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”)…
Atlanta Employment Attorneys Blog
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…
Whether Georgia Employees Are Exempt From FLSA Overtime is a Fact-Intensive Inquiry
Generally, an employer must pay employees overtime wages unless the employee is exempt under federal or state law. Determining whether an employee is overtime exempt can be difficult, especially if the employee’s duties are of a mixed nature. In a recent case, the Court of Appeals of Georgia noted that…
Georgia Whistleblower Plaintiffs Must Receive Definitive Decision of Termination to Trigger Statute of Limitations
The statute of limitations for a Georgia whistleblower action does not accrue until the employee receives a definitive or final determination about the alleged retaliatory action, the Court of Appeals of Georgia held late last year. This ruling helps public employees who have been wrongfully terminated by their employers prove…
New Legislative Session Brings Talk of a $15 Minimum Wage in Georgia
The Georgia legislature began its 2015-2016 regular session on January 12, and a controversial minimum wage bill could be up for debate in the house. House Bill 8, sponsored by Reps. Tyrone Brooks and Dewey McClain, seeks to increase the Georgia minimum wage to $15 an hour for most nonexempt…
Who Wins in Overtime?
Perhaps drawing inspiration from the college bowl games and NFL playoffs, the world of employment law lately seems fixated on the intrigue of overtime, although more in the context of bonus pay than bonus play. While it may not be as thrilling as a Hail Mary pass or as heartbreaking…