Currently, the law allows restaurant employers to pay employees a base rate below the mandatory minimum wage as long as those workers ultimately end up receiving total compensation that works out to be more than the minimum hourly requirement (which, here in Georgia, is $7.25.) If you find it necessary…
Atlanta Employment Attorneys Blog
When Ageist Insults Can Factor into a Federal Age Discrimination Case in Georgia
The emergence of memes involving the derisive phrase “OK boomer” is a reminder that age-based bias is as pervasive as ever (if not more so) across America and here in Georgia. While some age-biased insults may be merely rude or in poor taste, other times, they represent something very profoundly…
The Importance of Thorough — and Factually Consistent — Documentation When it Comes Time to Litigate a Discrimination Case
TV and theatrical depictions of lawyers and litigation often take a great degree of “artistic license.” (Scenes inside a courtroom room rarely look like what happens on a Law and Order show.) One thing shows and movies get right, though, is a good attorney’s ability to spot weaknesses in the…
A Federal Court in Georgia Denies the Salvation Army’s Dismissal Motion in a Minimum Wage Dispute Involving ‘Rehabilitation Program’ Participants Who Worked in Its Thrift Stores
When it comes to determining compliance with the Fair Labor Standards Act’s minimum wage and overtime compensation requirements, it’s essential to understand that not all workers receive pay 100% in the form of cash. Some may receive compensation through housing, meals, or other non-cash forms. Even if you’re receiving in-kind…
Properly Pleading a Case of FMLA Interference or Retaliation in Georgia
When your employer illegally interferes with your rights under the Family and Medical Leave Act (FMLA) or retaliates against you for invoking those rights, you may be entitled to seek a civil judgment and recover compensation based on those violations. Winning an FMLA interference claim or FMLA retaliation claim requires…
The Georgia General Assembly Weighs Passage of a Bill That Would Ban Many Forms of Workplace Pregnancy Discrimination
Workers who make the decision to continue navigating the workplace during (or very shortly after) their pregnancies face many potential challenges, from the logistical to the physical to the emotional. What they shouldn’t have to face is discrimination on the job because they’re continuing to work while pregnant or nursing…
The Right (and Wrong) Way to Navigate an Employee’s FMLA Request in Georgia
The Family and Medical Leave Act (FMLA) grants important rights to many workers across the country. The statute also erects some specific obligations on both workers and employers. A worker’s failure to meet their obligations can result in a loss of eligibility for leave, while an employer’s failure to follow…
Employers’ Health Insurance Coverage Choices and Gender Identity Discrimination in Georgia
For transgender workers in Georgia, the potential to be harmed by discrimination exists on several fronts. Even if an employer refrains from any adverse action directly related to the worker’s performance of their job, other ways to harm that worker still exist, such as the denial of insurance coverage for…
Establishing a ‘Convincing Mosaic of Circumstantial Evidence’ in Support of Your Workplace Race Discrimination Case
When you seek to defeat your employer’s motion for summary judgment in your discrimination case, you may have multiple avenues through which you can do that. One is to provide the court “a convincing mosaic of circumstantial evidence that raises a reasonable inference that the employer discriminated against” you. A…
A North Georgia HR Director Receives $460K in a Settlement of a Federal Age Discrimination Dispute
When an employer denies a worker a promotion, fires them, or refuses to hire them because they’re over 40, that decision potentially represents a violation of federal law (the Age Discrimination in Employment Act (ADEA).) If you’ve encountered an age discrimination issue — whether as an employee or an employer…