In many fields of employment, an employer may seek to obtain its employees’ signatures or agreements in which those workers sign away their right to sue in court for certain claims, such as unpaid overtime or minimum wage disputes. In place of a trial in court is a hearing before…
Atlanta Employment Attorneys Blog
The Critical Importance of Timely Filing an EEOC Charge and the Potentially Devastating Consequences to Your Georgia Discrimination Case of Missing the Deadline
In a lot of walks of life, some people like to say that “timing is everything.” If you’ve endured employment discrimination in Georgia, timing isn’t everything when it comes to succeeding in a civil action, but it may be the only thing that matters if you fail to meet the…
How Your Employer’s Failure to Apply its Policies Consistently May be the Key to Success in Your Retaliation Case
Many times in life, things are not necessarily what they seem on the surface. That can be true in the law, too. Your discrimination, harassment, or workplace retaliation case might, to some, not seem like much on the surface but, in the eyes and hands of a skillful Atlanta employment…
What You Do — and Don’t — Need to Win a Retaliation Case in Georgia
Speaking out against sexual harassment is fraught with many concerns and potentially negative consequences for a lot of workers. Many justifiably fear that speaking up will negatively impact their careers, up to and possibly including the loss of their jobs. When that happens, that’s something called retaliation and it’s just…
When Your Work in Georgia May Be ‘Agriculture’ for Purposes of Your H-2A Visa, But Not ‘Agriculture’ for Purposes of the FLSA
According to the Georgia Department of Economic Development, agribusiness represents the state’s leading industry, checking in with $74 billion in annual economic impact. That means that a lot of workers in this state are exempt from the minimum wage and overtime provisions of the Fair Labor and Standards Act, based…
Discrimination Lawsuits in Georgia, ‘Comparators,’ and What Does (or Does Not) Make Workers ‘Similarly Situated’
When you’re pursuing an employment discrimination case, the court will be looking for certain types of proof from you, including evidence that the employer treated you less favorably that a similarly situated coworker. “Similarly situated,” in this context, means someone who’s professionally very much like you except that they fall…
Standards of Causation for Federal Retaliation Claims in Georgia
There are a wide array of pieces of information that can help your employment discrimination case. Many may involve factual issues and tend to prove the discrimination you’ve alleged. Other are matters of law, like the degree of causal connection you need to succeed in your type of discrimination case.…
Working for Food? What the Law Says About Non-Traditional Methods of Compensating Workers
There are lots of reasons an employer might want to pay a worker or former employee in an unconventional way. It might be a marketing promotion, it might be an attempt to embrace cutting-edge currencies, or it might be a passive-aggressive expression of hostility. Whatever the reason, workers and employers…
The Importance of Rules Compliance in Your Federal FLSA Lawsuit, and What to Do When Your Employer Doesn’t Follow the Rules
In 2014, a children’s author released her new book for 4-7 year-olds, entitled I Can Follow the Rules. The benefit of following the rules is a lesson taught from a young age. Failure to follow the rules has its own set of potential consequences. That’s true whether you’re a student…
The Impact of a New Federal Appeals Court Decision on Retaliation Cases in Georgia
An important new ruling from the 11th Circuit Court of Appeals (whose decisions directly control federal lawsuits in Georgia, Alabama, and Florida) clarifies how expansive federal law’s prohibition against retaliation really is. The decision illustrates that the provision is quite broad, meaning that it can be a vital tool for workers…