ELS Newsletter Fall 2019

The Employment Law Solution: McFadden Davis, LLC includes Tips for Creating an Alliance Culture for Gender Identity, Information on Gender Self-Identification, and a Discussion of Modern Day Workplace Discrimination in their latest newsletter. ELS is proud to be recognized by our client, AT&T, for our efforts to increase the pipeline of diverse individuals entering the […]

Mental Health Issues: ADA, FMLA and Reasonable Accommodation

Employee mental health issues are covered under the Americans with Disabilities Act (ADA) and the Family Medical Leave Act. What that means to you the employer or HR professional is that if an employee of an organization with 15 or more employees has a mental health condition, they are likely eligible for a reasonable accommodation. […]

It May Be Time to Reclassify Some Employees as Non-Exempt or Implement Pay Raises

Under a final rule issued by the U.S. Department of Labor (DOL) on September 24, 2019, employees who make less than $35,568 are eligible for overtime pay effective Jan. 1, 2020. To be exempt from overtime under the federal Fair Labor Standards Act (FLSA), employees must be paid a salary of at least the threshold […]

DOL Announces Notice of Proposed Rulemaking to Update Joint Employer Test

On April 1, 2019, the Department of Labor (DOL) announced a proposed rule to clarify when employers are considered joint employers where they share or exercise control over workers. This Notice of Proposed Rulemaking (NPRM) came on the heels of two other significant NPRMs from the DOL regarding minimum salary levels for overtime exemptions (March […]

Modern Day Discrimination

by Chandra C. Davis and Jordan Starks, Esq. In 1979, Title VII of the Civil Rights Act was enacted, and established the legal standard for discrimination in the workplace. Employees who were members of a protected class (race, national origin, sex, age, or disability) were given protection against discrimination in the workplace. However, these categories […]

Dispute Between EEOC and DOJ: LGBTQ Protections Under Title VII

In 2017, the Trump administration, through the Department of Justice (DOJ), reversed the Obama-era policy which used Title VII to protect transgender employees from discrimination. Attorney General Jeff Sessions issued a memorandum to U.S. Attorneys, stating, “Title VII’s prohibition on sex discrimination encompasses discrimination between men and women but does not encompass discrimination based on […]

Gender Self-Identification

Gender binary is the classification of gender into two distinct, opposite and disconnected forms of masculine and feminine, whether by social or cultural belief. Gender binary is also known as gender binarism, binarism, or genderism. The number of people identifying as “gender-nonbinary”—meaning, as neither male nor female—is on the rise. According to Gender Wiki, people […]

Tips to Create an Alliance Culture for Gender Identity

Creating a positive and safe work environment is more important than ever and it benefits employers and employees. The right actions assist changing workplace culture to reflect our changing society. Gender identity may cause some employees caution when interacting with other employees, despite years of working relationships. Here are some tips to create an alliance […]

Gender Identity – Creating a Positive and Safe Work Environment

Raquel Crump notes creating a positive and safe work environment is more important than ever and it benefits employers and employees. The right actions assist changing workplace culture to reflect our changing society. Gender identity may cause some employees caution when interacting with other employees, despite years of working relationships. Here are some tips to […]

Tennille Hoover to Present at The Solo & Small Firm Institute CLE

Tennille Hoover will present Don’t Let Your Money Fly Away! Thorny HR Issues for Solo and Small Firms. September 26 and 27, State Bar of Georgia. Limited programming via video conference to Savannah & Tifton State Bar Offices. Tennille will present in the Auditorium on September 26 from 1:30 to 2:35 p.m. The Solo & […]