Employment Law Blogs | Barrett & Farahany

Helping employees find justice nationwide with offices in Illinois, Georgia, North Carolina, Tennessee, Missouri, and Alabama.

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Illustration of employee with COVID-19 at work and safety measures
11Jun

What to Do if You Were Exposed to The Coronavirus on The Job

Many states are now beginning to reopen businesses that were shut down due to the COVID-19 pandemic. What to do if you were exposed to the coronavirus on the job. People resuming work will understandably question the safety of this decision for themselves as well as their colleagues.

Executive team meeting discussing workplace policies from top view
05Jun

S.T.A.R.T. the Change You Want to See at Work

The recent protests about police brutality and systemic racism illustrate how understandably emotional these topics are for all of us. With so much unrest over current events, these topics are very likely to find their way into the workplace. At Barrett & Farahany, our mission has always been, and continues to be, positive societal change. We are more concerned than ever for workers and what they may face in their workplaces in the coming days. We want to be certain that employees understand their rights during these volatile times, and we also want to continue to offer guidance on how to deal with workplace concerns in a way that promotes positive change, invokes legal protection, and preserves that protection.

Illustration of workplace discrimination legal services
01Jun

What Are Some of The Most Common Types of Workplace Discrimination?

Employment discrimination may include biased actions of the employer in preferential hiring, job assignment, promotion, wrongful termination, retaliation, compensation, and various forms of harassment. What are some of the most common types of workplace discrimination?

Empty meeting or conference room with white tables and chairs
29May

What to Look for as You Return to Work in the Time of Covid-19

As more companies call their employees back to work, many people want to know that it’s safe to return as COVID-19 continues to spread. It seems that guidance from the government for a safe return to work changes frequently. The CDC and OSHA have updated their guidance for employers, and it is a …

Elbert P. Tuttle U.S. Court of Appeals Building in Atlanta Georgia
22May

Is There A Danger of Courts Acting as Jurors?

A question many scholars have been asking in recent years is whether judges have put themselves in the place of jurors, violating the Constitutional right to a jury. This has clearly been demonstrated in an age discrimination case I recently handled.

Barista wearing face mask and protective gear reopening business after COVID shutdown
22May

Childcare Issues & Returning to Work: Does the FFCRA Still Apply?

As if there wasn’t enough confusion around the Families First Coronavirus Response Act (FFCRA) during the COVID-19 quarantines, employees may further confused about where they stand as their places of employment reopen. We’ve put together a series of questions and answers to help employee understand their rights as they are called to return to work.

Woman in wheelchair working on laptop at accessible workspace
19May

More on ADA Protections in the COVID-19 Workplace

Though returning to work may be the only option for most as the country reopens, employees with existing physical or mental disabilities and medical conditions do have other options. These employees can request reasonable accommodations under the Americans with Disabilities Act (ADA), and the ADA provides job protection for such requests. Employers cannot legally fire, cut hours, or cut pay as a response to a reasonable accommodation request.

Young employee expressing confidence and positive workplace environment
13May

No Job Protection for Older Workers Still Under Quarantine? Seriously, Georgia?

The Governor’s April 30th Executive Order extended quarantine for high-risk individuals through June 12, 2020. It’s commendable that there is concern for the health of high-risk Georgia residents, but where is the concern for their jobs?

Credit card used for business or financial transactions in employment context
12May

Is Bankruptcy the Right Move for You?

We have heard from clients who are experiencing financial difficulties because of the economic impact of COVID-19 quarantines and business closings. Hardworking people are suddenly finding themselves without a job and without the ability to pay their mortgages, car notes, and other obligations.

Business professional working on computer in office setting
08May

COVID-19 May Trigger Accommodations for Employees with Disabilities

The Equal Employment Opportunity Commission (EEOC) has issued new guidelines around COVID-19 for employers to follow. The revised guidelines explain how the Americans with Disabilities Act (ADA) applies in situations when an employer knows a returning employee has an underlying medical condition that puts them at higher risk of COVID-19, but the employee doesn’t ask for an accommodation.

Woman participating in video call from office or home workspace
07May

Should Companies Face Civil Liability if Workers or Customers Contract COVID-19?

In a sign that COVID-19 continues to be politicized, the question of whether companies should be held liable if employees or customers contract the virus on their property has resulted in two polls – that show opposite results.

People wearing masks in a community support setting during COVID-19 crisis.
06May

How to Help Your Community During The COVID-19 Crisis

The people of Alabama are committed to helping the vulnerable segments of the population during the Covid-19 pandemic. How to help your community during the COVID-19 crisis. Many individuals and groups in the state are also coming together to support healthcare workers as well as struggling local businesses in a variety of ways. If you are in a position to help, Alabama offers numerous opportunities to extend your support and put your money or energy to direct use.

Woman wearing face mask at workplace for COVID-19 safety
04May

President Urges Return to Business; Employees Should Maintain Vigilance to Protect Themselves – Here’s Why

As President Trump urges states and companies to go back to work and cheers on protesters demanding a reopening of the economy, his administration is privately predicting a deeply worsening spread of COVID-19 and subsequent deaths.

COVID-19 virus illustration related to workplace safety
27Apr

Coronavirus Discrimination Concerns in The Workplace

The Covid-19 pandemic has not only disrupted businesses, caused millions of job losses, and forced many employees to work from home, but it has also created unique workplace concerns related to employee discrimination. Coronavirus discrimination concerns in the workplace. Many employees are wondering whether their employer is discriminating by asking them to take a reduced pay or laying them off.

Modern office buildings representing business and employment law context
25Apr

Preparing for Georgia’s Businesses to Reopen

In the interest of helping people prepare for Georgia’s businesses to reopen, we’ve put together some questions and answers we hope will be informative and educational for employees.

Graphic showing steps to take if you get COVID-19 at workplace
25Apr

Am I an Employee or an Independent Contractor?

Business owners in Alabama, as well as anywhere else, are usually under pressure to reduce costs and maximize profits. Am I an employee or an independent contractor? Unfortunately, some employers choose to decrease expenses by inappropriately classifying their employees as independent contractors or salaried employees.

Business strategy concept with light bulb and chalk circles on blackboard.
16Apr

What the Paycheck Protection Program Means for Employers and Employees

Barrett & Farahany managing partner Amanda Farahany and employment defense attorney Todd Stanton have once again joined forces to bring both employers and employees important information about pandemic relief laws. This time, their collaborative article for Fulton County Daily Report sheds light on what the new Payroll Protection Plan means for everyone.

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09Apr

Further Clarification of the FFCRA for Employees

The Department of Labor has issued further clarification on the Families First Coronavirus Response Act (FFCRA for short – see our previous blogs with explanations about the FFCRA and a breakdown of the DOL’s initial clarifications). We’ve boiled down the additional questions and answers here, both to help employees know their rights under these new laws and to help them know when to call one of our attorney for help.

Employee working from home during COVID-19 pandemic
07Apr

Important COVID-19 Work-from-Home Legal Issues

The coronavirus (COVID-19) pandemic has led to a situation where a large number of employers are encouraging employees to work from the safety of their homes, provided the nature of the job allows for working remotely. Important COVID-19 Work-from-Home legal issues.

COVID-19 stay at home road sign during pandemic restrictions
03Apr

April 3rd Shelter in Place Order – What’s Changed?

As of 6PM tonight, April 3rd, Governor Kemp has issued a new Shelter in Place order that supersedes his March 23rd Shelter in Place order and all local orders that were previously in place. Although the new order imposes misdemeanor charges on violators, it’s remarkable that it has substantially fewer restrictions than orders that were in place in metro areas like the city of Atlanta.

Screenshot of workplace legal guidance article dated April 2020
01Apr

Families First Coronavirus Response Act goes into effect today, April 1, 2020 – what does it mean for employees?

The Families First Coronavirus Response Act (FFCRA) goes into effect today. We’ve compiled some questions and answers that the Department of Labor has addressed, and we’ve boiled them down so you know what your rights are and what steps you can take to protect yourself and your family during the pandemic.

Workplace discrimination concept showing unequal treatment
25Mar

What Is the Time Limit for Filing an Employment Discrimination Claim in Alabama?

A precursor to filing a discrimination case in court is the state administrative agency to accept charges of discrimination. What is the time limit for filing an employment discrimination claim in Alabama? But Alabama does not have this regulatory agency, unlike a majority of other states. To be able to file a discrimination claim in Alabama, the petitioner will need to file a sworn charge of discrimination with their local EEOC (Equal Employment Opportunity Commission) office.

Woman employee holding tablet reviewing work documents
18Mar

Help for Employees Affected by Coronavirus/COVID-19!

Through December 31st, 2020, the FFCRA will do 2 main things for employees: Emergency Paid Sick Leave and Expansion of Family Medical Leave Act.

Employee submitting paperwork or documents at work
11Mar

We did it! HB 1121 is up for a vote on March 12!

Your calls and emails helped us get Sexual Harassment Bill HB 1121 to committee on March 10th and now to a vote on March 12th – the support for this bill has been AMAZING!

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