Failure to Pay for Water, Bathroom and Rest Breaks: $1.75 Million
Written by: Don Benson, Esq. A December 16, 2015, federal court decision found that the pay of telemarketing employees was improperly docked for taking water, bathroom and rest breaks- virtually all time not spent making sales calls was tre
Employee Theft Gives A Lesson In Data Security
Written by: Richard Sheinis, Esq. The Georgia Court of Appeals just issued an opinion in a case that provides a good lesson on the importance of protecting data against employee theft. In Lyman v. Cellchem Int’l, LLC,1 two former employees o
Government Contractors: New Obligations for 2016
Recent Executive Orders and proposed Regulations are creating significant new obligations for many federal government employers in 2016. MINIMUM WAGE INCREASE: Executive Order 13658. Beginning Jan. 1, 2016, the minimum wage for work performed
FMCSA Reduces Random Drug Testing Percentage For 2016
The Federal Motor Carrier Safety Administration [“FMCSA”] issued on December 21, 2015, a drug testing program change, effective January 1, 2016, reducing the requirement for random testing from 50 percent to 25 percent of the average num
Haleigh’s Hope Act Is Georgia’s New Medical Marijuana Law
You can add Georgia to the list of states that have a medical marijuana law. As of April 16, 2015, Haleigh’s Hope Act permits patients suffering from cancer (if the cancer is end stage or the treatment produces related wasting illness, recalci
The FLSA: Is Pre- and Post-shift Work Compensable?
Generally, workers are entitled under the federal Fair Labor Standards Act to be paid for “work time”. Workers do not receive pay or overtime for non-work activities before or after their shift. On December 9, 2014, the Supreme Court issued
Can’t You Hear the Whistle Blowing: Are Your Employees Now Protected Under the Sarbanes-Oxley Whistleblower Provisions?
Is an employee of a privately-held contractor or subcontractor of a public company protected from retaliation under the whistleblower protection of the Sarbanes-Oxley Act? Yes, according to a recent Supreme Court decision. Privately-held employe
New DOL Rules on Same Sex Marriage and the FMLA
Under the current law, legally married couples can apply for emergency leave to care for their partners under the Family and Medical leave Act if they reside in a state where same-sex marriage is legal. The U.S. Department of Labor’s Wage an
Tennessee Employers and Social Media
Tennessee’s new law prohibits employers, including government entities, from requesting or requiring access to the private social networking or online accounts of employees and job applicants. The Employee Online Privacy Act of 2014, signed by
The FMLA and Holidays; Paid or Unpaid?
As we approach July 4th and Labor Day, employers are often asked about how Company approved holidays interact with FMLA leave. DOES THE HOLIDAY COUNT AGAINST THE 12/26 WEEKS TOTAL? An employee is entitled to up to 12 workweeks of FMLA leave for