Employment Law

Friday, December 24, 2021

What to Know About Color Discrimination in the Workplace

In the state of Georgia, most employees are considered to be “at will.” This means that they can be terminated or may quit for any reason or no reason at all. However, there are some exceptions to this. There are certain protected classes of people. This means that employers are prohibited from terminating an employee simply because he or she falls into one of these classes of people.
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Tuesday, November 30, 2021

Unpaid Overtime and the “Economic Reality Test”

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.

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Friday, October 29, 2021

What Is a Former Employer Allowed to Say About You?

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.

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Thursday, May 20, 2021

Can Your Employer Make the COVID-19 Vaccine Mandatory?

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).
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Thursday, April 22, 2021

Can Your Employer Fire You for Serving on Jury Duty?

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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Thursday, February 25, 2021

Understanding Gardening Leave

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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Thursday, January 28, 2021

Are Non-Compete Agreements Enforceable in Georgia?

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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Tuesday, December 22, 2020

Your Protections Under the Families First Coronavirus Response Act

The Families First Coronavirus Response Act protects certain employees through guaranteeing paid sick leave and expanding paid family and medical leave for those impacted by COVID-19. The COVID-19 pandemic has drastically impacted Georgians, with lockdowns and health concerns that have limited the ability of many to work. If you’ve been denied employee benefits you believe you’re entitled to, please contact our office today for a free consultation.
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Monday, November 30, 2020

How Do You Calculate Overtime Pay?

Did you know that federal and state laws protect workers from an employer failing to pay proper overtime wages. It’s true. The rules governing overtime pay in the State of Georgia include both state and federal laws. The Fair Labor Standards Act (FLSA), a federal law, protected and provides a minimum standard for employees across the U.S.

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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.
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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 . . .

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