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Employment and Labor Law
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Employment Pool Versus the Gene Pool

In the United States, people are protected from discrimination based on their sex, religion, race, national origin — and their genes. In 2008, then-present George Bush signed into law the Genetic Information Nondiscrimination Act (GINA). Among other things, GINA provides the following protections: GINA prohibits employers from discriminating against employees, or potential employees in any Read More

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The Economy: Some Gains, Some Losses

We talked earlier about improvement in unemployment figures in Georgia in February. In March, the global leader in beverage manufacturing, Coca Cola, announced a round of cut-backs that will affect over 750 people in the United States and Canada. With brands including Coke, Sprite, Dasani water, Minute Maid and Powerade, Atlanta-based Coca Cola announced the Read More

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What Is Arbitration?

We talked recently about the alternative dispute resolution (ADR) method of mediation. Another form of ADR is arbitration and it differs from mediation in several ways. A fundamental purpose of ADR methods is providing flexibility to stakeholders in a disagreement. Mediation is more flexible than arbitration and arbitration contains more flexibility than a legal setting Read More

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Mediation: A Good Thing

Disputes occur every day between an employer and employee, between businesses and between individuals. When people cannot resolve their differences they turn to others for help. In decades past, the only available option for a serious business dispute was the court system. Since then, alternative dispute resolution (ADR) methods like mediation have made things a Read More

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Georgia Jobless Rate Dips: Hope for Jobs Ahead

In an improvement paralleled across the country, the jobless rate in Georgia in February dipped to its lowest level since January 2009. With more jobs in Georgia and throughout the nation, hope rises for economic recovery after years of recessionary hardship. Improved job opportunities may also diminish discrimination against those hardest hit by job loss Read More

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First to Be Fired — Last to Be Hired

Job searching is a daunting task for anyone, especially in this economy. But for older workers, age discrimination can add to the difficulty of finding work. Jim Pawlak worked as a customer service representative at Xerox for 20 years. When the company announced job lay-offs, Pawlak was one of the first to go. The 48-year-old Read More

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Workplace Sexual Harassment Case Settled — But Is Not the Last

Aaron’s faces another sexual harassment law suit. This time, former Georgia employees of the Atlanta rent-to-own retailer are demanding $675 million in damages. The employees, whose identities are protected, filed two civil law suits, one in state court and the other in federal court. Among the allegations in their suit are: The general manager of Read More

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Whistleblower Claims Waste and Incompetence in Legal Department

Whistleblower Holly Smith claims that sloppy legal work cost tax payers hundreds of thousands of dollars in unnecessary claim settlements. The former assistant attorney for Atlanta filed suit against the city, accusing her superiors of incompetence and committing legal malpractice. During her short tenure — employed for just one year — Smith launched complaints up Read More

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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

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Has 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

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