Employment Law Archives - Page 15 of 17 - Parks Chesin & Walbert
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What Do I Do If I am the Victim of Employment Discrimination?

It is an unfortunate fact of life that sometimes there are problems, even those you can do little or nothing about. At work these issues can relate to things such as our gender, religion, national origin, sexual orientation, and others. Laws have been established to prevent these problems from rearing their ugly heads, but despite these, as everyone knows, they still happen. The question is, what is the most effective method of dealing with them?

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Five Things You Should Always Tell Your Employment Lawyer

If you are hiring a lawyer in connection with an employment lawsuit, there are certain pieces of information that you will automatically know to tell your lawyer (or your lawyer should know to ask for): where you worked, what kinds of actions you were subjected to, what adverse actions were taken against you, etc.  But there is also information that you won’t tell your lawyer, either because you don’t think about it, or you don’t think it relates to the lawsuit you hired the lawyer to help you with.  Here are five things that you should always tell your lawyer.

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First Amendment Protects Act of “Liking” A Facebook Page

More than 36 million Facebook users “like” Barack Obama’s Facebook page.  More than 11 million users “like” Mitt Romney’s Facebook page.  The 2012 elections made clear that social media is the newest front in the war of political campaigns.  Until last week, however, it was unclear to what extent, if at all, the First Amendment protects the act of “liking” a Facebook page.

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When an Employee’s First Amendment Free Speech Can Lead to Termination

machine gun drumThe first amendment rights of public employees are not absolute.  There is a careful balance between the free exercise of speech and the legitimate interests of the government.  High-ranking public officials sometimes cross the line between legitimate political discourse and scary or disruptive assertions. A recent example of some extreme “political” statements in the news was the City of Gilberton, Pennsylvania’s decision to terminate its police chief, Mark Kessler. As reported by CNN and other outlets, Kessler posted a video to the internet of himself firing an assault-style weapon, and then making “anti-liberal” and “pro-gun” statements, topped off with a challenge to the United States Secretary of State to try to “take his guns” away. While Gilberton officials may assert other reasons for their decision, the question of Kessler’s right to make his public statements under the First Amendment to the U.S. Constitution comes to mind.

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Important Georgia Supreme Court Ruling on Insurance Coverage in Claims Arising from Defective Construction

A standard commercial general liability (CGL) policy insures against liability for “bodily injury” or “property damage” arising from an “occurrence,” and subject to certain policy exclusions. Georgia appellate courts have struggled with the question of whether an insured contractor is entitled to coverage for claims arising from the contractor’s faulty workmanship. In July 2013, the Georgia Supreme Court resolved some of that confusion when answering certified questions from the Eleventh Circuit in Taylor Morrison Servs., Inc. v. HDI-Gerling Am. Ins. Co., ___ Ga. ___, 746 S.E.2d 587 (July 12, 2013), but the more lasting legacy of the decision may be in the analytical framework it endorses for such claims:

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When is Retaliation in the Workplace Against the Law?

We get questions all the time about retaliation. Some basic information about retaliation is included here.  “Retaliation” is a loaded term. Its very utterance makes any job action sound illegal. But, in reality, retaliatory terminations must be very specific in order to present a legal claim.READ MORE

Can I Be Fired While On Medical Leave?

Federal Courtroom

One of the more common employment law questions people ask is: “Can I be fired while on medical leave?” The answer to this question is not a simple yes or no; a variety of circumstances have to be taken into account, so let’s try to unravel this a little bit.

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Top Five Mistakes Employers Make When Violating Overtime Laws

clock picIf you work more than 40 hours in a work week, in most cases the Fair Labor Standards Act (FLSA) requires your employer to pay an overtime rate of 1.5 times your regular pay rate. Employers who fail to do this may have to pay fines to the government as well as compensate you for the missed overtime. Many employers try to find creative ways to work around this law, but in many cases these shortcuts are still in violation of the FLSA.READ MORE

Eleventh Circuit Rules for Plaintiffs in FLSA Case

On July 16, 2013, the Eleventh Circuit Court of Appeals handed down an important decision supporting the claims of Plaintiffs who had sued their employer for violating the Fair Labor Standards Act.  The FLSA protects workers from being paid less than the federally mandated minimum wage, and it also mandates additional compensation for overtime work.

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