Whether you are an employer or a worker, employee-versus-nonemployee classification for purposes of employment law is a vital step, and the extreme importance of this classification process is something where you definitely should consult a knowledgeable Atlanta wage and hour lawyer. As a worker, misclassification may improperly deny you access…
Whether you’re an employee who’s endured discrimination or an employer facing a discrimination claim, it is important to understand how the employment discrimination litigation process works. An employee’s success is predicated upon clearing a series of evidentiary hurdles. For employers, success may lie in persuading the court that any one…
A recent minimum wage case from Massachusetts is a reminder that just because an employee is not actively engaged in conducting the employer’s business — or maybe even is asleep — that doesn’t mean those hours aren’t compensable time. Hours spent on-call or waiting to work may or may not…
Last year, a few major U.S. Supreme Court rulings turned 50 years old. The first case to come to many minds probably is the landmark 1973 ruling of Roe v. Wade. However, the name at the tips of employment lawyers’ tongues probably is the discrimination case of McDonnell Douglas Corp.…
Domestic workers (like nannies and housekeepers) are a diverse group. Even fictional depictions range from Julie Andrews’ Mary Poppins to Robin Williams’ Mrs. Doubtfire. In real life, these workers often put in long hours, working more than 40 hours a week. Those facts may mean that a nanny or housekeeper…
One of the more common issues employers and employees may encounter regarding a possible discrimination lawsuit is the existence of a valid arbitration agreement. Many employers include these agreements with other contractual documents that new hires sign as part of their “onboarding” process. Whether you’re a worker looking to litigate…
Food delivery drivers frequently can be the victims of Fair Labor Standards Act violations. That can include improperly underpaying drivers who use their personal vehicles for deliveries (by paying them only the minimum wage and then not properly paying them for the vehicle expenses they incur,) or illegally underpaying them…
Proper written documentation can be the difference between success and failure for an employer facing a discrimination lawsuit. The more contemporaneously created items showing the issues the employee had, the more support the employer will have for an argument that it took adverse action against the employee for legitimate reasons…
Race discrimination cases can span a broad spectrum, from those involving allegations of employers blatantly and remorselessly setting out to discriminate against certain races to employers whose discriminatory misconduct was wholly lacking in “racial animus.” In either scenario, the discrimination is illegal and can entitle the workers harmed by it…
Whether you’re an employee or an employer, it is important to understand the rights and responsibilities set out in the Family and Medical Leave Act. It is also vital to know what you have to prove (as a worker) or disprove (as an employer) in a case of illegal retaliation…