DOL Tip Pay Rules Create Worker Shortages for Employers

While employers are generally required to pay non-exempt employees minimum wage, federal law allows employers to pay employees who customarily receive a certain amount of tips a reduced minimum wage in expectation that the employee’s tips will make up the difference.[1] Under federal law, that reduced minimum wage, known as the “tip credit rate,” is […]

Personnel Board Upholds Termination of 2 Supervisors for EEO Policy Violation

Attorney Carmen Alexander recently served as a key witness in personnel board hearings held for two terminated employees seeking to have their terminations overturned.  The two employees were first-line supervisors.  Both were terminated after Alexander found that they violated their employer’s EEO Policy by using the “N” word and, in a separate unconnected EEO investigation, […]

Recent Cases on Sexual Orientation Discriminaton in the Workplace

EEOC’s Position and Enforcement Actions in Protecting Sex Orientation The Equal Employment Opportunity Commission (EEOC) interprets and enforces Title VII’s prohibition of sex discrimination as forbidding any employment discrimination based on gender identity or sexual orientation.[1] These protections apply regardless of any contrary to state and local laws.[2] Since 2015, the EEOC has been actively […]

3 Mistakes To Avoid When Handling Intermittent FMLA Leave

Law360, New York (March 8, 2017, 9:07 PM EST) — While most employers have fine-tuned their practices for administering leave under the Family and Medical Leave Act, experts say the statute’s allowance for intermittent leave — shorter, less predictable absences — still often leaves employers flustered and open to legal woes. Passed in 1993, the […]

Register for Our March CLE!

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Want to learn about an area of law outside your niche? Please join The Employment Law Solution: McFadden Davis, LLC on March 21, 2017 from 7:30-9:30 am at the State Bar of Georgia in Conference A for In the ever-changing world of business, lawyers are required to have knowledge of many areas of law. This […]

Employment Cases To Watch In 2017

Law360, New York (January 2, 2017, 1:03 PM EST) — The next year is poised to be a tumultuous one in employment law and not just because of the transition to the Trump administration. While the regulatory pendulum is widely expected to swing back toward the management side after eight years of labor-friendly policy, several […]

5 Ways To Block Naughty Lawsuits From Nice Holiday Parties

Law360, New York (December 6, 2016, 8:34 PM EST) — While workplace holiday parties are meant to be a time of joy and celebration, careless employers may find that an incident at a company-sponsored gathering has left them with coal in their stockings in the form of potentially pricey lawsuits. Although holiday parties can be […]

Georgia Employers Required to Give Time Off to Vote?

As the presidential elections nears, have you wondered if employers are required to provide their employees time off to vote? In Georgia, employees receive up to two hours of time off to vote in Georgia.[1] However, certain restrictions are in place. First, the employee must provide reasonable notice to the employer.[2] Second, if the employee’s […]

21 States Challenging Department of Labor Overtime Rule

On September 20, 2016, 21 states – Alabama, Arizona, Arkansas, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Mississippi, Nebraska, Nevada, New Mexico, Ohio, Oklahoma, South Carolina, Texas, Utah, and Wisconsin – filed suit against the United States federal government, specifically the Department of Labor, challenging its new rule of overtime exemption.[1]  The group of […]

Transgender Rights and their Future

After Obergefell v. Hodges, No. 14-556, 2015 U.S. LEXIS 4250 (June 26, 2015), a landmark United States Supreme Court case which legalized gay marriage, many voices were raised concerning gender identity. In these debates, a question arose, “Can people utilize public bathrooms based on their gender identity?” Many advocates for the protection of transgender rights […]