Employment Law

When someone suffers a workplace injury, it can greatly impact his or her life. Whether the employee’s injuries are physical and/or emotional, they are likely accompanied with financial distress. Workers’ benefits help to alleviate the financial strain on those who are injured in the workplace. When a worker is approved for Workers’ Compensation, they will receive weekly benefits until either their medical condition improves or when 400 weeks from the date of the injury have passed. But what about catastrophic injuries that prevent the worker from recovering or going back to work in any capacity?

Under Georgia’s state workers’ compensation laws, those employees who suffer a catastrophic injury are an exception.

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.

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.

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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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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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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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.

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.