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Employment Law

Prompt wage payment required—Including actually having money in the bank

09/01/2007

Employers must pay their employees on payday—and make sure the money is in the bank. Otherwise, they risk liability for double the amount due as liquidated damages under the Fair Labor Standards Act …

Noncompete clause must be very specific or it may be invalid

09/01/2007

Employers who want to preserve their competitive advantage often require employees or contractors to sign noncompete agreements. But Georgia agreements must be very specific, detailing exactly what type of employment is prohibited. If the agreement is too broad, a judge may toss it out …

Judge reverses decision after Labor Dept. issues opinion letter

09/01/2007

A federal judge has overturned his earlier decision in a Fair Labor Standards Act case involving several women who had been hired to sell houses in a new subdivision. The women claimed Brayson Homes owed them overtime and minimum wages …

Ball Aerospace picks up $593,092 lunch tab for nonexempt employees

09/01/2007

Ball Aerospace and Technologies will pay $976,327 to 904 employees in Colorado, New Mexico, Ohio, Georgia and the District of Columbia for unpaid wages. Ball, a Broomfield, CO-based aerospace defense contractor, operates a facility in the city of Warner Robins supporting Robins Air Force Base …

Georgia ‘Donning and doffing’ case headed to high court?

09/01/2007

You may remember that the U.S. Supreme Court decided a donning and doffing case about a year ago. That might have been the end of the matter. But nothing is simple when it comes to employment law. Recently, a three-judge panel of the 11th Circuit Court of Appeals ruled that workers cannot demand pay for time spent donning and doffing their uniforms in most circumstances …

Limited right to terminate employees whose wages are garnished

09/01/2007

Q. Every time we turn around, a certain employee is having his wages garnished. We’re sick and tired of the added paperwork and are ready to terminate his employment. Is this a valid reason? …

Georgia law protects employees’ right to ‘Day of rest’

09/01/2007

Q. We recently began operating our Georgia production facilities seven days a week. I am familiar with our obligations under Title VII to accommodate the sincerely held religious beliefs of employees, but does Georgia law impose any similar requirements? …

Do workers read policy changes? Collect proof the right way

09/01/2007

Suppose your organization decides to alter its retirement plan. You shoot out an e-mail about the change, but fail to secure written proof that employees have read and understand the modifications. Three months later, an employee retires based on promises made in the old retirement plan, resulting in lost pension dollars. He sues, saying he never got wind of the retirement-plan change. This true story occurs surprisingly often in U.S. workplaces …

Can you prove that you posted FMLA notice ‘Conspicuously’?

09/01/2007

Employers must post a copy of the approved federal FMLA poster “conspicuously” in the workplace. Neglecting to do so opens the door for lawsuits if you discipline employees for absences that would have been covered by FMLA. Those employees may claim they didn’t ask for FMLA leave because they weren’t familiar with the law …

Customer complaint can be basis for discipline

09/01/2007

Employers can’t cater to every customer’s whim, but they can respond to complaints about employee behavior without worrying that a judge will second-guess their decision …