Publicly available employment law court rulings can often be very helpful, both to employers and to employees. Unfortunately, many court case decisions are instructive in a “what not to do” sense, for one side or the other. Working with experienced Tennessee employment law attorneys is one way to make sure you don’t fall into the “what not to do” traps that often ensnare real-life litigants. In a recent Tennessee sexual harassment case, it was the employee’s evidence related to the employer’s allegedly woefully inadequate response to sexual harassment that allowed her to take her case to trial. Continue reading ›

A recent unpaid overtime case originating in Tennessee placed into conflict two competing legal concepts:  an employee’s right to pursue collective action litigation under the Fair Labor Standards Act and an employer’s right to obtain employees’ waiver of their right to sue under the terms of contractual arbitration agreements. This case highlights some of the complexities that can arise in FLSA cases and the importance of retaining skilled Tennessee employment counsel, who can help guide you through the sometimes complicated process of navigating the procedural pathways required in taking on your case. Continue reading ›

Abraham Lincoln reputedly said that “he who represents himself has a fool for a client.” The central thrust of this statement is that cases in which a party represents herself almost always end poorly for that person. This is especially true for non-lawyers who represent themselves. The law, especially employment law, is full of specifics, details, and requirements that even an intelligent and knowledgeable non-lawyer couldn’t reasonably be expected to know. That’s why it is almost always the right move to retain experienced Georgia employment counsel to represent you in your discrimination case. Continue reading ›

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 ›

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 ›

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.

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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.

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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.

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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.

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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).

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