On January 1, the U.S. Department of Labor’s new mandatory overtime rule went into effect, expanding overtime pay eligibility to up to 1.3 million workers. The new rule raises the salary threshold necessary to exempt executive, administrative, or professional employees from the FLSA’s minimum wage and overtime pay requirements to $35,568. Under the …
With the 2018 mid-term elections in the books, Georgia litigators have two primary takeaways that may affect their practices going forward. First, while Georgia remained a primarily Republican state, there was a noticeable “blue wave” that represents a shift from 2014 and 2016. These outcomes were particularly apparent in North …
In Systems Corp v. Lewis, the US Supreme Court ruled, by a vote of 5-4, that in the context of a wage/hour case under the FLSA, employers can include a clause in employment contracts that require employees to arbitrate their disputes individually and to waive the right to resolve those …
A recent ruling by the U.S. Court of Appeals for the Eleventh Circuit held that that job applicants cannot sue employers for disparate impact under the Age Discrimination in Employment Act. The Court held the disparate impact provision of the federal age discrimination law applies only to a company’s employees, …
Earlier this week, the Georgia Supreme Court in Walker v. Tensor Machine, Ltd. [No.S151222, 2015 WL 7135149 (Ga. Sup. Nov. 16, 2015)] further clarified Georgia’s apportionment statute, a ruling that is favorable to the defense of personal injury actions. In 2005, Georgia’s legislature enacted the apportionment statute, O.C.G.A. § 51-12-33, …
The National Labor Relations Board (NLRB), in its quest to significantly expand the definition of “employer,” handed down a recent decision striking down three decades of legal precedent. For 30 years, the NLRB has taken the position that a joint employer must “share or co-determine those matters governing essential terms …