What Constitutes Wrongful Termination in the State of Georgia?

June 30, 2016 | Charles Bowen

When an employee has been fired from his or her job, they may be under the impression that they have been subject to wrongful termination. But there is a significant amount of misunderstanding within this legal area, and so if your business has been accused of wrongful termination, it is important to work with a legal professional to determine the parameters of a wrongful termination lawsuit.

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Topics: Georgia Employment Law

Does Georgia Employment Law Require Gender Neutral Bathrooms?

June 7, 2016 | Charles Bowen

The controversy surrounding the use of gender-neutral bathrooms in schools has been widely publicized in recent months, as schools in several states have challenged the federal directive to provide gender-neutral bathrooms to their students.

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Topics: Georgia Employment Law

What Employers Need to Know About the Garnishment Law Ruling

November 30, 2015 | Charles Bowen

There has been a great deal of confusion and uncertainty among employers throughout the state when it comes to wage garnishments since September 8, when U.S. District Court Judge Marvin Shoob declared Georgia’s garnishment statute unconstitutional. As an employer, you may be wondering if this should change how you currently respond to wage garnishment orders. The short answer is no, and here’s why.

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Topics: Georgia Employment Law

Georgia Employment Law - Employee versus Independent Contractor

April 30, 2015 | Charles Bowen

Question:

How does Georgia Employment Law dictate whether workers should be classified as employees or independent contractors?

Answer:

With tax money on the line, the Georgia Department of Labor and IRS pay close attention to the classification of workers. There are several considerations which must be met in order to establish independent contractor status in Georgia.

Labeled human resources, talent, assets or any number of other titles, people are often the most valuable part of any business or organization. The performance and management of workers is critical to overall success. There are two primary classifications of worker:

  • Employee (part-time or full-time)

  • Independent Contractor (IC)

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Topics: Georgia Employment Law

Does the ADA or FMLA Protect Alcoholic Commercial Drivers?

March 9, 2015 | Charles Bowen

Answer: No

The Americans with Disabilities Act (ADA) and Family Medical Leave Act (FMLA) both provide protections for employees to help ensure fair treatment when burdened with conditions outside of their control. Though employers must abide by these Acts, they must also consider their own liability when it comes to the actions of their employees. Employers have a duty and responsibility to do what is best for all stakeholders, including the general public. A recent case in Georgia, Sakari Jarvela v. Crete Carrier Corporation, addressed this issue when a diagnosed alcoholic over-the-road commercial motor vehicle driver was terminated from his position after six and a half years of employment.

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Topics: Georgia Manufacturing Law, Georgia Employment Law, Georgia Entertainment Law

Can an Employer Run Credit Checks on Prospective Employees in Georgia?

February 12, 2015 | Charles Bowen

According to a 2012 survey, nearly half of employers in America run credit checks on potential employees when considering them for an open position. The fairness and legality of this practice has often been questioned and is considered by some a barrier to employment, particularly to those of lower socioeconomic status. A new bill pending in Georgia may prevent employers from conducting credit checks as part of the hiring process. Here is what you need to know:

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Topics: Georgia Employment Law

Like Pulling Teeth - Orthodontics Practice Tries to Speed Up Obamacare

December 15, 2014 | Charles Bowen

THE QUESTION:

Can an employer file a lawsuit in order to force the federal government to immediately enforce the employer mandate in the Affordable Care Act?

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Topics: Georgia Employment Law

Georgia Employment Law and the Hiring of Convicted Felons

November 3, 2014 | Charles Bowen

The Question

Does hiring someone who has been previously convicted of a felony expose an employer to greater liability?

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Topics: Georgia Employment Law

Employment Law Problems Galore at Amy’s Baking Company

July 23, 2013 | Charles Bowen

A recent episode of the popular Fox television show “Kitchen Nightmares” went viral and shocked viewers across the country. Clips showing the owners, Amy and Samy Bouzaglo, verbally abusing staff members, physically assaulting patrons and generally coming unhinged, certainly made for great TV but it was also an excellent case study in labor law violations.

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Topics: Georgia Employment Law

2013 Employment Law Changes

March 12, 2013 | Charles Bowen

US_Dept_of_LaborEvery year brings with it some important new legislation for employers to negotiate. Whether related to employment tribunals, employee-shareholder contracts, family-friendly rights, payroll or criminal record checks, 2013 presents new legislation relevant to organizations both large and small.

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Topics: Georgia Employment Law