Employment Discrimination Blog

Monday, August 31, 2020

What Is a Non-Compete Agreement?

Before you start a new job, you will likely need to review and complete a substantial amount of paperwork. While it can be tempting to rush through this process, both to get through the red tape and in the excitement at starting a new job, it is important to take your time to review the contents of these documents and the potential impact they can have on you and your future. For instance, you may be presented with a non-compete agreement your employer wants you to sign. Before you do so, look into what a non-compete agreement is and what it could mean for you.

What is a Non-Compete Agreement?

A non-compete agreement, also referred to as a noncompete clause, noncompete covenant, or covenant not to compete, is a legal contract between an employer and an employee that restricts the employee on his or her ability to enter into competition with the employer during or after the period of employment.

Read more . . .

Monday, July 27, 2020

Employer Duties as Businesses Reopen

Are employers required to test employees for coronavirus?

As businesses across the country start to reopen after over a month of being either partially or completely closed due to the coronavirus pandemic, employers have many questions and concerns. The coronavirus, a respiratory virus originating from China, has swept the nation, causing waves of infection and corresponding economic turmoil as businesses were forced to close to stop the spread of the virus. Now, as businesses reopen, many employers worry about their own liability should employees or customers contract the virus while at work. The issue is a developing one without clear cut answers, but some existing laws should guide employers in the right direction towards protecting themselves, employees, and others. Our Read more . . .

Monday, June 29, 2020

Supreme Court Rules Title VII Includes Protections Against LGBTQ

Title VII of the 1964 Civil Rights Act prohibits employment discrimination based on race, color, religion, sex, and national origin. In Bostock v. Clayton County, the Supreme Court of the United States was asked to rule on the issue of whether “sex” included protections based on an employee’s sexual orientation or gender identity.

Read more . . .

Friday, May 29, 2020

What Is the Pregnancy Discrimination Act?

There is no room for discrimination in the workplace. People should not live in fear that acts of discrimination will jeopardize their job opportunities or opportunities at a current job. That is why federal laws are in place that provide protections for workers from discriminatory acts when it comes to aspects of employment.
Read more . . .

Friday, April 24, 2020

Employees Forced to Work in Dangerous Conditions May Be Protected

Can I be fired if I refuse to work without adequate personal protective gear?

While many of us have settled into the routine of working from home during the coronavirus pandemic, millions of other Americans continue to go to work everyday to ensure the medical, safety, and essential needs like food, electric, and water, are met around the country. Essential workers are everyday heroes during the pandemic, critical to our survival and well-being. As essential workers put themselves on the frontlines, they deserve to be protected in the best way possible. However, employees of some companies and industries are reporting that their safety is being compromised.

Alarming reports have emerged of workers being fired due to raising safety concerns.
Read more . . .

Thursday, March 19, 2020

Retaliation Tops EEOC Complaints

What constitutes retaliation against an employee?

For the tenth straight year, retaliation in the workplace is the number one discrimination-related complaint filed with the U.S. Equal Employment Opportunity Commission. According to the EEOC, retaliation cases represented 53.8 percent of the 72,675 charges received by the EEOC from 2018 to 2019.
Read more . . .

Friday, February 7, 2020

Georgia Employers Beware: Major Employment Law Changes Are Coming in 2020

What are the new salary minimums for an employee to be exempt from overtime?

The year 2020 will welcome in several significant changes to the field of employment law. Employers across the nation will want to closely review the changes to some local, state, and federal laws to ensure their compliance. Failure to adapt to changes in the legal field could result in fines or fees along with other potential penalties for employers. Our Read more . . .

Friday, January 10, 2020

The Right to Disconnect

Do I have to answer work emails at home?

Technology today has made some jobs far easier, while other jobs have become more stressful with the elimination between work and home. Our ever-connected world allows employers to reach employees at all times of the day and night. This seeming 24/7 availability puts much strain on employees, leaving them feeling that there is no “off” time. In an effort to improve employee’s mental state, some countries and companies have created “right to disconnect” laws that give employees the right to ignore work calls and emails after hours. Our Read more . . .

Thursday, December 26, 2019

When Jokes, Nicknames and Pranks Become Harassment

Many types of behavior that used to be acceptable in the workplace are now recognized as illegal as well as intolerable. Laughing at, bullying, or discriminating against those you work with is no longer considered an unavoidable aspect of some workplace environments. Today, a great many workers are rising up, with the assistance of committed, well-schooled employment discrimination attorneys, to defend themselves in court against the painful treatment they used to feel they had to endure in order to keep their jobs.

Read more . . .

Wednesday, November 6, 2019

Divided Supreme Court to Decide Whether LGBTQ Employees Are Protected from Discrimination

Do federal anti-discrimination laws encompass discrimination on the basis of sexual orientation or identity?

The United States Supreme Court recently heard arguments in the landmark civil rights case involving LGBTQ employees who claim they were discriminated against at work. The long awaited decision could have significant implications for employees and employers nationwide, as well as LGBTQ people across America. As we await the high court’s decision, our Read more . . .

Friday, October 4, 2019

Georgia Employers: Stay Abreast of State Hour and Wage Laws

What is the minimum wage in the state of Georgia?

As a Georgia employer, you must abide by a myriad of state and federal laws in managing and paying your employees. Failure to follow state and federal laws could result in tremendous fines, civil penalties, and other attendant consequences. It is imperative that employers in Georgia understand the state’s hour and wage laws, along with laws concerning tips, break time, vacations, and more. Our Read more . . .

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