New EEOC Procedure Suggests Caution In Drafting Position Statements
By Don Benson and Sean Cox The EEOC implements new nation-wide procedures providing that all Charging Parties will be provided a copy of the respondent employer’s statement during the course of the investigation, not just after the inve
Eleventh Circuit Clarifies Standard for Mixed-Motive Discrimination Cases.
Written by: Don Benson and Phil Friduss On February 22, 2016, the Eleventh Circuit Court of Appeals clarified the standard to be used in considering motions for summary judgment in allegations of mixed motive discrimination based on circumsta
New OSHA Rule On Respirable Crystalline Silica will Affect Construction Employers.
Written By: Don Benson and Crighton Allen OSHA is proposing a new construction standard to protect workers from exposure to respirable crystalline silica. The proposed Regulation has been forwarded by OSHA to the Office of Management and Budg
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