Atlanta Employment Lawyer Blog

Very few states have as close a relationship to the military as Georgia does. In a struggling economy, where every job is precious, veterans have a great many rights that they may not be aware of under federal employment law. There are enough of these rights that returning veterans and reservists may think about consulting with an employment law attorney before setting off on a job search.

The Uniformed Services Employment and Reemployment Act (called USERRA and passed in 1994) gives veterans certain job rights that are not enjoyed by non- veterans. Among those are protections for disabled veterans, federal employees, vets seeking to go back to their old jobs, and rights into the continuation of military health care.

A few details:

Continue reading " Veterans Employment Rights " »

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Posted In: USERRA

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Most seasonal agricultural workers in Georgia and the rest of the country are covered under two separate labor laws—the Fair Labor Standards Act, and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). This post will cover the latter; and this post covers the former.

The two laws always need to be read together, as well as in conjunction with state laws, by a qualified employment lawyer, to determine the rights of any agricultural workers.

Even though agricultural workers are covered under the FLSA, the MSPA, which was passed in 1983, is considered to be the primary federal labor law covering migrant workers. Like the FLSA, this law is administered by the Wage and Hour division of the U.S. Department of Labor.

Continue reading " Agricultural Workers Under the Migrant and Seasonal Agricultural Worker Protection Act " »

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Posted In: Agricultutral Workers

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Two bills were recently introduced into the United States Congress that, if passed, would have an important effect on the Family and Medical Leave Act (FMLA). Taken together, they would both expand the current effect of the bill and roll back some of the restrictions that the previous administration’s had imposed on that law.

Under the FMLA, which passed into law in 1993, employers must grant a leave (unpaid) of up to twelve weeks every twelve months for certain family emergencies and other medical conditions.

The Bush administration had imposed some restrictions on the FMLA which Rep. Carol Shea-Porter (D-N.H.) has proposed to eliminate in H.R. 2161, which she has called the Family and Medical Leave Restoration Act. The restrictions were posted in a November 2008 DOL final regulation.

Continue reading " Additions to FMLA Proposed in Congress " »

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Posted In: FMLA

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In the 1997 sci-fi thriller Gattaca, virtually every job on earth was determined by a person’s genetic makeup. With the map of the human genome now available for download, science fiction may rapidly become science fact. But U.S. employment laws, to be phased in this month and next September, have stepped in to attempt to eliminate this kind of discrimination before it even gets started.

At least, under most circumstances

Welcome to the Genetic Information Non-Discrimination Act of 2008, known as GINA. Short version: no genetic information obtained by any company can be used to discriminate against any person in employment or in providing health insurance.

Continue reading " Genetic Testing in the Workplace? Meet GINA " »

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Posted In: Genetic Discrimination

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