Employee Classification Update

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in federal, state and local governments.[1] The FLSA requires employers to pay overtime to employees who work more than 40 hours per week at a rate of one-and-one-a-half times those workers’ hourly […]

Breastfeeding in The Workplace

Six years ago, ELS Partner, Chandra Davis became a mother to a beautiful daughter. She, like many women, decided to breastfeed; but Davis also worked full time as an attorney. One morning, Davis had a deposition to attend and arranged to have two rooms reserved: one for the deposition and the other to use as […]

The Expansion of Sex Discrimination

Ann Hopkins was a senior manager at Price Waterhouse, a professional accounting firm, when she was considered for partnership in 1982.[1] Her candidacy was held for reconsideration when Price Waterhouse neither denied nor offered her the partnership; however, Hopkins’ partnership was later denied.[2] Hopkins was denied promotion because she was perceived as less than feminine.[3] […]

Pres. Obama’s Supreme Court Justice Nomination is a YES for Employees

On Wednesday, March 16, President Obama announced The Honorable Merrick B. Garland, Chief Judge of the U.S. Court of Appeals for the District of Columbia, as his nominee for the U.S. Supreme Court.  Judge Garland has almost two decades of federal judiciary experience.  He oversaw the prosecutions of Timothy McVeigh and Terry Nichols for the […]

Avoiding Legal Liability In An Interview

Avoiding Legal Liability In An Interview[1] Federal and state laws have been created to protect, not only employees, but applicants from discrimination on the basis of race, color, religion, sex, national original, age and disability or genetic information. Many employers believe explicitly and directly asking questions in interviews concerning these inherent characteristics only subjects them […]

Employers Cannot Discharge Just Because It “Dislikes” Social Media

More and more employers are creating and implementing social media policies for their employees to comply with. Employers are concerned about their brand; employees affect the brand, positively and negatively. Social media policies allow employers to control its brand’s image and protect its reputation. With the increased use of social media, employees are beginning to […]

The New World of Discovery and Efficiency in Litigation

On December 1, 2015 new amendments for the Federal Rules of Civil Procedure (FRCP) will take effect. The amended rules include Rule 26(b), Rule 4m and Rule 37(e). The focus of the amended rules is to provide efficiency in the litigation process and curtail discovery costs. Rule 26(b) Rule 26 (b) governs the scope of […]

Partner Jamala McFadden Named a 2015 “On the Rise” Recipient

Partner Jamala McFadden has been selected for The Daily Report’s 2015 class for “On the Rise”-  a selection of Georgia lawyers under the age of 40 who are making a difference in the community and are aimed to continue such service in the future. Jamala will be highlighted in a special section of The Daily Report […]

Workplace Violence: How to Avoid It!

Twenty percent of all violent crime in U.S. occurs in the workplace, injuring more than two million workers annually. More than 50 million U.S. employees feel they have been bullied on the job. If you have your own privately ran business, or you are just an employee at one, you should know the proper steps […]

EEOC and DOL Address GINA Concerns in FMLA Forms Requested by Employers.

EEOC Office of Legal Counsel staff members wrote the following letter to respond to a request for public comment from a federal agency or department. This letter is an informal discussion of the noted issue and does not constitute an official opinion of the Commission. GINA: FMLA Forms and GINA Confidentiality and Disclosure Provisions November […]