Atlanta Employment Attorney
To Obtain Proficient Legal Support on Your Side, Call or Text 404-876-8100 Today.
It is important for employers to treat their workers fairly. Unfortunately, some employers will break the law in order to protect their bottom line. When an employee is being taken advantage of, filing a claim may seem like an uphill battle. Many employers are equipped with ample resources and employ aggressive law firms in an attempt to intimidate the employee from filing a claim. There are laws, both Federal and State, that protect workers from these abuses.
If you feel that you are being discriminated against at work or being taken advantage of in other forms, it is important to contact a qualified attorney to discuss your legal options and assert your rights as an employee in the State of Georgia.
Leading Employment Law Attorneys With More Than Six Decades of Combined Experience
The Atlanta employment attorneys at Hall & Lampros, LLP are strong advocates for employee rights. Employment laws can be strenuously complex, and it often requires in-depth legal knowledge. With over six decades of combined experience, the lawyers at Hall & Lampros, LLP have helped affected workers assert their rights, ultimately securing remarkable results. There is no employment law case that is too difficult or challenging for the proficient team at Hall & Lampros, LLP. To schedule a free no-obligation consultation, contact our law firm today.
We have Actual Experience on Your Type of Case: We have successfully handled employment cases involving the following:
- Sexual Harassment (Title VII of the Civil Rights Act of 1964)
- Racial Discrimination (42 U.S.C. § 1981)
- The Family and Medical Leave Act (FMLA, 29 U.S.C. § 28, et sec.)
- Americans with Disabilities Act (ADA and ADAA, 42 U.S.C. §12101, et sec.)
- Title VII (42 U.S.C. 1981)
- Fair Labor Standards Act (FLSA) (29 U.S.C. § 203)
- Wrongful Termination
- Employee Misclassification as an Independent Contractor
- Overtime Claims
- Minimum Wage Claims
- Restaurant Wage Claims
- Illegal Tip Pools
- Unpaid Training
- Workers’ Compensation
Protection Against Workplace Abuses
State and federal laws regulate many areas of the employer-employee relationship. Existing laws cover issues such as workplace harassment, retaliation or discrimination. Federal laws also address wage and hour disputes, such as the denial of overtime pay. Employees have a right to seek monetary compensation for their losses in the following situations:
Wage and Hour Issues – These issues are primarily governed by the Fair Labor Standards Act (FLSA) as the State of Georgia does not have its own overtime laws. This federal law sets basic pay standards for a majority of employees. Based on FLSA, employers must provide overtime pay to workers who have worked more than 40 hours in a workweek at a rate that consists of one-and-a-half times the worker’s regular hourly rate. It should be noted that the Fair and Labor Standards Act does exempt certain types of work from obtaining overtime pay.
Additionally, FLSA requires that certain employers pay their workers at a rate that is no less that the federal minimum wage. When an employer violates any of these compensation rules and fails to pay the appropriate wages, the worker has the right to seek compensation for his or her unpaid wages. In some cases, the employee may be able to obtain liquidated damages over the employer’s violation.
Discrimination in the Workplace – Employment discrimination can occur when the worker or employment applicant is treated differently than others in the workplace as a result of a federally protected characteristic. Protected characteristics can include, but is not limited to the following:
- The employee or applicant’s age,
- The employee or applicant’s national origin,
- The employee or applicant’s sex, and
- The employee or applicant’s religion
Although the State of Georgia does not have anti-discrimination laws for certain protected classes, some workers can find protection under the Equal Employment Opportunity Commission, the Americans with Disabilities Act (ADA), Tittle VII of the Civil Rights Act of 1964, or the Age Discrimination in Employment Act (ADEA).
Retaliation – Federal and state employment laws protect employees from retaliation when they engage in protected activities. These activities can involve:
- Complaining about unlawful discrimination or harassment,
- Complaining about other violations,
- Filing a claim with the Equal Employment Opportunity Commission, or
- Being involved in an investigation conducted by a government agency
Retaliation can take place in the form of adverse action taken by the employer, such as:
- Worker suspension,
- Demotion, or
It is important to know that retaliation can also include subtle forms of mistreatment by the employer, which can include being left out of important workplace activities or negative performance reviews. The State of Georgia protects workers from retaliation when they engage in protected activities through statues such as 42 U.S.C §1981 and Title VII.
Hostile Work Environments – For the most part, employment laws protect workers against workplace harassment when it is based on the worker’s sex, religion, disability, age, and national origin. While the State of Georgia does not address workplace hostility by private organizations, workers can find protection under Title VII of the Civil Rights Act of 1964. This federal law applies to employers with a minimum of 15 workers and it protects workers from racial harassment, sexual harassment, and other forms of harassment. Similarly, workers with disabilities can find protecting under the Americans with Disabilities Act.
Generally, there are two types of workplace harassment: hostile work environments and quid pro quo. To file a claim under the Title VII of the Civil Rights Act, workers must first file a claim under the Equal Employment Opportunity Commission.
Employee Misclassification – Employers can sometimes attempt to avoid paying employees for overtime work or provide them with benefits by misclassifying them. Under the Fair Labor Standards Act, certain types of work are exempt from overtime pay. Workers who are employed as bona fide administrative, executive, “creative” or “learned” professional workers are exempt from obtaining overtime pay when they meet certain criteria. Other exemptions can include independent contractors or computer working professionals.
An employee who suspects he or she may be misclassified has the right to seek compensation for owed pay by filing a claim under the Equal Employment Opportunity Commission.
Discuss Your Case with a Knowledgeable Employment Lawyer in Atlanta, GA
If you are a worker seeking more information about how to prevent workplace discrimination or are pursuing a claim against your employer for a violation of your employee rights, it is important that you seek qualified legal counsel. Filing a claim against your worker can present a wide range of complexities where the support of a knowledgeable attorney can be beneficial.
At Hall & Lampros, LLP, defending the rights of workers is of utmost importance. Recognized as leading Atlanta employment lawyers by the National Association of Distinguished Counsel, our firm is prepared to take your case to court to assert your rights and secure the compensation you deserve. For your free case evaluation, call or text 404-876-8100 now or complete an intake form on our contact page and we will call you!