Employment Law

Can an employee who was voluntarily paid after a dispute recover for attorney’s fees and costs in an FLSA action?

Employment law is an ever-shifting field, requiring both employers and employees alike stay abreast of recent case developments.  Looking back at 2018, two federal court decisions stand out as providing important guidance on wage and hour issues under the Fair Labor Standards Act (FLSA).  Both of these cases represent a positive outcome for employers.  Our Read more . . .

How can social media influence employment today?

Facebook has faced several scandals involving discrimination in recent years. Now, the company has been accused of allowing employers to exclude female job candidates using the social media platform’s recruitment campaign technology.  Formal charges were recently filed with the Equal Employment Opportunity Commission by a group of job applicants coupled with the American Civil Liberties Union and the Communications Workers of America.  In our internet and social media driven culture, these accusations against Facebook must be taken seriously.  Our Atlanta, Georgia employment discrimination lawyer explains the Facebook charges and what they could mean for the company below.

What changes will the new hands-free law mean for Georgia employers?

Georgia’s new hands-free law went into effect on July 1, 2018. The law is anticipated to bring widespread changes to both private drivers and employers who require employees to drive on the job. Passed in response to alarming rates of distracted driving accidents, the hands-free law prohibits drivers from physically holding a wireless telecommunications device while driving. This law expands on the already existing ban on texting while driving.

What clauses should my employee handbook contain?

Employers in Georgia should develop a thorough employee handbook that sets out in writing the policies of the business, expectations of employees, employee benefits, and much more. Your handbook can provide an excellent introduction to the core values and mission of the business, while outlining vital rules regarding workplace code of conduct. While all employee handbooks are unique, your Georgia employee handbook will likely include the following features:

Is my Company's Non-Compete Agreement Enforceable?

Non-compete agreements have become a source of much controversy in recent years.  Some view non-compete agreements as an infringement to a worker’s ability to find jobs in the free market.  For the employer, however, non-competition agreements can prove essential for protecting the employer’s confidential information.  In many states, courts have limited the Read more . . .

What changes could we see to employment laws in the coming years?

Employment law is an evolving, ever changing field.  Employers across the country must stay abreast of the most recent legal changes in order to ensure compliance with state and federal laws.  Our Atlanta management based employment law attorney at Pankey & Horlock, LLC discusses the top employment law issues you need to watch below.
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As an employee, you may have heard of the notion of “reasonable accommodation” in the workplace. What does this mean exaction? The phrase stems from a body of law which governs the ways in which an employer is required to treat an employee (or potential employee) who has a recognized disability that could impact his or her job performance. Under anti-discrimination laws both in the State of Georgia and federal law, an employer is prohibited from discriminating against an employee or candidate due to the disability. Further, the employer must make accommodations for that employee. However, the employee’s rights are not limitless, and an employer is only required to make accommodations that would not be unreasonably burdensome or create a safety hazard for others.

Does my small business need to have an employee handbook?

Many small business owners think that employee handbooks are only useful for large organizations, but this is not the case. In fact, it is crucial for any business to establish formal rules concerning the employer-employee relationship and the rights and responsibilities of the parties. Ultimately, a formal handbook can protect a business owner in the event of an employee dispute.

What policies should be included in an employee handbook?

Compensation

The first topic to address is employee compensation and whether employees are paid an annual salary, an hourly wage, or commissions. Employees should also be notified when they will be paid, weekly or bi-weekly, although it is customary for sales people to be paid on a monthly basis.

Unlike race and religion, gender identity has yet to be cloaked with the highest level of equal protection by the U.S. Supreme Court. Nonetheless, many states and local municipalities have begun the process of implementing regulations and statutes to address the rights of those in the transgender community. While some jurisdictions have put into place exclusive policies concerning bathroom usage, the general upswing is toward offering transgender individuals the same level of protection from discrimination as women, racial minorities and those identifying as a practitioner of a particular religion.

How can our company management avoid discrimination or harassment lawsuits?

With the body of anti-discrimination and anti-harassment laws in place, it is not only prudent, but essential, for companies to take proactive steps to protect themselves from lawsuits that will be costly, both in monetary terms and in terms of reputation. Here are some recommendations about how to shield your company against an onslaught of complaints and possible legal actions. It is important that you find a knowledgeable and experienced attorney who handles management-based employment issues to consult with should such issues arise.
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What are the new Labor Department rules for overtime pay?

In May, the Labor Department announced new rules regarding overtime compensation that will go into effect on December 1, 2016. The federal agency has long-been considering the issue, so the changes to white collar exemptions under the Fair Labor Standards Act came as no surprise.

New Overtime Rule at a Glance

The new rule changes the annual salary threshold for administrative, executive and professional employee from $23,336 ($455/week) to $47,476 ($913/week). The new exemption amount will also be increased every three years starting January 1, 2020, based on a percentage of weekly earnings for full-time salaried employees in certain low-income regions. Highly compensated workers will also be affected by the new rule as their exemption threshold will be increased to $134,004, and workers making this amount will not be eligible for overtime pay.