Atlanta Employment & Overtime Attorneys

Wage & hour violations occur when an employer fails to properly pay employees time and one-half for all hours over 40 hours in a given workweek in violation of the Fair Labor Standards Act (FLSA). Typical violations under the FLSA include the failure to pay hourly workers for all hours worked, the misclassification of salaried employees as exempt, and the misclassification of workers as independent contractors instead of employees. Another typical violation includes when a restaurant illegally takes a portion of a server’s tips, requires them to participate in an invalid tip pool, or deducts an improper amount for credit card fees. The FLSA includes an anti-retaliation provision that makes it illegal for an employer to retaliate against an employee for complaining about FLSA violations. Learn more about the FLSA on the firm’s Wage & Hour Overview.

Employers are prohibited from making employment decisions on the basis of the protected categories identified in Title VII of the Civil Rights Act and the Age Discrimination in Employment Act. It is illegal for an employer to discriminate against an applicant or employee on the basis of that individual’s race, religion, gender, sexual orientation, or gender identity under Title VII. Pursuant to the ADEA, it is illegal for an employer to discriminate against an individual on the basis of age. Additionally, pursuant to both Title VII and the ADEA, it is illegal for an employer to retaliate against an individual on the basis of that individual’s complaint about violations of Title VII or the ADEA. The prohibition against discrimination on the basis of sex under Title VII includes pregnancy discrimination. This means that an employer may not base an employment decision the basis of an applicant’s or employee’s pregnancy. Learn more about employment discrimination on the firm’s Employment Law Overview.

There are two laws that prohibit discrimination in pay. These two laws are the Equal Pay Act (EPA) and Title VII of the Civil Rights Act. The EPA requires that men and women in the same workforce be given equal pay for equal work. Title VII also prohibits discrimination in the form of pay on the basis of not only sex, but also race, gender, religion, sexual orientation, or gender identity. Learn more about Equal Pay Laws.

Disability discrimination under the Americans with Disabilities Act (ADA) (including the Amendments Act) encompasses discrimination on the basis of an applicant’s or employee’s disability, perceived disability, or record of disability. Additionally, the ADA requires employers to provide individuals with disabilities reasonable accommodations to access or participate in the application process or to assist them in performing the essential functions of their job. Reasonable accommodations under the ADA include flexible work schedules, permitting time off for doctor’s appointments, accessible parking, permitting short breaks throughout the day, etc. The ADA requires employers to participate in an interactive process with the employee to determine what reasonable accommodation would permit the employee with a disability to perform the essential functions of their position. Learn more about the ADA, reasonable accommodations, and disability discrimination and retaliation.

The Family Medical Leave Act (FMLA) requires employers to provide qualifying employees with up to 12 weeks of leave each calendar year. The FMLA permits a qualified employee to take the medical leave intermittently or consecutively. The FMLA permits leave for an employee’s serious health condition, to care for a family member’s serious health condition, or to care for a new born baby, newly adopted child, or a child placed with the employee through a foster care program. The FMLA makes it illegal for an employer to fail to provide this leave to a qualifying employee or fail to return the employee to their position or similar position upon return from FMLA leave. The FMLA also prohibits employers from retaliating against workers for requesting or taking FMLA leave. Learn more about the FMLA.

Title VII of the Civil Rights Act prohibits sexual harassment in the workplace. There are two types of illegal sexual harassment in violation of Title VII. First, Title VII prohibits a hostile/harassing work environment. This includes offensive comments, jokes, discussions, actions, touching, etc. Sexual harassment includes harassment directed towards one’s gender, gender identity, or sexual orientation. Second, Title VII prohibits quid pro quo sexual harassment which is a demand for sexual actions in exchange for a favorable treatment, e.g., offer of a promotion in exchange for sex. Title VII also prohibits retaliation against an employee on the basis of the employee’s sexual harassment complaint. Learn more about Sexual Harassment.

Wrongful termination occurs when an employer terminates an employee in violation of one of the federal employment laws. Examples of employment law wrongful termination include when an employer terminates an employee on the basis of race, gender, age, disability, for taking FMLA leave, etc. FLSA wrongful termination/whistleblower occurs when an employer terminates an employee for complaining about company violations of federal employment and wage & hour laws.

For more information about the firm’s representation of a select number of small businesses see the firm’s Small Business Laws Overview and Georgia In-House Counsel. Martin & Martin can develop a real world gameplan to protect your small business while constantly ensuring that your hourly rates and retainer fees remain reasonable.