On Tuesday, June 5, 2012, Parks, Chesin & Walbert scored a decisive victory for Seven Oaks Academy of Lilburn, Georgia, successfully defending the small daycare against a former employee’s appeal of the District Court’s Order dismissing her lawsuit. The plaintiff’s claims, which grew out of allegations of religious discrimination, included…
It is a common misconception among employers that simply paying a salary avoids the burden of paying overtime wages. Failing to properly classify salaried employees can have devastating consequences, including liability for unpaid overtime wages for highly compensated employees who routinely work well over 40 hours per week. The Two…
The Fair Labor Standards Act (“FLSA”) is one of the key protections for American workers. It sets a price‑floor by means of the minimum wage, and it reduces the hours that Americans are required to work by requiring overtime pay for hours above forty per week. However, when the law…
The FLSA is a broadly remedial statute that was designed with the dual goals of raising wages for the economically vulnerable while at the same time increasing employment. To accomplish these goals, the FLSA renders illegal any employment contract involving wages that are lower than the minimum wage or for…
When employees initiate lawsuits after separating from employment, they must typically meet certain burdens if they seek money damages, including a demonstration that they mitigated, or limited, their damages by pursuing a diligent job search. While this “duty to mitigate” damages is used routinely to limit back pay awards in…
Once terminated, former employees are often surprised to hear the employer’s reasons for termination. In many cases, former employees feel that the reason given for termination is unfair, deceptive, or simply a lie. To make things worse, employers don’t always provide a clear reason at the time of the firing.…
For those interested in Workers’ Compensation, check out atlantaworkerscompblog.com. Attorney Seth Bader has put together a blog for everyone from claimants to their attorneys, and I’m sure defense counsel could learn something too. Among other useful resources, the blog has a comprehensive list of forms published by the State Board…
The issue of “standing” is omnipresent in environmental law, and it often determines the outcome of cases–or, perhaps more accurately, whether the plaintiff will even be able to bring a case. The concept of standing basically says that only a person who has been injured in some way should be…
Discrimination, wrongful termination, hostile work environment, retaliation. These are words that I often hear during an initial client interview. While these concepts are relevant to employment law matters, they are often misunderstood by employees and employers alike. To start, the critical element of employment discrimination is that the discriminatory act…