among co-owners and/or executives and managers can cripple a business. It’s important for business partners Read More
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How Employees of Private Companies Can Sue Over Discrimination in Georgia
Unlike many other states, Georgia does not have a comprehensive anti-discrimination law that shields private employees. Instead, those who work for private companies must rely on federal laws, which are enforced by the Equal Employment Opportunity Commission (EEOC), plus a small handful of state laws that address specific types of discrimination. The Georgia Fair Read More
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Mistakes in Drafting that Can Make an Employment Contract Void
Georgia is known as an at-will employment state, which means most workers serve at the pleasure of their employers. Certain employees have contracts that guarantee compensation levels and other terms consistent with set performance expectations. While contracts can effectively spell out the rights and obligations that employees and employers have towards each other, mistakes in Read More
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The Test for Constructive Discharge: When Is a Workplace So Unbearable That You Have to Quit?
Job dissatisfaction can arise for many reasons, some personal and some driven by employer conduct. If you believe you are being mistreated at work to the point where you feel you have no choice but to quit, you may be able to claim a constructive discharge. That means you may be eligible to recover Read More
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What is Wage Theft and What Can You Do About It?
The Fair Labor Standards Act and other laws require employers to pay at least the minimum wage for every hour worked. But sometimes employers try to skirt the law and pay workers less than they are owed. This is known as wage theft and it is estimated to cost workers as much as $50 Read More
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Understanding Georgia’s Test for Who Is an Independent Contractor
The question of whether a worker should be classified as an employee or an independent contractor often arises in employment law disputes. The answer matters because independent contractors get treated different from full-time employees under wage and hour, tax and unemployment laws. Last year, Georgia enacted a law adopting a multi-factor test for determining Read More
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When Can You Sue Your Employer for Wrongful Termination?
Georgia is a right-to-work state, which gives employers broad authority over their workforces. Most workers are employed at will, which means employers may terminate them for almost any reason — or for no reason at all. However, an employer may not terminate an at-will employee for an illegal reason. Employees have the right to sue Read More
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