One month ago today, a new U.S. Department of Labor rule updating the standard for classifying workers as employees or independent contractors under the Fair Labor Standards Act became effective. The new rule has received extensive coverage, with some commentators praising it as a needed expansion of workers’ rights, while others disparaged it as unfairly restricting opportunities for freelancers. Regardless of one’s perspective, the rule is now effective and employers and workers alike should familiarize themselves with its elements and its impact on their jobs or businesses. Whether you’re a ..read more

When people hear the word “discrimination,” they may often associate it with historically marginalized groups, like people of color, women, LGBT+ people, and so forth. The law, however, is broader than that. Federal anti-discrimination statutes protect people who encounter discrimination based on protected characteristics, regardless of whether or not they were members of a historical minority/disadvantaged group. Even if you’re male, White, American, or “straight,” you still have the possibility of pursuing – and winning – a federal discrimination lawsuit. So, if you’ve endured this sort of h ..read more

Sometimes, a degree of employer flexibility may be an important ingredient in that employer avoiding employment litigation and potential civil liability. However, as a recent disability discrimination case originating in Savannah highlights, the mere fact that an employer behaved in a way that seems excessively strict, harsh, or severe, doesn’t necessarily mean the employer broke the law. Even if the employer fired a worker based on motivations that were not “prudent or fair” — or had no reason at all for the termination — that firing is permissible as long as it “was not rooted in discriminat ..read more

Whether you’re an employee who’s endured discrimination or an employer facing a discrimination claim, it is important to understand how the employment discrimination litigation process works. An employee’s success is predicated upon clearing a series of evidentiary hurdles. For employers, success may lie in persuading the court that any one of those components was lacking. Whichever side you’re on, an experienced Atlanta employment discrimination lawyer can help you pursue your case in the most effective way possible. As we noted last month, workers who allege employment discrimination may pro ..read more

A recent minimum wage case from Massachusetts is a reminder that just because an employee is not actively engaged in conducting the employer’s business — or maybe even is asleep — that doesn’t mean those hours aren’t compensable time. Hours spent on-call or waiting to work may or may not be compensable time under the Fair Labor Standards Act. The analysis depends on the totality of the circumstances and, as the courts have put it, were the employees “engaged to wait” or waiting to be engaged? Whether or not you’re an employer or an employee, understanding what time is compensable (and what isn ..read more

Last year, a few major U.S. Supreme Court rulings turned 50 years old. The first case to come to many minds probably is the landmark 1973 ruling of Roe v. Wade. However, the name at the tips of employment lawyers’ tongues probably is the discrimination case of McDonnell Douglas Corp. v. Green. Recently, the 11th Circuit Court of Appeals (whose reach encompasses federal matters in Georgia, Florida, and Alabama,) issued a significant decision clarifying exactly how the McDonnell Douglas case’s precedent does — and does not — impact discrimination litigation today. If you have questions about emp ..read more

Domestic workers (like nannies and housekeepers) are a diverse group. Even fictional depictions range from Julie Andrews’ Mary Poppins to Robin Williams’ Mrs. Doubtfire. In real life, these workers often put in long hours, working more than 40 hours a week. Those facts may mean that a nanny or housekeeper may be entitled to substantial overtime compensation if they qualify as a non-exempt employee. If you have questions about the Fair Labor Standards Act’s overtime requirement or the domestic service exemption, consult an experienced Atlanta wage and hour lawyer. A South Florida nanny’s recent ..read more

One of the more common issues employers and employees may encounter regarding a possible discrimination lawsuit is the existence of a valid arbitration agreement. Many employers include these agreements with other contractual documents that new hires sign as part of their “onboarding” process. Whether you’re a worker looking to litigate a discrimination claim or an employer seeking to compel arbitration (or ensure that your arbitration agreement is valid under the law,) it pays to get advice and representation from an experienced Atlanta employment discrimination lawyer. The key for employers ..read more

Food delivery drivers frequently can be the victims of Fair Labor Standards Act violations. That can include improperly underpaying drivers who use their personal vehicles for deliveries (by paying them only the minimum wage and then not properly paying them for the vehicle expenses they incur,) or illegally underpaying them as a result of misclassification as exempt employees when they really were non-exempt. Whether you’re a driver who believes your employer denied you the pay that you were owed under the law, or you’re an employer seeking to ensure that your pay practices are compliant with ..read more

Proper written documentation can be the difference between success and failure for an employer facing a discrimination lawsuit. The more contemporaneously created items showing the issues the employee had, the more support the employer will have for an argument that it took adverse action against the employee for legitimate reasons and not because of impermissible discrimination. While sufficient documentation is vital, too much extraneous documentation potentially can give a worker extra bases for attacking an employer’s decision-making, so striking the proper balance in documenting employees ..read more