Meet the Barrett and Farahany Team
Meet Linda Petmecky!
Linda joined Barrett & Farahany, LLP as an Administrative Assistant in 2010 and is now a Litigation Paralegal. Linda was born and raised in Atlanta and graduated from Emory University with a degree in Economics. She has four kids who share a great enthusiasm for SEC football…
This Week in Employment Law
Here’s some of what happened this week in the employment law world!
Pregnancy Discrimination, Special Delivery – Pregnancy Discrimination is a hot topic in employment law news today. Now SCOTUS will hear Young v. United Parcel Service this December after Judge Alisson Duncan found no evidence o…
Pregnancy Discrimination and Light Duty
Being pregnant is difficult, occasionally frustrating work! One of the frustrations that comes with being pregnant is the physical limitations such pregnancy imposes. For instance, doctors often order pregnant women to not lift anything over a certain number of pounds. What can you do if your job…
Oakland Raiders Agree to Pay Their Raiderettes
Fall is here, bringing cooler temperatures and the start of football season. Cheerleaders, who traditionally yell for their teams on the sidelines, have now started to speak out against their employers for committing illegal wage theft in courtrooms around the country. Last week, the Oakland Raid…
A Victory for the Employee Thanks to the Fair Pay and Safe Workplaces Executive Order
Employees had a victory this week over employers who are forcing employees to give up their 7thAmendment right to a jury trial. Many employers are requiring employees to give up this Constitutional right, just to be able to have a job, and requiring arbitrators – lawyers paid by the company – to…
LGBT Community Gains Ground on the Employment Equality Front
President Obama made headlines when he enacted an executive order last Monday (7/21) making it illegal for federal contractors to discriminate on the basis of sexual orientation or gender identity in hiring. This executive order is one modifying Executive Order 11246, signed by President Lyndon B…
Women Penalized for Promoting Women – Another Victory for the White Man
Is promoting equality a liability for the workplace? According to one University of Colorado study, unless you’re a white man, the answer to that question is “yes.”
David Hekman, an author of the study and assistant professor of management at University of Colorado’s Leeds School of Business, ha…
What’s hot in the Employment Law world? Check out the articles below!
Pregnancy Discrimination: For the first time in 30 years, effective immediately, the Equal Employment Opportunity Commission issued new guidance on how employers must treat and accommodate their pregnant employees, this includes dads! Click below see what all the hype is about! The Guidance | …
The Work/Life Balance – Are There Employment Laws That Protect It?
For any working parent, it’s hard to maintain the coveted work/life balance. It doesn’t matter if you manage a fast food restaurant or a multi-billion dollar corporation – the ability to fit everything you need to in a 24-hour day is harder than ever before.
The majority of companies don’t make …
Gender Discrimination and Sexism in the Technology Industry
Old-School Sexism in a High-Tech Industry
Leaders like Marissa Mayer of Yahoo! and Sheryl Sandberg of Facebook have made an incredible impact on the high-tech industry and are admired for their accomplishments by men and women alike.
Yet, their positions in the industries are the exception. Sex…
Can You Exchange Overtime for Comp Time?
You’ve been working hard on a project for your company, putting in 48 hours instead of the standard 40-hour workweek.
To thank you, your manager gives you a day off in comp time the following week so you can spend time with your family. While the act appears to be one of generosity, in fact, it …
Discrimination Based On A Worker’s Health Care Choice
Protecting Whistleblowers Who Report Affordable Care Act Violations
The Affordable Care Act (ACA), otherwise known as Obamacare, reduces healthcare costs for American workers by abolishing dollar limits on health benefits, eliminating preventative care co-pays and deductibles, and capping out-of…
If You Have a Prescription for Medicinal Marijuana, Can You Be Fired for Failing the Drug Test?
The conversation surrounding the rights of employees engaging in legal conduct off-premises has expanded from an era of considering the use of...
New California Overtime Mandates Threaten Home Care Providers and Their Patients
Each year, more than 12 million Americans receive care at home temporarily or permanently because of an illness, injury or condition. These individuals are cared for by more than two million home care employees nationwide who perform every duty from providing medical care to cleaning the patient…
How You Are Fired Is Just As Important As Why You Were Fired
When employees knowingly take shortcuts that put a business and its employees at risk, their employer has every right to reprimand or even fire them for their actions. However, the company must follow the same baseline procedures for every employee in the organization to avoid possible litigation…
Big Lots Fires Employee for Taking Protected FMLA Leave and Pays the Price
Imagine the fear and distress you would experience caring for your seriously ill or injured child. On top of the worry you feel day after day as you watch him suffer, your employer reprimands you for taking time to be by his side.
TheFamily and Medical Leave Act (FMLA) gives a worker the right …
Obama Pushes for Changes in Overtime Pay Qualifications
In fast food restaurants, convenience stores and manufacturing facilities, salaried employees are working more than 40 hours a week without receiving the benefits of overtime pay to which they’re entitled. In fact, they’re making less per hour than the employees they “supervise” and less than min…
Protecting Americans’ Rights to Sue for Workplace Discrimination
The right of American workers to fight against discrimination and harassment in a court of law is now more protected than ever thanks to a landmark ruling by the U.S. Court of Appeals for the Seventh Circuit.
According to Title VII of the Civil Rights Act of 1964, employees may sue their employ…
Obesity IS a Disability
In the U.S., 35.7 percent of adults are obese. For those who struggle with obesity, the impairments can be considerable. Individuals may have trouble walking up steps and standing for long periods of time, not to mention joint and muscle pain. Working can be a struggle when appropriate accommodat…
Your Company’s FMLA Violations Could Affect Your Career
If you’re having a baby, recovering from a surgery, or preparing your spouse for military leave, you may be covered under the Family and Medical Leave Act (FMLA). If you qualify, you can take up to 12 weeks unpaid leave in a 12-month period to care for your family – or yourself – and rest assure…
Ensuring Fair Overtime Pay for Workers in the Oil and Gas Industry
Too many Americans are beingdenied the overtime compensation they’ve earned. While refusing pay is wrong and illegal in any industry, for employees in the oilfields of America where work can be physically challenging and possibly dangerous, it’s incredibly unfair. Especially for workers who are …
Religious Discrimination Cases That Shook the Workplace in 2013
We assume that as society has evolved, Americans have become more accepting of different religions and value sets. However, in the workplace, it appears that biases still exist when it comes to what an employee or coworker believes. And surprisingly, it touches on even the most mainstream religio…
Retaliation Cases in Georgia
Court Makes It Harder for Employees to Prove Retaliation
If you file a discrimination claim against your employer and are retaliated against for your actions, how do you prove the reason behind the retaliation? In 2013, after a decision by the U.S. Supreme Court, it has become more difficult to…
Is 2014 the Year of the Minimum Wage Increase?
Each day, millions of Americans go to work in low wage jobs in order to keep the nation running. The majority of these employees – up to 60 percent – work in the service industry at fast food restaurants, hotels and retail stores to provide the services all of us need to make our own day-to-day l…