The 11th Circuit Court of Appeals in Atlanta issued a ruling that will likely make it easier for Georgia public school employees to pursue lawsuits against their employers for violations of federal employment laws like the Family and Medical Leave Act. The ruling concluded that public school districts are not…
Atlanta Employment Attorneys Blog
High-Profile Atlanta Case Shines Spotlight on Federal Genetic Information Nondiscrimination Act and Genetic Privacy in the Workplace
Atlas Logistics Group Retail Services (Atlanta), LLC had a relatively serious business problem stemming from what it believed was employee misconduct. The employer also had what it thought was a viable solution. It just needed DNA samples from some of its employees to identify the misbehaving worker. Unfortunately for Atlas,…
Monitoring Radio Is Not Enough to Transform Breaks Into Work Time, Holds 6th Cir.
Security guards required by their employer to monitor the radio during their meal breaks were not entitled to pay for those breaks, as monitoring the radio and responding to possible emergencies did not transform the break into compensable time. The case was decided by the U.S. Court of Appeals for…
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…
Eleventh Circuit Affirms Dismissal of Georgia Employee’s Race and Age Discrimination Claims
The Eleventh Circuit Court of Appeals affirmed the dismissal of a Georgia employee’s lawsuit that alleged unlawful race and age discrimination. The plaintiff asserted that he was fired from his job because of his race and age in violation of Title VII of the Civil Rights Act of 1964 (“the Act”)…
Tennessee Staffing Agency and Recycling Center Sued by EEOC for Alleged Disability Discrimination
The Equal Employment Opportunity Commission (EEOC) sued a Tennessee staffing agency and an international recycling company with a facility in Tennessee over alleged violations of the Americans with Disabilities Act (ADA). The action was based on the defendants’ treatment of a deaf employee. The plaintiff sought temporary employment through the…
Tennessee Employer Did Not Unlawfully Discriminate Against Prospective Employee Who Refused to Provide Social Security Number on Religious Grounds
A recent Sixth Circuit holding affirmed a federal district court’s ruling that an employer did not violate Title VII of the Civil Rights Act of 1964 by declining to hire a prospective employee because he refused to provide his social security number on religious grounds. The plaintiff applied for an…
New Overtime Wage Requirements Could Grant Overtime Rights to Thousands of Georgia Workers
The Department of Labor is considering raising the minimum wage an employee must earn to be considered an overtime exempt employee. If the proposed rules raise the wage threshold as expected, millions of workers who thus far have been exempt from overtime pay could be eligible. The federal law that…
Eleventh Circuit Affirms Georgia Truck Driver’s Termination Did Not Violate ADA, FMLA
A trucking company that fired a truck driver who had been diagnosed with alcohol dependency did not violate the Americans with Disabilities Act (ADA) or the Family and Medical Leave Act (FMLA), according to a recent Eleventh Circuit ruling. The plaintiff in the case was employed in Georgia by the…
Employer That Edited Overtime Records Liable for FLSA Violations
The Eleventh Circuit last month affirmed the basic principles of the Fair Labor Standards Act (FLSA) by denying an employer’s attempt to blame its employee’s conduct for the employer’s violation of overtime wage laws. The case, Bailey v. TitleMax of Georgia, involved an FLSA overtime claim brought by an employee…