David Hagaman GA
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Generally yes, as long as the schedule you set does not end up with the employee working more than 40 hours during the work week, because you'd then have to pay overtime, or over 8 if required by a union contract or state or local law, which is rare…
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Overtime requirements are covered by the federal law known as the Fair Labor Standards Act. That law has no restrictions on requiring employees to work overtime, except that the employer must pay any employee time and one half that employee's regul…
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Georgia does not have a specific law requiring employers to pay for jury duty. However, the attorney general of GA has issued an advisory opinion (not binding law) that an employee's total compensation may not be reduced by jury service and so empl…
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I agree with Hatchetman that an overweight condition is not normally considered a disability under the ADA. Morbid obesity--whatever that is--is or can be an ADA disability. Personal hygiene issues are difficult, but an employer normally has the r…
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Certain sleep disorders, such as sleep apnea and narcolepsy, may be disabilities under the ADA. Your best bet is to get a competent medical opinion (send him to a specialist) describing any restrictions the employee needs, and then consider whether…
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I agree with Brad's comment. Workers Comp and FMLA run on different planes, but can intersect. Most WC claims will qualify for FMLA leave, but not all. An employee can use up all the employee's FMLA leave and still be entitled to WC benefits and l…
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Terminating a female employee who has to go leave work for pregnancy and/or child birth is full of perils. Georgia does not have a specific pregnancy leave law that I know of. However, federal law covers pregnancy discrimination under the pregnanc…
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I don't think you would be required to give the terminated employee copies of grievances unless required by your collective bargaining agreement or in connection with a subpoena in a legal action.
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Hard to say based on the facts you've listed here. But here are some thoughts. If the non-union member is a member of a protected class under a federal anti discrimination law, such as race, sex, age, etc. and can show pretext or disparate treatme…
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I am not aware of any federal law that would prohibit this practice. You should check your state's laws on this to be safe. Our clients regularly put suspected work comp malingerers on video, and one of our clients recently won a disability discri…
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Actually, this depends on the meaning of "unjust discharge." If it means federal claims such as age, race, or sex discrimination, then the statute of limitations is 180 days in a state where the EEOC has jurisdiction, or 300 days where the jurisdic…
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State of GA labor dept regs provide that an employer must give out separation notices. However, there's no penalty for not doing so; therefore a lot of employers just don't give out or send separation notices. However, you may be required to provid…
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Be careful. Don't accept their line, "I'm from the government and I'm here to help you." Seriously, the OFCCP has been sending out letters lately asking for all sorts of information, including I9's, to employers that are not really covered by 1124…
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The NLRB would consider it an unfair labor practice for an employer to discharge or discipline non-covered employees(those not in bargaining unit) who refused to cross the picket line in sympathy with the union. I agree with James that this is a ve…
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[font size="1" color="#FF0000"]LAST EDITED ON 05-06-02 AT 09:12PM (CST)[/font][p]I agree with John Phillips that looking at state law is important. Also, while your employer's position on the referendum may not be popular with some of your company's…
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There are countless management styles, and it certainly seems this manager's style is unique. As a general rule, it is a sign of poor management to block and/or stifle complaints because communication needs to flow upward and downward. I predict t…
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I haven't researched this issue in awhile, but I recall that the NLRB has issued a decision or two that says an employer's rule prohibiting employees from discussing their wage and/or salary information violates the Act. The theory is that employee…
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I do not know of any requirement in GA for you to furnish copies of the reference check notes or any other information on the applicant. In a lawsuit alleging discriminatory hire, you would be required to produce those documents in discovery.
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To put it bluntly: you have potentially big problems. The whole are of solicitation is fairly closely regulated by decisions out of the National Labor Relations Board. Basically and employer may prohibit employees from soliciting for any cause (with…
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This is an interesting question you have raised that we have recently seen other employers wrestle with. Here are some considerations. Some employers have gone away from giving every employee a copy of the handbook for several reasons. First, the co…