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Atlanta Employment Attorneys Blog

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What You Do — and Don’t — Need to Win a Retaliation Case in Georgia

Speaking out against sexual harassment is fraught with many concerns and potentially negative consequences for a lot of workers. Many justifiably fear that speaking up will negatively impact their careers, up to and possibly including the loss of their jobs. When that happens, that’s something called retaliation and it’s just…

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When Your Work in Georgia May Be ‘Agriculture’ for Purposes of Your H-2A Visa, But Not ‘Agriculture’ for Purposes of the FLSA

According to the Georgia Department of Economic Development, agribusiness represents the state’s leading industry, checking in with $74 billion in annual economic impact. That means that a lot of workers in this state are exempt from the minimum wage and overtime provisions of the Fair Labor and Standards Act, based…

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Discrimination Lawsuits in Georgia, ‘Comparators,’ and What Does (or Does Not) Make Workers ‘Similarly Situated’

When you’re pursuing an employment discrimination case, the court will be looking for certain types of proof from you, including evidence that the employer treated you less favorably that a similarly situated coworker. “Similarly situated,” in this context, means someone who’s professionally very much like you except that they fall…

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Standards of Causation for Federal Retaliation Claims in Georgia

There are a wide array of pieces of information that can help your employment discrimination case. Many may involve factual issues and tend to prove the discrimination you’ve alleged. Other are matters of law, like the degree of causal connection you need to succeed in your type of discrimination case.…

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Working for Food? What the Law Says About Non-Traditional Methods of Compensating Workers

There are lots of reasons an employer might want to pay a worker or former employee in an unconventional way. It might be a marketing promotion, it might be an attempt to embrace cutting-edge currencies, or it might be a passive-aggressive expression of hostility. Whatever the reason, workers and employers…

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The Importance of Rules Compliance in Your Federal FLSA Lawsuit, and What to Do When Your Employer Doesn’t Follow the Rules

In 2014, a children’s author released her new book for 4-7 year-olds, entitled I Can Follow the Rules. The benefit of following the rules is a lesson taught from a young age. Failure to follow the rules has its own set of potential consequences. That’s true whether you’re a student…

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The Impact of a New Federal Appeals Court Decision on Retaliation Cases in Georgia

An important new ruling from the 11th Circuit Court of Appeals (whose decisions directly control federal lawsuits in Georgia, Alabama, and Florida) clarifies how expansive federal law’s prohibition against retaliation really is. The decision illustrates that the provision is quite broad, meaning that it can be a vital tool for workers…

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A North Georgia Insurance Agency Owes $50K After Firing an Employee for ‘Inquiring About Pay’

Employees should be free to assert their rights under the Fair Labor Standards Act, including asking questions about their employers’ pay practices. Unfortunately, too often, asserting those rights comes with a job-related price, up to and including losing one’s job. When that happens, that may represent illegal retaliation, which is…

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Overcoming an Exempt Employee Classification When Your Duties Really Indicate Non-Exempt Status

Many employers derive substantial economic benefits from classifying workers as independent contractors. The classification means those are not entitled to receive overtime pay, a minimum wage, or additional benefits (like health insurance) that the employer provides only to employees. Due to these economic realities, many employers will classify workers as…

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Using Comparator Evidence in Proving Your Age Discrimination Case in Georgia

When this blog looks at recent case decisions, we often explore outcomes where an injured worker was successful. Sometimes, though, cases that ended unsuccessfully provide the best lessons and tips for a worker contemplating a discrimination lawsuit. Of course, whether it involves utilizing cases where the other worker won or…

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