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Atlanta Employment Attorneys Blog

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An FLSA Class Action, Collective Action, or Individual Action: Which One Makes the Most Sense for My Unpaid Overtime Claim?

If your employer has denied you overtime pay that you earned, you potentially have several possible legal options. You can seek compensation individually, you can initiate a class action, or you can pursue a collective action under the Fair Labor Standards Act. Determining which avenue makes the most sense can…

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My Employment Discrimination Case Just Got Moved to Georgia from Out of State. Now What?

Ours is a national and, in many cases, global economy. The realities of the world of work often include job changes or promotions that necessarily include relocation to a new state. If that’s happened to you and you’ve also suffered discrimination on the job, your case potential can present some…

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What Happens if My Employer Takes an Automatic Pay Deduction for Meal Breaks But I Did Not Actually Get My Break?

In wage and hour law, as with any area of the law, there are issues that arise with elevated frequency at certain moments in time. (For example, a few years ago the courts saw a flurry of employee-versus-independent-contractor misclassification cases involving exotic dancers.) More recently, an issue before multiple different…

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The FLSA, the Agriculture Exemption, and a Class Action by ‘Independent’ Poultry Farmers Alleging Misclassification

An ongoing case in federal court in Macon represents a potentially important data point in an emerging area of Fair Labor Standards Act misclassification litigation: lawsuits between big agribusiness entities and the farmers with whom they work. These farmers are typically classified by the agribusiness companies as independent contractors, but…

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When Misusing “Sir,” “Ma’am,” and Gendered Pronouns Will — and Won’t — Amount to Gender Identity Discrimination Under Title VII

Two years ago, the U.S. Supreme Court declared that employment discrimination based on workers’ sexual orientations or gender identities constituted violations of Title VII. Since that time, the exact extent of federal law’s protection against gender identity discrimination remains an issue that is still developing. Whether you’re a worker who…

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Disability Accommodations, Interactive Processes, and What Constitutes ‘Thwarting’ Those Processes

Every successful disability discrimination case necessarily involves several essential ingredients. You have to have suffered from a qualifying disability. You must have made a request that was sufficiently specific to put your employer on notice that you were seeking a disability accommodation. You also must have engaged in the interactive…

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A Georgia Employer Agrees to Pay $47K After Allegedly Failing to Accommodate a Worker’s Lung Disease and Elevate Risk of Contracting COVID-19

As we enter the holiday season this year, one thing for which we can be thankful is that most of us generally can celebrate the season with many fewer restrictions as compared to two years ago. Even as COVID-19 has dissipated from its 2020 worst, the virus (and complications from…

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Company Holiday Parties in Georgia and How They Can Run Afoul of Sexual Harassment or Wage and Hour Laws

Employers celebrating the holidays with company-wide parties are increasing in numbers. While not at 2019 levels, research shows that, in 2022, more than half are having in-person events. With office holiday parties returning, so too are the legal risks that run concurrently with them. Whether you’re an employer or an…

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An Atlanta Hospital Worker Receives $55K After Her Employer Failed to Accommodate Her Mental Health Disability

As of 2020, according to the National Institute of Mental Health, nearly 53 million American adults — or 21% — had one or more forms of mental illness, which can cover a wide array of disorders from depression to anxiety to schizophrenia to addiction. Fortunately for those who experience mental…

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A Recent Federal Appeals Court Decision Serves as a Reminder of the Breadth of the FLSA’s Anti-Retaliation Protections

Many workers probably know that they can pursue legal action if they incur retribution from their employer for speaking out against discrimination or harassment. However, Title VII isn’t the only law with a prohibition against retaliation. You may also be entitled to hold your employer accountable if they punished you…

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