The poet Gertrude Stein wrote that a rose is a rose is a rose is a rose.” In employment law, though, sometimes a resignation is not a resignation. Workers and employers should be aware that, if there’s evidence that a worker was forced by intolerable conditions to resign, the law…
Any federal employment discrimination lawsuit is something worth taking very seriously, whether you’re the worker pursuing the case or the employer being sued That includes assessing the ways an employer can defeat a claim, potentially even before the lawsuit makes it to trial. Whichever side you’re on, you can strengthen…
Earlier this year, the Fair Labor Standards Act celebrated its 85th anniversary. Later this year, the executive and administrative exemptions will also turn 85 years old. The FLSA helps ensure workers receive fair compensation, while the exemptions provide important aid to employers. Whether you are an employer or an employee,…
A case from outside Georgia serves as a useful reminder to employers and employees alike regarding the Fair Labor Standards Act’s rules regarding “rounding” time a worker works each day. The overarching concept that you need to know is this: if an employer’s rounding policy results in an outcome where,…
In the tragedy of Romeo and Juliet, William Shakespeare asked the timeless literary question, “What’s in a name? That which we call a rose / By any other name would smell as sweet.” Those lines highlight the truth that changing a name or a title does not, by itself, change…
In some ways, wage and hour law can be like the game of bridge. Each has various sets of rules that can layer on top of (or intertwine with) one another. In each setting, the difference between success and defeat often can come down to which side understands, utilizes, and…
A pair of unsuccessful attempts to settle two Fair Labor Standards Act lawsuits in Georgia are very instructive about how FLSA settlements work. One crucial concept to know is that settling an FLSA case requires clearing more hurdles than, say, settling an ordinary auto accident case. Whether you are seeking…
An internet meme about lawyers mines humor from the frequency with which attorneys answer questions with “It depends.” Truthfully, “it depends” very often is the right answer, as many legal disputes that appear similar may yield vastly differing results depending on any number of (or sometimes just a few) key…
Sometimes, an unpaid overtime case is relatively straightforward. Other times, though, unpaid overtime cases can involve many layers and complexities, including issues like an employer’s potential immunity from liability. Whether you are an employee or an employer, it is crucially important to understand all of your rights and responsibilities under…
A recent unpaid overtime ruling, while not occurring here in Georgia, is potentially significant to workers and employers here who find themselves embroiled in a dispute regarding the applicability of an exemption to the overtime pay requirements of the Fair Labor Standards Act. The recent case involved the proper burden…