Georgia Employment Legal Questions

As long as (1) you don't have a contract providing otherwise; and (2) the payment for the tool would not bring your total wages for the week to an hourly rate of less than the minimum wage ($7.25/hour) for 40 hours of work, the employer can impose such a condition. I would guess (based on past experience with employers) that such an employer may have other problems --such as failing to pay you overtime pay for the time you work in excess of 40 hours in a 7 day work week. If that is the case, you may have a wage-hour issue, and, assuming the employer collects at least $500,000.00 per year in business, you could sue for that.   Michael A. Caldwell 404-979-3154... Read More

The Equal Pay Act only applies to cases where the employer pays you less than an employee with the same job and job duties that you perform, and the reason for paying you less is because of your gender. thus the higher paid employee has to be the opposite from your gender. The facts that you provide could indicate a breach of contract, possibly, but they don't reveal an Equal Pay Act case.    Michael A. Caldwell... Read More

The question is whether you have proof that he lied on his employment application. If you asked the correct questions about his prior experience, training etc., and he lied in response, you should win the unemployment case since this would be considered wilful misconduct. If you didn't ask the questions correctly, or if you asked the wrong questions, then they may conclude that he did the best he could do but his poor performance was not willful. If that is the finding, he collects and you lose.  It's all in the questions that you ask. Michael A. Caldwell 404-979-3154  ... Read More

It is legal (even if not wise) for an employer to put an applicant to work before the applicant has completed an application. If you work at all, your employer must pay you or violate teh Fair Labor Standards Act. There are no state or federal laws in Georgia requiring breaks.    Michael Caldwell... Read More

From a strictly legal vantage point, you face little liability. From an employee relations vantage point your liability could be quite high. Since you have less than 15 employees you are not covered by any federal ati-discrimination laws such as the ADA or the ADAAA. Since you ahve less than 50 employees you have no liabilty under the Family Medical Leave Act, regardless of your decision. While you are not likely to suffer any legal liability from any dcecision you make regarding the employee, your decision could result in significant "costs"  in terms of your relationship with your employees. In employee relations cases the employees' perceptions about your fairness, consideration, and loyalty to employees is just as (or even more) important as the reality. If the employees perceive that you are uncaring, high handed, capricious, or utterly insensitive to the needs of fellow employees they may react in negative ways that will have definite adverse impacts upon your bottom line, and even open you to unionization or protected concerted activities by employees. if you know about the mental health issues the employee is facing with his/her spouse, chances are the other employees know a lot more about it than you do.If they identify their issues with their fellow employee, that means that they will see any adverse action you take against the employee in a negative light. This tends to alienate employees from management and the company. Alienation leads to loss of productivity, lower profits and lowered morale. It even could lead to unionization if the employee is popular with his or her co-workers. Your best bet is to be as flexible as you can with the employee's working conditions such as, for example, by allowing the employee to work to make up for any times when they need to be out. You might need to transfer the employee to another position where her absences won't create as much of a hardship for fellow employees or the company. But making adjustments to help an employee through a rough period can pay you dividends later.   It's not enough to be legally correct. You must be regarded in your employees' eyes as morally right too. Your employees' loyalty and trust is the most important resource that you have. Don't squander it needlessly on rigid formalisms.... Read More

Since Georgia follows the "employment at will" rule, there is nothing you can do unless you have evidence that shows that the employer laid you off for a reason prohibited under federal law (race,cilor, creed, religion,  gender, disability (if you are both qualified and disabled), age (if you are at least 40 at the time of the decision). If you have such evidence you can file a charge of unlawful discrimination (provided your employer has at least 15 employees for everything other than an age discrimination case (which requires at least 20 employees working for the employer) with the EEOC. Michael A. Caldwell 404-979-3154  ... Read More

The FLSA covers persons employed in domestic service in households.Nurses, certified nurse aides, home health care aides, and other individuals providing home health care services fall within the term "domestic service employment." An employee who performs companionship services in the employer's private home is exempt from the FLSA's minimum wage and overtime requirements if all criteria of the exemption are met. "Companionship services" means services for the care, fellowship and protection of persons whose advanced age or physical or mental infirmity makes them unable to care for themselves.This includes household work for aged or infirm persons including meal preparation, bed making, clothes washing and other similar personal services. It also includes general household work, as long as it does not exceed 20 percent of the total weekly hours that the companion works. Where you exceed this 20 percent limitation, you must pay the employee for all hours in compliance with the FLSA's minimum wage and overtime requirements. "Companionship services" does not include services that trained personnel such as registered or practical nurses perform. Registered nurses are exempt from the FLSA's wage requirements if their time is spent in the performance of the duties of a nurse and are paid on a salary or a "fee basis" as defined by DOL Regulations, 29 CFR Part 541. Individuals other than trained personnel (such as nurses) who attend to invalids who are infants and young children are considered companions, rather than babysitters, and their status may thus fall within the companion exemption to minimum wage and overtime reuirements Covered domestic service employees who reside in the household where they are employed are entitled to the minimum wage but may be exempt from the Act's overtime requirements. The DOL Rule is will change in January of 2015. It recently revised its regulations defining companionship services so that many direct care workers, such as certified nursing assistants, home health aides, personal care aides, and other caregivers will be protected by the FLSA. It also revised the regulations concerning live-in domestic service workers, effective January 1, 2015. The DOL's Final Rule makes two significant changes: (1) the tasks that comprise exempt "companionship services" are more narrowly defined; and (2) the exemptions for companionship services and live-in domestic service employees may only be claimed by the individual, family, or household using the services rather than third party employers such as home health care agencies. The Final Rule also revises the recordkeeping requirements for employers of live-in domestic service employees. A final piece of advice: make sure you have all of your required Department of Labor posters up on the bulletin boards where employees will be able to see them. That is the first place that the investigator will look for violations.  Michael A. Caldwell 404-979-3154dssd... Read More

You should either 1) Hire an attorney or 2) be prepared to pay the $675 fine and have it stay on your record. I know of no one that can help you, other than an attorney. I do not know what state you are in, but if you are in GA, you were not unjustly discharged. Employers can discharge for anything, even mere suspicion, in most states.... Read More

Either find a way to get along, or find another job. If you do not, you will find yourself unemployed. It is easier to find a job when you have a job. Not all harassment is illegal. If this harassment is not motivated by race, age, sex, religion, handicap, or national origin, it is completely legal, and you have no legal remedy. What you see as harassment may simply be another person's management style.... Read More

Georgia is an employment at will state. In Georgia no person has a right to work for another person. No person has a right to a job. It is the employer's choice whether he wants to hire or retain an employee. And he can place whatever lawful conditions he wishes upon his decision to hire or keep you employed. It is your choice as the employee whether you want to continue working for an employer, including one that adopts a "zero tolerance" policy on illegal drug use. The fact that the employer's drug policy crimps your lifestyle choices outside of work does not make the time outside of work compensable under either federal or state law. You are only paid for time that you work. Not for time you spend in a pot-induced daze outside of work. The fact that the employer's policy inhibits your freedom to partake does not make the time compensable under the wage hour laws. If you partake in marijuana while Colorado, you may not be violating Colorado law but you are violating federal law. There is no "legal limit" for THC metabolites in your bodily fluids. Some individuals are more susceptible to impairment on small amounts than others. Thus employers adopt "zero tolerance" policies. If you choose partake in drug use in Colorado and return to Georgia and are found with THC metabolites in your bodily fluids the employer has every right (and indeed under the Georgia Drug Free Workplace law he is encouraged) to fire you.  My advice: Grow up and take responsibility for yourself rather than allowing your brains and your future to dissolve in a haze of marijuana smoke.   Michael A. Caldwell  ... Read More

the question is whether, on the day when you went out on leave, had you worked at least 1250 hours in the previous 12 months? If so you are covered by the Family Medical Leave Act.   In that case your right to take protected leave for 12 work weeks is secured. They then would bear the burden of proving that they did not fire you to interfere with your right to take protected leave. They would have to show that even if you had not taken any leave your job would have been eliminated in the restructuring. If they couldn't prove this, their "restructuring" would not be a defense.   As far as unemployment goes, if you were available to work when you apply, and you lost your job due to no willful misbehavior on your part, you should qualify for benefits. Michael A. Caldwell 404-979-3154... Read More

I would advise you to tell your employer this same story immediately and ask to be administered another test.  Tell them precisely what you had (no matter how embarrassing).  It is up to the employer whether the employer wants to accept this.  I understand that you took a pre-employment drug test (and hopefully passed it), so there shouldn't be much of a question fo whether you were trying to cover up recent drug use.  As far as rights go, the employer doesn't need a reason for rejecting you or for terminating you if you are considered already hired. The rule in Georgia is that everybody is employed at will. ... Read More

I assume this is an on the job injury. You likely seeing the company doctor, which you are required to do. He works for the company, not for you. So there is likely nothing you can do about what this doctor did. However, you may see another doctor, if you go through the right steps. Go see an attorney that handles w.comp cases. Their fees are often paid by the employer, and this is not something you should do alone.... Read More

Under federal and state law, an employee only is entitled to be paid for the time the employee actually works, unless the employee has a contract that provides otherwise. Thus it appears that your employer actually paid you for one week where you didn't actually work. You're still ahead of the employer. Be grateful.   Michael A. Caldwell... Read More

Since the rule in Georgia is that everyone is employed at will, no employee has any entitlement to a job unless they have a written contract that establishes the entitlement. Thus the answer is NO. You are not entitled to a job with your former employer who is allowed to choose whomever she pleases as long as the reason for her choice is not an unlawful one.   Michael A. Caldwell... Read More

I know of no law that governs this. If there is no law, you have not asked a question based on legal advice. You failed to state what type of test. If the test is being administered by a state agency, they may have a law or rule. If not, I know of no reason why you are required to do as you are told.... Read More

Without knowing the extent or nature of your injury or condition, I cannot advise you on this other than to say that if you are not satisfied with teh doctor's advice you should find a new doctor and make sure that doctor understands your job requirements.  Many Department have light duty work assignments that do not require an officer to carry a weapon or drive. However most of these are limited to employees who have received job-related injuries, and most do not last as long as one year.    Michael A. Caldwell... Read More