There has been a fair amount of buzz in the media about undocumented workers and fair wages for those individuals in recent months. Many Georgia employment lawyers have noticed that immigration reform is a topic of interest for many people, particularly the millions of immigrant workers who are part of the workforce in the United States. In fact, according to a MintPress news article, a three-judge panel decided that, regardless of an employee’s legal status in the United States, all employers are required to pay those workers legal wages, along with any other monies that have been promised to such workers.

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The falsification of timesheets in the workplace is a very serious offense under the law. When some people hear about falsifying timesheets, they immediately assume that it was the employee who was doing the falsifying. However, a Georgia employment attorney can tell you that it is not only an offense that is committed by employees–employers are often guilty of the violation as well.

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Whenever an individual is sexually harassed in the workplace, he or she might wonder about the best way to handle the situation. Sexual harassment is a problem not only for women, but for men as well. Thousands of charges related to sexual harassment are filed by both genders with the Equal Employment Opportunity Commission on a yearly basis. But what many victims of harassment don’t know is that there may be instances in which their employers can be held legally responsible for the harassment.

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Many individuals who have jobs are reluctant to report their employers’ wrongdoing or fraudulent activity because they fear that they might lose their job or suffer some other sort of adverse action. However, individuals should be aware that as employees, they enjoy certain protections against retaliation after engaging in protected activity under the False Claims Act.

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One of the most common questions in wage and hour cases is whether employees must be paid for “on-call” time . As business needs increase and customers demand more service at any given time of the day or night, many employers have found it necessary to have some of their employees remain “on-call” for a certain period of time or even 24-hours a day.

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Individuals are turned down for jobs for a variety of reasons. Some job applicants are simply unqualified for the position sought, while others are over-qualified. However, there are occasions when job applicants are turned away for discriminatory reasons, such as race or age. Accordingly, it is important for business owners to work with a Georgia employment attorney to ensure that their policies and hiring practices are legal and nondiscriminatory in every way. An attorney can appropriately evaluate employment policies and make a determination with respect to the possibility or existence of discriminatory hiring practices that might subject a business to litigation.

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According to a recent article in the Atlanta Journal-Constitution, the Georgia Court of Appeals has ruled in favor of 23 law clerks who had filed a wage discrimination lawsuit against Fulton County. The Court’s ruling affirmed an arbitration ruling that awarded the law clerks at least $4.3 million in back pay. A Superior Court already had affirmed the arbitration ruling on appeal, and Fulton County sought review of the ruling by the Georgia Court of Appeals, claiming that the award of back pay was barred by the doctrine of sovereign immunity. The Court of Appeals also remanded the case back to Superior Court so as to allow the law clerks to collect back pay from the date of the arbitration to the present, which amounts to an additional $500,000. As your Georgia employment lawyers can tell you, this ruling is a huge win for the law clerks of Fulton County after six long years of litigation.

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In a five-to-four decision, the U.S. Supreme Court recently ruled that retaliation claims brought under Title VII of the Civil Rights Act, which governs discrimination in employment, are held to a stricter standard of proof than other types of discrimination claims. In University of Texas Southwestern Medical Center v. Nassar, the Court very strictly interpreted a statute that was enacted in order to overrule a prior Supreme Court decision. As a result, the Court found that in a retaliation claim concerning the denial of permanent employment to a temporary employee, the individual must prove that he or she would have gotten the permanent job, but was denied for the retaliation that occurred by the employer.

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Age discrimination complaints are on the rise as the average age of American workers continues to increase, and Americans continue to work longer before retiring. In fact, a recent Forbes article notes that according to the U.S. Equal Employment Opportunity Commission, the number of age-related complaints in recent years has skyrocketed. From 1997 and 2007 there were between 16,000 and 19,000 annual age discrimination complaints filed with the EEOC. Since 2008, that number has increased to between 23,000 and 25,000 age discrimination complaints annually. As your Atlanta discrimination attorney can tell you, it is illegal under federal law for an employer with 20 or more employees to discriminate against an employee who is 40 years or older.

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According to a recent press release from the U.S. Equal Employment Opportunity Commission, there are now publications available that specifically address the employment rights of people with some specific disabilities, including diabetes, cancer, epilepsy, and intellectual disabilities. While EEOC publications in the past have primarily addressed employment rights of the disabled in very general terms, these revised publications specifically designate people with these medical conditions as falling under the purview of the Americans with Disabilities Act (ADA). More particularly, the ADA Amendments Act changes the definition of disability so as to make it easier to conclude that these medical conditions qualify as disabilities for the purposes of the ADA.

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