Atlanta Employment Attorneys Blog

Proper Methods for Calculating Hourly Rate of Pay for Employees on Commission to Determine Compliance with FLSA

July 28, 2017 | Parks, Chesin & Walbert

A law student once joked with his law professor, who was discussing a topic that involved math skills, by interjecting, “Excuse me, sir. I must object. I was told there’d be no math (in law school).” While perhaps a good source of humor after a long day of legal studies, it’s actually not true. Many lawyers are very adept at math, including your Georgia wage-and-hour attorney. Compliance with the Fair Labor Standards Act means understanding many things, including some math. It also means knowing which mathematical calculation methods for determining compliance with minimum wage and overtime rules are allowed by the law, and which aren’t. In the case of a salesman who received commissions, the law required allocating his commissions to the month when he earned them, rather than just doing a calculation that averaged the salesman’s commissions across his entire 12-month period of employment. Continue reading ›

Eleventh Circuit Allows Deputy Who Was Passed Over for Promotion Despite Higher Exam Score to Maintain Race Discrimination Action

July 21, 2017 | Parks, Chesin & Walbert

For employers, one of the challenges with which they must deal is creating and following a process for making new hire and promotion decisions. The need to appear impartial and fair may lead an employer to create a metric that is standardized and objective. The key, though, is that, once an employer creates such a system, it becomes important to follow that system or, if deviating from those results, to document a clear reason why. If your employer doesn’t do this, these facts may actually work to strengthen your Georgia employment discrimination case, according to a recent 11th Circuit Court of Appeals ruling. Continue reading ›

FLSA Retaliation Claims Against Individuals Associated with an Employer

July 14, 2017 | Parks, Chesin & Walbert

A recent employment law ruling from the Ninth Circuit Court of Appeals has created quite a bit of buzz among legal observers. In that case, the Ninth Circuit decided that the Fair Labor Standards Act’s prohibitions against retaliation were broad enough to allow a dairy worker to sue his employer’s outside attorney for contacting immigration enforcement and notifying them about the employee’s undocumented status.

Eleventh Circuit Upholds Lower Court, Denies Valets the Right to Sue over Alleged Unpaid Tips

July 7, 2017 | Parks, Chesin & Walbert

In an important recent ruling, the 11th Circuit Court of Appeals has affirmed the decision of an Atlanta-based federal District Court, denying an employee the opportunity to pursue a class action against her employer for keeping some of the employees’ tips. The key to the employer’s victory in both courts was the limitations on private lawsuits contained in the Fair Labor Standards Act’s language. Since that law only allowed private lawsuits in cases of unpaid overtime or failure to meet the minimum wage, neither of which occurred in this case, the employee had no legal right to pursue a private class action.

Manager’s Part-Time Schedule Accommodation Meant He Wasn’t Qualified to Do His Job, Sixth Circuit Rules

June 28, 2017 | Parks, Chesin & Walbert

As an employer, there are many human resources-related tasks with which you must concern yourself. Some of these might seem like less significant items, but even these “small” details can have great importance in certain situations. One example is maintaining updated, detailed, and complete job descriptions. While this might seem like a relatively minor thing, it was the key to success for one Ohio employer in a disability discrimination case one of its employees launched recently.

When is a Worker a ‘Co-Worker’ and When is He a ‘Supervisor’ in Terms of a Sexual Harassment Case

June 20, 2017 | Parks, Chesin & Walbert

The case of gross misbehavior going on at a West Tennessee auto parts store contained some unusual facts. All of the sides agreed that the conduct of the alleged harasser, who was also the store manager, was “repulsive.” Everyone agreed “that he got what he deserved when” the employer fired him shortly after its investigation. What wasn’t clear was whether the store manager held a role within the employer’s organization with enough power such that the employer could be liable for his harassing conduct. Ultimately, the courts decided that the employer was not liable in this case because of the limited authority the store manager actually held.

‘Quid Pro Quo’ Sexual Harassment and Federal Title VII Litigation in Georgia

June 16, 2017 | Parks, Chesin & Walbert

Almost 23 years ago, two Hollywood A-list actors, Michael Douglas and Demi Moore, starred in a dramatic film called “Disclosure.” The issue of workplace sexual harassment –- specifically, quid pro quo harassment –- was a key plot point in the film. In the movie, the female boss (Moore’s character) engaged in quid pro quo harassment of her male subordinate employee (Douglas’ character).

Nurse Allegedly Fired for Sleeping on the Job Unable to Show Termination Was Actually FMLA Retaliation

June 7, 2017 | Parks, Chesin & Walbert

A considerable variety of employment law cases, especially when the employee’s claims relate to discrimination or retaliation, can succeed or fail based upon which side (employee or employer) presents a stronger case about whether the employer’s adverse action was legitimate or merely a pretext for engaging in illegal conduct. Many times, this may boil down to other employees working for the same employer and whether or not they qualify as “similarly situated” in relation to the employee who has sued. The case of a nurse from Florida allegedly fired for sleeping on the job offers a real-life example of this.

Lack of ‘Similarly Situated’ Males Dooms Tennessee Professor’s Sex Discrimination Case

May 26, 2017 | Parks, Chesin & Walbert

In a Title VII discrimination case, there are several hurdles in front of a plaintiff. The law requires that the employee show that she suffered discrimination and that the legitimate, non-discriminatory reasons offered by the employer were really just pretexts for discrimination. In the case of one middle Tennessee professor, her employer was able to persuade the court that the professor’s case came up short in multiple areas required by the law.

Sixth Circuit Says Employer Can Be Liable in FMLA Case, Even if Actual Decision-Makers Weren’t Biased

May 18, 2017 | Parks, Chesin & Walbert

An old fable tells the story of a cat and a monkey. The monkey convinces the cat to fetch some chestnuts from the embers of a recently extinguished fire. The cat gets the nuts and gives them to the monkey, burning its paw in the process. A maid interrupts their activity, resulting in the cat getting nothing but a burned paw for its troubles. This fable is the origin of a phrase – “cat’s paw” – that means being the tool of another person. In employment law, the “cat’s paw” theory of liability is something that can hold an employer liable even when the employer has been duped by one of its supervisory or managerial employees.

A recent Sixth Circuit Court of Appeals case addressed the question of whether the “cat’s paw” theory of liability can apply in a Family and Medical Leave Act retaliation case. The plaintiff was a woman who worked for a company that provided “cost containment” services for insurance companies. The employee had depression, anxiety, and PTSD issues. Due to a bout of acute mental health problems, the employee took an unplanned period of FMLA leave in early 2012. Sometime after this, the company demoted her from a team lead position to an analyst role.