Georgia News & Analysis

  • New COVID-19 law requires paid sick, family leave

    On March 18, President Donald Trump signed into law the Families First Coronavirus Response Act, which passed the Senate with a bipartisan vote of 90-8 earlier that day. The new law requires covered employers to provide emergency paid sick leave and emergency paid leave under the Family and Medical Leave Act (FMLA) until December 31, 2020. Some of the key requirements are summarized below.

  • Vanilla Ice as lawyer: Stop, arbitrate, and (hand) sign

    Employers' use of arbitration provisions has been a relatively hot topic, with the U.S. Supreme Court ruling just last year that an ambiguous arbitration agreement may not serve as the basis for compelling classwide arbitration. But in a recent federal case from the U.S. District Court from the Southern District of Mississippi, the parties (and court) took it back to the basics, analyzing whether there was ever an agreement to arbitrate in the first place. There are lessons to be learned from the court's decision. Check it out!

  • Tackle coronavirus fears with practical, legal knowledge

    With news of spreading disease, travel restrictions and bans, and quarantines dominating the news, it's no surprise that employees have questions about the coronavirus/COVID-19 and whether they risk exposure at work. So, an understanding of how to respond is critical. The issues fall into two basic categories: practical considerations and how an employer can be legally compliant while keeping employees safe.

  • Return to common sense: DOL publishes new joint employer regulations

    On January 16, 2020, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) published a new final rule on joint employer status under the Fair Labor Standards Act (FLSA) in the Federal Register, effective March 15. If two companies are joint employers of an employee, they are jointly and severally liable for compliance and damages under the FLSA.

  • Healthcare providers urged to plan for the worst as coronavirus spreads

    As the number of novel coronavirus (COVID-19) cases continues to grow in the United States, healthcare employers are urged to review and update their policies and procedures relating to public health emergencies and infectious disease outbreaks. Providers should be prepared to execute protocols if a suspected or confirmed case is identified within their organization or community. Read on to learn about precautions providers can take now to prepare.

  • Can a corporate entity be the victim of race discrimination? 5th Circuit says yes

    A recent decision from the U.S. 5th Circuit Court of Appeals (whose rulings apply to Louisiana and Mississippi employers) clarifies that corporate entities have standing (i.e., the authority or right) to bring claims for race discrimination. Let's take a look at how the case arose.

  • Self-audit hurts employer in FLSA lawsuit

    Sometimes, trying to fix a wrong just causes an employer to dig a deeper hole. Or the mistake is fixed only partially. In the following case, an employer's self-audit of its pay practices resulted in correcting an error but landing the company in even deeper trouble.

  • Cutting-Edge HR

    Fighting labor shortage with charter buses. With the unemployment rate hitting historic lows, many employers are struggling to find workers. Package delivery giant FedEx is fighting the problem by turning to chartering buses to bring people in from areas with available workers. The Wall Street Journal featured FedExs program in an article that explains how the company buses workers to its Memphis, Tennessee, hub from areas hours away in Mississippi. The workers earn starting wages of $13.26 an hour, better wages than are available in their home area, where manufacturing jobs have been lost. The busing program runs year-round and was nearing its first anniversary when the article was published.

  • ACA wends its way back to the Supreme Court

    he U.S. Supreme Court has agreed to hear oral arguments on religious exemptions to the Affordable Care Act's (ACA) requirement that employers cover birth control in their healthcare plans. Sixteen attorneys general filed an amicus (friend-of-the-court) brief with the Court in which they argued that forcing companies with religious objections to birth control to pay for it violates the Religious Freedom Restoration Act (RFRA).

  • Is 'OK, Boomer' age discrimination? Supreme Court might tell us

    Life may be a meme—or at least it may seem that way sometimes, especially after a meme embodying intergenerational conflict recently worked its way into arguments in an age discrimination case before the highest court in the land. At oral arguments in Babb v. Wilkie, Chief Justice John Roberts asked one of the advocates if using the phrase "OK, Boomer" during the hiring process was age discrimination.