Employment Discrimination Blog

With a shortage of workers in the workforce, more people are working longer hours than before. Unfortunately, not all of them are being compensated for their work.

Under the Fair Labor Standards Act, employees are entitled to overtime pay. However, this is not true for independent contractors. In order to prove that you are an employee and are entitled to overtime pay, you must use what is called the “economic reality test.

Sometimes a job just doesn’t work out. Whether you had a difficult time with your co-workers or boss, or you found your job responsibilities to be intolerable, sometimes it’s in your best interest to leave your place of employment. Some people are able to secure a new job prior to giving notice, while others end up performing a job search after their two weeks are up.

Being a new mother and a working woman can be very difficult. But with the help of Georgia's newer law it just became a little easier. Under state law all Georgia employers are required to provide paid lactation breaks.

When you’re not working, work is often the last thing on your mind. Instead, you probably prefer to focus on enjoying the moment. However, what you need to keep in mind is whether or not your conduct outside of work could get you fired from your job. This depends upon the type of activity in which you’re engaged and whether or not there is a state law that affords you any protection.

At-will Employees

As a general rule, there is no law that protects you from being fired.

When you are terminated from your job it can leave you feeling overwhelmed and unsure of what to do. You may be left trying to figure out how you will stay afloat and pay your bills. But before you do anything, it’s important that you ask yourself whether or not your termination was lawful.

Whenever you work with others, there’s always a chance that you may not get along. However, despite feeling like a toxic work environment, it doesn’t automatically mean that you are in a hostile work situation. There is a difference between working in an environment that you don’t enjoy and working in an environment that is considered legally hostile. So what makes a Read more . . .

When the coronavirus pandemic hit the U.S., all non-essential businesses were forced to close in-person offices in an effort to slow the spread of the disease. As time has gone by many businesses have chosen to continue working remotely, while others have cautiously returned to office life. But with the approval of the COVID-19 vaccines, going back to working around others has become safer (for those who have been fully vaccinated).

Despite being considered a civic duty, few people are pleased to receive notification that they must serve on jury duty. The last thing you want to imagine is that doing so could cost you your job. That’s why under Georgia law it is illegal to fire an employee over his or her absence from work due to jury duty.
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You saw something at work that wasn’t right and reported it, but the next thing you know you have been disciplined or fired because of it. You are probably thinking that this is unfair – and you would be right. That’s why you may have the basis for a wrongful termination claim.

Employers across the United States have relied on non-compete agreements to protect their business interests for a long time. Each state takes a different stance on non-competes, with some favoring employers and others the employees. As such, the enforceability of a non-compete, and the extent to which it will be enforced, is dependent on the state.
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Non-compete agreements have become a hot topic as social media and 24-hour news coverage frequently turn the spotlight on employers abusing non-compete agreements to the detriment of their employees. Non-compete agreements are intended to protect a company’s intellectual property (“IP”). If an employee with specific, non-public knowledge about the way a business or its products operate were to leave for a competitor, they would naturally take their knowledge with them to the new competitor and it would jeopardise their original employer’s IP.

To protect employer’s IP, non-compete agreements limit the ability of employees to freely move to competitors. While non-competes can serve a legitimate purpose, they are often a tool of abuse for employers to gain leverage over their employees.
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