One of the more substantial mistakes a business can make is to misclassify employees as independent contractors. An employee whose employer erroneously labels them as an independent contractor may be denied health care insurance coverage, family leave, and unemployment protection. They may also be deprived of the right to receive…
A recent Family and Medical Leave Act dispute is a reminder of the importance of timing. In many FMLA retaliation cases, the matter may come down to whether an adequate link exists between the employee’s use of FMLA leave and the employer’s punitive action, and that existence may depend on…
In any legal or administrative dispute, one of the most consequential decisions you must make is whether to settle with the other side or to litigate the dispute all the way to a judgment by a jury or judge. With each option comes particular potential benefits and drawbacks, which is…
A recent federal appellate ruling is likely a relief for some employers on the West Coast, and perhaps beyond. Although the 9th Circuit Court of Appeals’ opinion is only binding in several western states, it nevertheless represents the latest chapter in a growing trend among federal appellate courts. That trend…
Requesting leave under the Family and Medical Leave Act might seem like a simple and straightforward thing… but that is not always the case. Employees seeking leave must submit careful, detailed requests and supporting documentation (such as doctor’s notes) that sufficiently put employers on notice that the employee has a…
Succeeding in advancing a Family and Medical Leave Act retaliation or interference claim (or defending against such an allegation) requires many things. It demands knowing all of the elements you must prove for success, and what the law says you need to satisfy those elements. A knowledgeable and experienced Atlanta…
A minimum wage case that recently came before the 11th Circuit Court of Appeals (whose decisions control federal lawsuits in Georgia, Florida, and Alabama) is an example of how employees with legitimate Fair Labor Standards Act claims can still lose if they proceed without counsel and get tripped up by…
“Reverse discrimination” is an informal phrase that refers to instances of discrimination where the target of discrimination was not a member of a historical minority group (like, for example, women, African Americans, and gays/lesbians) but rather a traditional majority group (like men, white people, and heterosexuals). Recently, the U.S. Supreme…
Recently, a Greene County employer found itself facing not one but two federal lawsuits related to its pay practices and overtime compensation. The pair of filings illustrates how misclassifying workers can have numerous, complex impacts, both on the employer being sued and on employees who must decide whether to join…
The rules the Fair Labor Standards Act sets up regarding time-and-a-half overtime compensation are often nuanced and can be complicated. Employers risk noncompliance when they fall into the trap of oversimplification. For example, paying a worker a large sum every week or month does not necessarily mean that the worker…