By K.P. Reddy | Published January 25, 2013 | Posted in Employment and Labor Law, Overtime Law | Tagged Tags: atlanta employment law attorney, employment law attorneys, overtime, overtime wage laws, wage and hour law, work off the clock | Leave a comment
Can You Sue If Your Employer Fails to Pay Overtime?
Pharmaceutical giant GlaxoSmithKline, with US corporate offices are here in Georgia, was the subject of a recent Supreme Court hearing on the subject of unpaid overtime owed to their sale representatives. The sales representatives claimed they were asked to work extra hours although receiving only their ordinary pay. The GlaxoSmithKline case is one of many Read More
Read MoreHas Your Employer Violated Your HIPAA Privacy?
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) requires covered entities to abide by certain guidelines and rules that protect against the unauthorized use or disclosure of protected health information (PHI). Generally, covered entities may not use or disclose PHI unless you authorize such use or disclosure. Whether your employer has violated your Read More
Read MoreElements of a Hostile Work Environment
Title VII of the Civil Rights Act of 1964 protects against employment discrimination. In particular, it protects against discrimination that unreasonably interferes with an employee’s work performance or creates an intimidating, hostile or offensive work environment. Anyone in the workplace who contributes to the hostile work environment can commit this type of harassment, including management, Read More
Read MoreOvertime Eligibility: Should You Be Paid More for 40+ Hours?
Whether Georgia and federal employment laws require your employer to pay overtime depends on whether you are a qualified worker and whether your employer is a covered employer. Any employer engaged in interstate commerce must abide by federal wage and overtime rules. Federal law classifies any business with revenues of more than $500,000 per year Read More
Read MoreWhat to Do if You Have a Discrimination Claim
One of the first steps in pursuing a workplace discrimination claim against your employer is to file a formal complaint with the Equal Opportunity Employment Commission (EEOC). But without proof, it’s just your word against your employer’s. How can you prove that your employer discriminated against you? To prevail in an employment discrimination lawsuit, you Read More
Read MoreTime Limits on Filing Discrimination Claims
Unlike most either states, Georgia has neither a general statewide anti-discrimination statute nor a state administrative agency to process discrimination claims. Georgia’s Fair Employment Practices Act of 1978 makes it illegal for a state agency to discriminate against any individual on the basis of race, sex, age, disability, national origin, color, or in retaliation, but Read More
Read MoreBlowing the Whistle on Misconduct and Facing the Consequences
Literally dozens of federal laws protect whistleblowers from retaliation for complaining to their employers, unions or government agencies about unsafe or unhealthful conditions on the workplace, violations of environment-protection laws, public safety hazards, and violations of federal laws regulating securities, banking and other financial services. In addition, Georgia’s False Claims Act — updated in July Read More
Read MoreHow to File a Wrongful Termination Claim
Like many other states, Georgia is a right-to-work state. In right-to-work states, no implicit labor contract exists between employers and their employees. If there is no explicit, written contract specifying the conditions under which your employer can fire you from your job or requiring you to give two or four weeks’ notice before quitting, you Read More
Read MoreDefining Discrimination: Have You Been a Victim?
The Equal Employment Opportunity Commission enforces anti-discrimination laws in the workplace. These federal laws include laws protecting against discrimination based on: Race, ethnicity or national origin Religion Sexual orientation Pregnancy Age Disability Sex or gender Genetic information Employers violate these laws when they treat you differently from other employees based on: Personal characteristics that you Read More
Read MoreFor Employers: Avoiding Discrimination Lawsuits Based on Employee (Mis)Behavior
As the owner or manager of small or mid-sized business, you may feel that you have protected your business from the risk of avoidable workplace discrimination lawsuits simply by regulating your behavior and that of your management colleagues. You might keep scrupulous records of performance reviews, warnings to employees, and even base promotion and firing Read More
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