Employers have a lot power when it comes to managing employee vacation days — but some states provide employees with more rights than others when it comes to taking time off. The situation is all-too-familiar: You’ve had your nose to the grindstone, working yourself to the bone for months on…
Articles Posted in Employment Law
What to Do If Your Employer Is Falsifying Your Timecard
If your employer is shaving your hours, don’t think you’re powerless to stop it. Save the evidence you do have, and don’t worry about the evidence you don’t have — holding employers accountable and collecting your due is an achievable result. Ideally, the relationship between employers and their employees is…
Definition of “Spouse” Under FMLA Amended to Include Same-Sex Couples
A new rule issued by the Department of Labor (DOL) amends the Family Medical Leave Act’s (FMLA) definition of “spouse” to include same-sex couples married in states where same-sex marriage is legally recognized. Under the new rule, codified at 29 C.F.R. § 825.102 and 825.122(b), two people are married for…
You Can’t Take it With You: Non-Compete and Other Agreements
Recall, if you will, the plight of Seinfeld’s George Costanza. Embarrassed by a co-worker’s snide comment at a big meeting, he spiraled into near-psychosis while fixating on the “perfect” comeback he only thought of long after the fact. Determined to use his confusing “jerk store” retort, he stalked the co-worker…
This is a Job for FedEx…or is it?
By looking at the uniforms and the trucks and scanners and just about everything else associated with any FedEx delivery driver, it’s more than reasonable that one would naturally assume they’re part of a massive payroll consisting of tens of thousands of employees for the Tennessee-based corporation. FedEx, however, would…
Employee or Independent Contractor? Why the 1099 Matters
As the first American set to orbit Earth sat in a tiny capsule atop a giant rocket in February 1962, fellow astronaut Scott Carpenter wished him good luck with a succinct, “Godspeed, John Glenn.” Moments before, however, Carpenter was cutting the tension with a line that immediately became part of…
Why You Need to Read Your Next Employment Contract
A fairly common trick many law school professors like to play on new students is to hand them a pretty lengthy agreement of some sort and ask that they sign and date it. Most everyone complies and hands them back in within a matter of seconds. A handful of stragglers…
Celebrating Wins for the Working Class
Much as single days celebrating mothers and fathers seem to fall short of fully acknowledging everything they do for their families, a lone Monday off in honor of America’s hard workers is far from all the reward they deserve. Of course, that shortfall is unfortunately what keeps employment law attorneys busy…
Federal Court in Tennessee Rejects Argument That Employees Should Not Be Compensated For Work During Meal Breaks
Recently, a federal court in Tennessee permitted a case to move forward that raises the question of whether the Fair Labor Standards Act (FLSA) permits compensation for work activities that “bookend” a 30-minute meal break. In Abadeer v. Tyson Foods, Inc., employees at Tyson Foods were required to remove, wash,…
Understanding Wrongful Termination
Many individuals who work in Georgia are already aware of the fact that their employment is “at will.” What that means is that an employer in Georgia is allowed to terminate an individual for practically any reason. Georgia courts typically state that an employee can be terminated for a good…