OUR LABOR AND EMPLOYMENT LAW BLOG. NO PLAY. JUST WORK. A Brief Guide to the FLSA’s Professional Employee ExemptionApril 1, 2024Overtime pay in the US is mandatory under the Fair Labor Standards Act for certain employees. According to FLSA and its guidelines, “professional” employees are… Read More The Pregnant Workers Fairness Act: What It Is and How It Affects Your BusinessMarch 12, 2024The Pregnant Workers Fairness Act (PWFA) is a US law that mandates employers to provide reasonable accommodations to pregnant employees to prevent any health risks… Read More Employee OvertimeDecember 31, 2023Employee Overtime Wages for overtime work hours are a common cause of contention among US employers and employees. Often, an employer might require a staff… Read More How Generative AI Is Transforming the Global WorkplaceDecember 1, 2023Generative AI is the new tech rave across global workplaces. From marketing to healthcare, the conversations around how assistive tools like ChatGPT and DALL-E can… Read More The PUMP Act: Everything You Need to Know About the Providing Urgent Maternal Protections Law in the US October 13, 2023According to data from the CDC, 83.2% of infants born in the US are breastfed. Despite this significantly wide margin, lactating parents in America still… Read More Monkeypox In the Workplace: A Guide for EmployersNovember 18, 2022With over 18,000 cases in the US, the CDC has rightly declared the monkeypox outbreak a Public Health Emergency of International Concern (PHEIC). As the… Read More Covid-19 Pandemic Related Caregiver DiscriminationAugust 26, 2022For individuals with caregiving responsibilities (“caregivers”), the effects of the Covid-19 coronavirus pandemic go beyond work obligations. While navigating hybrid work schedules and tighter shifts,… Read More Discrimination Based on Hair?: The CROWN Act July 5, 2022On March 18, 2022, the US house of representatives passed the CROWN ACT banning “discrimination based on an individual’s texture or style of hair.” The… Read More How NDAs Actually Help Employers Protect DataJune 5, 2022On May 2, 2022, the Supreme Court’s draft opinion to overturn the 1973 Roe v Wade decision and return the power to determine abortion laws to… Read More End of Mandatory Arbitration of Sexual HarassmentMarch 18, 2022Legislative Update: Ending Forced Arbitration of Sexual Assault and Sexual Harassment On February 10, 2022, the US Senate passed the Ending Forced Arbitration of Sexual… Read More From the Courts: Religious Exemption to Covid-19 VaccinationMarch 14, 2022US Federal Judge Blocks Navy Disciplinary Action Against SEALS Seeking Covid-19 Vaccination Religious Exemption In Texas, a US federal judge issued a preliminary order restricting… Read More The Vaccine Mandate That Was Not: Courts Block Biden Administration’s Mandatory COVID-19 Vaccine PlansDecember 12, 2021When a vaccine for the coronavirus was developed, President Joe Biden expressed an intent to require employees across the country to become vaccinated in a… Read More Small Business Employment Law: A Guide to Investigating Sexual Harassment ClaimsNovember 25, 2021Sexual harassment is common in American workplaces. According to reports, five million individuals have been harassed in offices across the country annually. While this figure is alarming,… Read More Vax Compliance: A Guide to OSHA ETS for Private Sector EmployersNovember 8, 2021The Occupational Safety and Health Administration (OSHA) has released its COVID-19 mandatory vaccine mandate by the federal government for the private sector under the Emergency… Read More Sexual Harassment In the Workplace: Steps for SMBs to Avoid Liability Under Title VIINovember 4, 2021When an employee comes forward with a sexual harassment claim, they expect their employers to respond constructively to get justice served. However, several small business… Read More How to Reduce Risk of Litigation: Mandatory Covid-19 Vaccine Religious ExemptionSeptember 9, 2021As we attempt to escape the dark days of the COVID-19 pandemic, thanks in no small part to the availability of a vaccine, new changes… Read More Basic Training: Workers Compensation for Life Time Disabilities in GeorgiaJuly 23, 2021Workers’ Compensation provides supplementary income, medical benefits, and rehabilitation to employees who sustain workplace injuries or occupational illness. In Georgia, employers with more than 3… Read More Exemption from Mandatory COVID-19 Vaccine for religious employeesJuly 2, 2021According to the law and guidelines from the Equal Employment Opportunity Commission (“EEOC”), it is possible for employers to require their employees receive a COVID-19… Read More Computer fraud and abuse act in civil litigationJune 20, 2021On June 3, 2021, the United States Supreme Court (SCOTUS), by a vote of 6-3, ruled that the Computer Fraud and Abuse Act of 1986… Read More Mandatory COVID-19 Vaccine exemption for employees with DisabilitiesJune 6, 2021Today, many companies are trying to get back to business as usual. They want to get their employees back to work, and this means that… Read More The Legality of an Employer-Mandated Covid VaccineMarch 28, 2021Generally, Employers Can Make The Vaccine Mandatory Since there are COVID-19 vaccines now available, are employers permitted by law to require employees to get vaccinated?… Read More The Current State of Georgia Whistleblower LawFebruary 25, 2021It takes a lot of courage to blow the whistle to reveal fraudulent or illegal activities of a company or employer. Transparency International defines whistleblowing as an… Read More Small Business Owner? You’ve Been Served: Next Steps After Receiving a Complaint. January 7, 2021There are many aspects of business cannot be controlled – not least of which are pandemics and lawsuits. Being served with a lawsuit is serious,… Read More The Religious Freedom at Work Rulings ExploredDecember 1, 2020The year 2020 has been eventful in all respects, including clarification of religious freedoms at work. This summer, the Supreme Court of the United States… Read More Breaking It Down: Georgia Paid Lactation BreaksNovember 9, 2020Thanks to the relevatively recently enacted paid lactation breaks law, providing lactation breaks is required of all employers in Georgia. Lactation breaks were already required… Read More DOL’s NEW FMLA MEDICAL INFORMATION TEMPLATEOctober 18, 2020Understanding the New FMLA Medical Information Template The U.S. Department of Labor recently released new forms for medical information required for leave under the Family… Read More DOL Revisions to FFCRA Regulations: What You Need to KnowSeptember 25, 2020The Families First Coronavirus Response Act (FFCRA) Regulations were promulgated by the US Department of Labor to implement the FFRCA. Our Employment Law Blawg summary… Read More Is Black Lives Matter a “Matter” of Concern for Federal Employers and Employees under the Hatch Act?August 1, 2020The Hatch Act, passed in 1939, limits certain political activities of federal employees, as well as some state, D.C., and local government employees who work… Read More Georgia COVID-19 Pandemic Business Safety ActJuly 24, 2020Recently, the Georgia General Assembly approved the Georgia COVID-19 Pandemic Business Safety Act which provides protections for businesses from liability that may be linked to… Read More All Things Being Equal, Does Race Make A Difference?: Racial Discrimination Under Section 1981July 9, 2020In Comcast Corp. v. National Association of African American-Owned Media, the United States Supreme Court settled the score on what standard of proof is required… Read More “Sex” Means “Sex”: SCOTUS Extends Anti-Discrimination To LGBTQ EmployeesJune 18, 2020On June 15, 2020, the United States Supreme Court (SCOTUS), by a vote of 6-3, ruled that the ban on sex discrimination in Title VII… Read More FAQ Series: Is Covid-19 A Disability?May 11, 2020As of May 11, 2020, the Equal Employment Opportunity Commission (EEOC) has not stated that covid-19 is a disability under the Americans with Disabilities Act… Read More Summary of the Families First Coronavirus Response Act (FFCRA) Paid Time OffApril 20, 2020The federal Families First Coronavirus Response Act was signed into law on March 18, 2020 by President Donald J. Trump. It became effective on April… Read More LOSO, LLC. Featured in Kurt Kastorf’s “Firms You Should Know”April 5, 2020Kastorf Law is a litigation boutique founded by Kurt Kastorf. His Firm helps individuals, companies, and organizations handle their most challenging issues in litigation, regulation, and… Read More Q&A Regarding Covid-19 In Your WorkplaceMarch 24, 2020Covid-19 Q&A Session – Legal Implications of the CoronavirusMarch 19, 2020Register here at no cost. Big Brother: Privacy In The WorkplaceFebruary 25, 2020While most people expect to enjoy privacy rights at all times, there are certain limitations to these laws in the workplace setting. Today, employers rely… Read More Basic Training: Workers Compensation in Georgia for Temporary DisabilitiesJanuary 26, 2020Workplace injuries can cause serious disruptions to an employee’s finances, career, and mental health. In Georgia, the law requires employers with more than 3 employees… Read More Positive Drug Test? Now What?October 28, 2019What does a public employer do when a job applicant’s test comes back positive? In the business world, employers sometimes ask job applicants to submit… Read More Hot Off the Press: New Overtime RulesOctober 4, 2019The Federal Labor Standards Act requires employers to pay overtime to employees who work over 40 hours in a workweek, unless the employee works in… Read More It’s Not What It Looks Like: Retaliation 101July 31, 2019With the inclusion of anti-retaliation provisions, Congress protected the rights granted in several employment related statues. An anti-retaliation provision prohibits any adverse employment action taken… Read More Not Cheaper, Not Quicker: Pitfalls of Mandatory ArbitrationJune 28, 2019Alternative dispute resolution became all the rave for a cheaper and quick route to solve legal issues. Employers bought into the idea quite heavily under… Read More Does Title VII Include Discrimination Based on Sexual Orientation?May 23, 2019By Hauwa Adamu In Bostock v Clayton County and Evans v Georgia Regional Hospital, the US Court of Appeals for the Eleventh Circuit held that reliance on… Read More Is Employee John Doe Receiving Preferential Treatment?! – Court Finally Explains What “Similarly Situated” Means in Title VII Discrimination CasesMay 6, 2019In Lewis v. City of Union City, Ga., No. 15-11362, 2019 U.S. App. LEXIS 8450 (11th Cir. Mar. 21, 2019), the U.S. Court of Appeals for the… Read More My EEOC Charge is 1 in 90,000 – EEOC Fiscal Year 2018 Enforcement and Litigation DataApril 18, 2019On April 10, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) released detailed breakdowns of its work in fiscal year 2018 which ended on September… Read More Encounters of the Hostile Kind: What Do You Need to Prove a Racially Based Hostile Work Environment? March 20, 2019Meet Brenda Smelter. She is a black woman that was hired by Southern Home Care Services, Inc. d/b/a/ ResCare Homecare in July 2013 as a… Read More “The Letter of the Law” – SCOTUS Uses Grammar to Grant More Protection from Age Discrimination and RetaliationJanuary 19, 2019Mount Lemmon Fire District v. Guido (No. 17-587), the November 2018 Supreme Court of the United States decision, broadens protection from age discrimination to more… Read More Perilous Pitfalls of Performance AppraisalsDecember 31, 2018John Doe is a manager who attempts to be efficient at his job. He understands that personnel management requires a certain diplomacy and finesse. But… Read More Background Checks in Employment – Planning a New Hire, Read This Too!December 21, 2018How do I complete a background check? There are several ways for employers to gather information on the background of an applicant for employment. An… Read More Background Checks in Employment: Planning For A New Hire? – Read This First!December 8, 2018What is a background check and why do I need one? A background check is a review of an employment candidate’s social, criminal, and financial… Read More Happy ThanksgivingNovember 20, 201810 Steps to FMLA ComplianceOctober 26, 201810 Steps to FMLA Compliance Who Gets Severance Pay and How Is It Paid?October 1, 2018The United States of America is one of the few wealthy countries that do not require an employer to offer and pay a departing employee… Read More 8 Benefits Employer and Employee Exchange for SeveranceSeptember 24, 2018Severance pay is a matter of agreement between an employer and an employee. It is an agreement that the employer will provide a payment and/or… Read More Storm Surges and Flash Flooding: A Few Employment Law Issues During Natural DisastersSeptember 17, 2018You are an employer with a a goal set of each hour, day, week, month, quarter and year, maybe 5, 10, 50 years. But natural… Read More So You Think You’ve Been Discriminated Against Based on Your Race? Prove It.September 4, 2018We’ve all had that feeling we’ve rubbed someone the wrong way. This is a feeling that starts in our gut; it is our subjective understanding… Read More That’s Racist!: Racial Discrimination DefinedAugust 28, 2018Race in America is that ever-present white elephant in the room which creeps into every conversation and influences our most subconscious thoughts. Congress considered this… Read More 5 Reasons Why Employers Settle Unpaid Overtime ClaimsJuly 2, 2018The Federal Labor Standards Act is very clear: all employees must be paid at least minimum wage for every hour worked and overtime pay for… Read More Employee Handbooks Doing More Harm Than Good in Your Workplace?June 25, 2018National Labor Relations Board has issued a Guidance for employers to follow to determine which policies included in its employee handbook or Human Resources manual… Read More No More Strength in Numbers: Class Action Waivers Are LegalJune 18, 2018The Supreme Court of the United States (SCOTUS) has ruled that class action waivers in employment arbitration agreements do not violate the National Labor Relations… Read More FAQ Series: Is High Blood Pressure A Disability?May 28, 2018Pursuant to the Americans with Disabilities Act, Amendment Act (ADAAA), a person who suffers from hypertension, also known as high blood pressure, can be a… Read More To Serve and Protect: Discrimination Against Veterans In Employment is ProhibitedMay 21, 2018On the last Monday in May, Americans celebrate Memorial Day to commemorate all the men and women who have died in military service to the… Read More How Long Is Too Long: Leave of Absence Under the ADAApril 20, 2018Can finite leave of absence of more than one month can be a reasonable accommodation? Federal circuit courts have rendered conflicting decisions regarding how much… Read More Protected Status + Adverse Employment Action = Discrimination?April 14, 2018Often employees are convinced they are victims of discrimination at the hands of employers, through its management or supervisory staff. Often, certain issues are also… Read More Multi-Million Dollar Awards for SEC WhistleblowersApril 6, 2018The Securities and Exchange Commission announced on March 19, 2018, its highest-ever Dodd-Frank whistleblower awards: – two whistleblowers shared a nearly $50 million award –… Read More Myths In Employment Civil Rights Litigation: OddsMarch 30, 2018Myth 6. Plaintiffs have high odds of success and win large awards. Although media coverage gives that impression, we find that some 36 percent of… Read More Myths In Employment Civil Rights Litigation: FrivolityJanuary 8, 2018Myth 8. Many plaintiffs’ lawsuits are frivolous. Our interviews with defendants and their lawyers reveal that they often believe plaintiffs are ill-informed about the law… Read More News Flash: Update on Tip PoolingDecember 4, 2017The U.S. Department of Labor today announced a Notice of Proposed Rulemaking (NPRM) regarding the tip regulations under the Fair Labor Standards Act (FLSA). Under… Read More Discrimination 101November 30, 2017Recently there have been a number of significant decisions regarding discrimination in the workplace highlighting the fact that preventing discrimination is a responsibility of every… Read More #metoo movement – Sexual Harassment and Discrimination at WorkNovember 30, 2017In a world where publicizing the intimacy of what goes on behind closed doors is both easy and pervasive, employers are urged to audit their… Read More Assessment Tool: Discrimination in EmploymentOctober 25, 2017So you think you have a discrimination claim against your employer? Hold that thought. Your answers to the following questions might indicate otherwise. Have you… Read More FAQ Series: Is Addiction a Disability?October 25, 2017FAQ Series: Is addiction a disability? According to the EEOC’s manual, “Persons addicted to drugs, but who are no longer using drugs illegally and… Read More Case Summary: Pregnancy Discrimination Act Protects BreastfeedingSeptember 27, 2017In STEPHANIE HICKS v. CITY OF TUSCALOOSA, ALABAMA, the 11th Circuit Court held that the Pregnancy Discrimination Act (PDA) guarantees women the right to be free… Read More Quick Tip: Monitoring Employees’ Personal CommunicationsSeptember 27, 2017Generally the law gives employers broad rights to surveillance of their workplace, especially where company-owned devices are being used to communicate. However, the federal Electronic… Read More Quick Tips: US Department of Labor Advisory OpinionsAugust 20, 2017Avoid misinterpretations of the Fair Labor Standards Act (“FLSA”), the Family Medical Leave Act (“FMLA”), and other federal wage and hour laws by seeking guidance… Read More Quick Tip: Avoid Misclassification Claims – Guaranteed Regulatory and Legislative ComplianceAugust 20, 2017The Internal Revenue Service (IRS) SS-8 Determination is an audit conducted by the IRS of an employer’s employee/independent contractor classification. The IRS would conduct an… Read More Quick Tips: Employers Viewing Employees Personal EmailAugust 9, 2017In a nutshell: don’t do it! Employees have successfully relied on the federal Stored Communications Act (SCA) to make the argument that employers are liable… Read More News Flash: Extension of Dodd Frank Protection to Internal WhistleblowersAugust 9, 2017The Supreme Court of the United States has agreed to hear this important issue: Does the Dodd-Frank Wall Street Reform and Consumer Protection Act provide… Read More News Flash: Kin Care LawJuly 25, 2017Georgia employers with 25 or more employees must permit employees who work 35 or more hours per week to use up to 5 hours of… Read More Quick Tips: Minimum Wage and Tipped JobsJuly 25, 2017According to the FSLA, an employer is excused from paying at least the minimum wage for tipped jobs, as long as tips make up the… Read More Quick Tips: Wrongful TerminationJuly 21, 2017Due to the at-will employment doctrine in GA, an employer can fire an employee or independent contractor who is not hired on a fixed term… Read More Quick Tips: Discrimination Based on Familial StatusJuly 21, 2017While no such protection exists under federal law, the City of Atlanta Code of Ordinances prohibits discrimination in employment on the basis of “familial status”. News Flash: New I-9 FormJuly 18, 2017Employers take note! USCIS has released a new I-9 Form for employment eligibility verification. All employers must begin using this new form by September 17,… Read More Quick Tips: Unionization in GeorgiaJuly 18, 2017Georgia is a “right to work” state meaning that an employee is free to refuse to join a union without suffering any adverse consequences. EEOC Position StatementsApril 26, 2017Advance Notice of Resignation – Do’s and Don’tsApril 16, 2017Joe Blow quit his job this morning. His employer did not see it coming and though Joe knew he was going to leave sooner or… Read More Challenge and Defeat EEOC SubpoenasApril 11, 2017Title VII of the Civil Rights Act of 1964 permits the Equal Employment Opportunity Commission (EEOC) to issue subpoenas to obtain evidence that is relevant to… Read More At-Will Employee Cried “Breach of Contract”March 20, 2017The United States District Court for the Northern District of Georgia released a decision on March 20, 2017 declaring: “even an at-will employee can, under… Read More Newest on Whistleblower ProtectionMarch 9, 2017 Plaintiffs seeking protection under the anti-retaliation provisions of the Georgia Whistleblowers Act (“GWA”) will applaud the Georgia Court of Appeals’ recent decision in West… Read More Welcome!March 8, 2017“Employment…is the institution through which most of us secure much of our self-respect and self-esteem.” – Chief Justice Dickson, Supreme Court of Canada, 1980 I… Read More Load More CONTACT THE LAW OFFICE OF SHERI OLUYEMI, LLC Contact Info 2727 Paces Ferry Rd. SE., Suite 750, Atlanta, GA. 30339 +1 404 500 6202 +1 404 496 7202 info@losollc.com Mon – Fri, 8a – 5p
