Wage discrimination is a serious issue that affects workers across the United States. If you are being paid less than a colleague for the same or similar work based on a protected characteristic, you may have a case for discrimination. If your employment rights have been violated it is crucial…
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Despite various laws and regulations on the topic, discrimination in the workplace continues to be an issue across the United States. It is important to understand the most common forms of workplace discrimination so you can identify and put a stop to them. If your rights have been violated in…
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The Equal Employment Opportunity Commission plays a crucial role in promoting equality in the workplace and ensuring that individuals are not subjected to unfair or illegal discrimination. For more information on the agency’s rules and regulations and to ensure your rights are protected in the workplace, contact a knowledgeable Atlanta…
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Mental health issues are often stigmatized or overlooked in the workplace. Legal protections have been put in place for workers with mental health conditions to ensure that these individuals are not treated unfairly due to biases or discrimination. If you feel like you are being harassed or discriminated against based…
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If your request for a reasonable accommodation for your disability was denied your rights may have been violated. However, you have several options to rectify the situation. Speak with an Atlanta disability discrimination attorney to learn more about your legal rights and options. What is a Reasonable Accommodation? A reasonable…
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If you have faced discrimination in the workplace you know that it can be a stressful and emotionally challenging experience. No employee should be forced to work in a hostile environment where they feel unsafe or uncomfortable. If you have experienced discrimination you should file a formal complaint with your…
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Maternity leave is an important benefit for new mothers. It allows them time to recover from childbirth, bond with their new child, and focus on their family. However, a worry for many new mothers is job security during this time. While federal laws offer job protection during maternity leave, it…
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Employers are not legally allowed to make age-based decisions. Laws at both the federal and state level prohibit age discrimination. If you believe that you have been discriminated against in the workplace it is imperative that you seek legal counsel and discuss your options. Reach out to an Atlanta age…
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Genetic information discrimination occurs in the workplace when employers make employment decisions based on a candidate or employee’s genetic information and/or the perceived implications of their genetic information. You have the right to avoid discrimination in the workplace based on certain protected characteristics, including your genetic disposition. Reach out to…
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Discrimination in the workplace is never okay but it is unfortunately prevalent across the country. It is important to understand how race discrimination is legally defined so you can better identify and report it if you witness it or it happens to you. For legal advice and representation, do not…
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Retaliation in the workplace is a serious issue that can negatively affect morale and feelings of safety in employees. Not to mention it can lead to significant legal consequences for employers. In Georgia, various laws and regulations act as legal protections against retaliation in the workplace. Understanding these laws and…
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Workplace bullying is a serious issue that can create a hostile environment and unfair feelings of fear or anxiety. If you have experienced bullying at work, reach out to an Atlanta hostile work environment attorney for legal advice and representation. What is the Definition of Workplace Bullying? Bullying on its…
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Sexual harassment is a serious issue in workplaces across the country. The prospect of reporting the encounter can be daunting and overwhelming. At Ben Barret Law, we understand the sensitive and delicate nature of filing a sexual harassment report in the workplace. If you have suffered sexual harassment and want…
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Whether you are at work or applying for a new job, if an employer asks you to take a drug test you may freeze. What are your legal rights? Do you have to take the test? Can you refuse? The rules surrounding drug testing in the workplace can be complex…
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Age discrimination is all too common in the workplace. Tens of thousands of reports about age discrimination are made to the EEOC (Equal Employment Opportunity Commission) annually. If you believe you have experienced age discrimination as an employee it is important to understand how you can prove that it happened…
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Employers are responsible for providing prompt and accurate compensation for their employees. Regulations and standards for employee rights are generally outlined in the FLSA. Depending on the details of your employment and salary your boss may be required to pay you overtime if you work more than 40 hours in…
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The Family and Medical Leave Act (FMLA) is a federally enforceable act providing certain rights to employees. It is an important benefit that gives workers the opportunity to address health or family needs without the fear of losing their job. If you are wondering how much notice is required before…
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Job interviews can be competitive and often exhausting for both interviewers and interviewees. The entire interview process generally revolves around questions being asked by both parties to determine whether or not the applicant and company are a good fit. While employers have the right to ask about things that pertain…
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Workplace discrimination is a serious issue that can significantly impact an employee’s mental health and career. Discrimination can present itself in a multitude of forms. It is important for any employee experiencing workplace discrimination to understand how they can gather evidence to prove the wrongdoing and put an end to…
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Back in school students would have to bring in a signed note from their doctor excusing their absence from the school day or a certain class. Are employees required to provide the same sort of information if they miss a day of work? Your employer can require a doctor’s note…
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Both federal and state laws exist to protect employees who need to take time off of work for specific family or medical reasons. The FMLA offers support for employees who find themselves in unexpected situations or who need parental leave. It can be daunting to take extended leave, even when…
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It can be frustrating to learn that your employer has not paid you wages for hours or tasks that you worked. Georgia complies with the FLSA meaning that if your employer doesn’t pay you there are a few actions you can take. If you are missing wages obtain help from…
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The workplace can often be tense and the dynamics between employees and employers can even become volatile at times. A common concern for employees is if it is legal or illegal for their employer to yell at them. While shouting in the workplace can have a negative effect on the…
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Having your wages cut can be shocking and financially devastating. Whether the business is struggling, your role has been changed, or the nature of your duties has been altered, your employer may decide to reduce your pay. Although this may feel like a blow to the ego or bank account,…
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If you are an active participant in a religious church or belief, it can impact the way you choose to live your life. Sometimes employment interferes with an individual’s ability to openly practice their faith. Employers may be required to provide you with religious observance accommodations depending on the circumstances.…
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Unfortunately for many workers, most employers are within their rights to fire an employee for no reason. There are caveats to this, but at-will employment allows termination with or without just cause. Speak with an Atlanta wrongful termination lawyer for more information. Can My Employer Fire Me With No Reason?…
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Many employees appreciate overtime work as it means more hours and a higher paycheck. Others, however, may dread it as they simply want to go home, relax, or spend time with their friends and family. Employees may wonder if their boss is allowed to require them to work overtime and…
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Getting fired is never fun, but when the reason behind your termination is illegal it can be both frustrating and devastating. If you were recently fired and believe you were wrongfully terminated, Ben Barret Law can help you understand your rights and legal options going forward. Speak with an Atlanta…
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Although individual states often have their own laws against discrimination in the workplace, most anti-discrimination laws are enforced by the federal government. The EEOC (Equal Employment Opportunity Commission) enforces various laws that protect applicants and employees from unfair treatment. If your rights were violated in the workplace speak with an…
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Labor laws are important to ensure fair treatment and pay for employees across the country. Many workers are covered under the Fair Labor Standards Act which was enacted in 1938. For advice and to ensure your employment rights are protected speak with an Atlanta employment rights attorney. What is the…
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Employers often offer their employees paid time off as a form of compensation and benefits. While this is a nice gesture, no law states that any employee is entitled to take paid vacation days in Georgia. However, companies may enact their own policies regarding the matter. If you have questions…
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Employees with disabilities are allowed certain legally protected rights in the workplace. It is against federal law for an employer to discriminate against an employee because of a disability, whether perceived or real. Some workers may require extended absences due to their disability for their mental and physical health and…
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Leaving a job can be exciting, nerve-racking, or stress-inducing depending on the circumstances. Whether or not you decided to leave your company or you were let go, there are certain rights that you are entitled to. If your employment rights are violated when leaving your job contact an experienced Atlanta…
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Many employers question the legality of workplace surveillance. No one wants to feel like they are being watched all the time, but workplace surveillance is legal under Georgia state law. While employees may have legitimate reasons for monitoring their employees it is vital that they ensure that their surveillance practices…
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The federal government has recognized the important role that whistleblowers play in keeping the government and organizations honest and accountable for their actions. This is why they have implemented whistleblower rights. Whistleblower rights protect both employees and independent contractors from retaliation for exposing illegal or unethical practices. If you require…
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If you get notified that your time off request was denied it can take the wind right out of your sails. You were probably excited to go on vacation or take a well-deserved rest day. If you still have vacation days left you might be confused why your boss would…
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The FTC (Federal Trade Commission) is a federal agency that prevents fraud and unfair business practices by enforcing consumer protection laws. Most recently, in April of 2024, the FTC voted to ban non-compete agreements. While some may criticize this law, it will likely prove to be a benefit to the…
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Many laws in the United States make it illegal for an employer or company to discriminate against applicants and employees. One of those laws states that employees with disabilities have the right to request a reasonable accommodation made by employers. If you feel like your employment rights have been violated…
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The Equal Employment Opportunity Commission is a federal agency that regulates various employment laws. Under the EEOC harassment against certain protected classes is illegal in the workplace. However, sometimes people disregard these laws. When employees experience harassment in the workplace, they oftentimes do not report the incident, especially when the…
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Anytime you are fired from a job or forced out of your role you may feel that it is wrong or unjust. There is a difference, however, between feeling wronged for being fired and your employer actually committing wrongful termination. Continue reading to discover more about how employers hide wrongful…
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Getting into an argument with an employer or coworker can be awkward and uncomfortable. It can make you dread going to work and cause you to hide out at your desk or take the stairs instead of the elevator in an attempt to avoid them. A lot of times situations…
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During a long work day, a good lunch break can be the difference between an intense afternoon slump or a productive end of your day. If you’re required to work through your lunch break or be on-call in case of an emergency, you are not reaping the full benefit of…
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We live and work in a digital world, where most tasks are performed online. Whether you are a remote worker or rely on a computer or device in the office, you are probably being digitally monitored even if you do not realize it. Employers monitor their employees’ online activity for…
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Internships have been proven greatly beneficial to college students, recent graduates, and anyone trying to get their foot in the door of a new industry. Whether you’re grabbing coffee or contributing ideas and problem-solving skills in a meeting room, first-hand corporate experience of any kind can be influential for an…
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In the United States, federal laws protect certain classes from workplace discrimination. Although it is illegal, employment discrimination is an unfortunate occurrence across workplaces around the world. If you feel like you have been the victim of discrimination, there are ways you can protect yourself. Contact an Atlanta employment discrimination…
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Discrimination against certain demographics has posed a serious issue across the United States. Medical discrimination can occur when an employee is treated unfairly at work based on a medical condition, whether it be real or perceived. Everyone should have the right to fair treatment in the workplace. If you believe…
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When applying for a job you will likely read the entirety of the post carefully. You want to know what the job is described as, its responsibilities, the company culture, salary, and more. After all, it is important to see if you would be a good fit for the role.…
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In 1961 United States President John F. Kennedy implored people to take affirmative action to provide equal opportunity to all people regardless of characteristics such as their gender or the color of their skin. Affirmative action as we now know it is a federally backed program intended to foster diversity…
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Racial harassment is never okay. No matter where you are, you deserve to feel safe and respected whether it is in the comfort of your own home, a store, a public place, or your place of work. Racial discrimination is illegal in the workplace but unfortunately, it can still occur.…
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Being passed up for a promotion can feel like a rejection. It can be embarrassing, upsetting, and increasingly frustrating if it keeps happening again and again. Being discriminated against is never fun, and dealing with it in the workplace can be extraordinarily difficult. If you are a victim of promotion…
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The Americans with Disabilities Act, commonly known as the ADA, was passed by Congress in 1990 to protect people with disabilities from discrimination. This act, along with Georgia law, prohibits the discrimination of a person with a disability. Under the ADA, an employer cannot refuse to hire someone with a…
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Employment laws are put in place with the goal of protecting employees and their rights within an organization. Government agencies strive to eliminate all forms of bias in the workplace. Without having to deal with prejudices from employers and coworkers, employees may feel safer in their offices, work more efficiently,…
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Unforeseen circumstances arise all the time and occasionally demand your immediate and prolonged attention. If this happens to you, you may find yourself riddled with panic about how you’re going to manage your new situation while working and balancing daily responsibilities. That panic is the reason that leaves of absence…
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Few things are more upsetting than being unfairly denied a promotion, especially one you've been working so hard to get. That said, if you believe you were denied a promotion on the basis of a protected characteristic, such as your race, you may have a valid claim against your employer.…
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Are you concerned about workplace discrimination because of your disability? The Americans with Disabilities Act of 1990 was created to address discrimination against people with disabilities in various aspects of our day-to-day lives. As such, it can credibly be called a historic piece of legislation. But what exactly does it…
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Nowadays, social media is more prevalent than ever. By the nature of how these systems function, users are encouraged to share information, both with the website and app owners, as well as publicly and privately with other users. Many of us have heard the adage that the Internet is forever,…
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In Georgia as in most states, there are state and federal laws regarding your minimum wage. Employees who get tips in Georgia, however, aren’t covered by state laws. These employees are considered exempt from state minimum wage laws. Instead, if you receive tips, you are covered by federal laws that…
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If you’ve been racially discriminated against in the workplace, remember that there are United States laws to protect you and your rights. Keep reading to learn about some national and state resources able and ready to help you, and do not hesitate to contact an Atlanta employment discrimination attorney right…
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Is pregnancy discrimination the same as sex discrimination? Once upon a time, the highest court of the land may have answered “no” as a result of patriarchal prejudices trying to limit the scope of situations where marginalized groups were able to claim compensation. Nowadays, it may be said that pregnancy…
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Employment law can be complex and often overwhelming. Many employees and employers wonder about the legality and ethical considerations of an employer inquiring about an employee’s health or disability. It is crucial that you understand your rights as an employee and the context in which questions like this may arise.…
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“Paycheck deduction” means sums of money that your employer removes or “deducts” from your paycheck. You already know about some items your employer deducts from your pay, like federal taxes. But are there any other items your employer can deduct from your pay? What protections against paycheck deductions does Georgia…
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Regardless of which state you live in, so long as you live in the United States, you may be covered by the Fair Labor Standards Act (FLSA). This is an especially important consideration depending on your state, as American state law varies from jurisdiction to jurisdiction in how many protections…
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For decades now, internships have been key to finding work after college. Given how many university students participate in internships, finding and being accepted to an internship in your desired field is ever more important for being able to find employment at all. That being said, internships aren’t free from…
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There are several crucial laws intended as protection for employees who report the unlawful actions of their employers, whether within the same organization to a higher-placed manager or outside the organization, to the government or the public. Without these, many people would hide their knowledge of wrongdoing, for fear of…
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Most of us can think of times when we felt discriminated against in some way. Workplace discrimination presents unique difficulties because of how dependent our well-being is upon our current employment, which makes it not only more necessary to call out but also more stressful. This blog post will explain…
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According to the Fair Labor Standards Act, when a state internally has no laws regarding overtime pay, then federal law applies. For Georgia, overtime work and overtime pay are administered through both state and federal regulations. But what are state and federal laws on overtime? This blog will give you…
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There do exist claims you can advance without the help of a lawyer. This article will explore seeking redress for discrimination at work in Georgia, and why it’s helpful to have a lawyer by your side. Keep reading to learn more about anti-discrimination efforts in Georgia, and if you’d like…
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Remote workers, just like onsite workers, have a number of employee rights protections. Though remote work and onsite work have significant differences, there are also similar concerns. Sexual harassment can happen remotely, for instance, via offensive images shared without consent. Disabled employees might need specific equipment to work at full…
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Despite the laws on the books meant to prevent such abuse, countless employees every year have wages that they earned through their hard work taken by their bosses through unfair means. Many workers never try to fight for the right to their agreed-upon payment, and instead try to avoid retaliation…
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The legal protections available to LGBTQ employees across the United States are relatively recent. Georgia, in particular, lacks many workplace protections that are accepted and typical in other states. For example, no state law in Georgia prohibits employers from discriminating because of race. As a result of this legislative weakness,…
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Atlanta, Georgia, a bustling hub of commerce and culture, is home to countless independent contractors who provide their unique skills to a diverse array of businesses. Whether you're a graphic designer, a construction worker, or any other professional offering services as an independent contractor, understanding your rights is paramount. Please…
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If you are working long hours, you expect to be compensated for all that time. However, not every employee is actually eligible for overtime pay according to state and federal laws. It is important to know what “kind” of employee you are considered and whether or not your company is…
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You should be able to go to work and do your job in peace. If you instead have to walk into an environment where you are harassed and treated poorly, that can wear you down after a while. No one should have to deal with that, but what can you…
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Most job postings list off a variety of requirements for being considered for a position, but can the age of the applicant be one of their criteria? Age requirements seem like textbook discrimination since they could end up barring a perfectly qualified person from even getting their foot in the…
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Having your work schedule changed at the last minute can be annoying. Unfortunately, it is also well within the rights of your employer to switch up your hours whenever they want to. You do not even need to be notified well in advance or asked to consent to the change.…
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A hostile work environment is an extremely specific kind of harassment that people can face in the workplace. If you dread going to your job because of how others act and how you are treated, you may need the help of an Atlanta hostile work environment attorney. What Makes it…
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Whether you are working in an office or using company equipment when you work from home, you may be wondering just how much leeway your bosses have when it comes to watching what you do. Are they legally allowed to monitor the emails you send? What about your internet activity?…
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If you are sexually harassed at work, you need to take steps to protect yourself and begin building a case against the perpetrators. Sexual harassment is considered workplace discrimination, so the law already forbids it. Your own workplace likely has its own sexual harassment policy on top of that, but…
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There are many reasons why a company might decide to have a random drug testing policy. Maybe it is a concern with safety or your employer genuinely suspects that you or other employees are using drugs. Whatever the case may be, employers usually have a right to institute their own…
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When you are starting a new job, one of the most valuable resources can be a new employee handbook. These documents are often full of information that an employee can use, but it is actually not a requirement for companies to issue one in Georgia. If one does issue one,…
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For the most part, our hours outside of work should be our own. We should be free of our employer’s rules and allowed to act in accordance with our own beliefs and whims. Does this mean that workers can absolutely never be fired for their off-duty conduct? Unfortunately not. Employers…
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Sometimes an employee can invent something or improve a process, and generally these developments are considered to be new intellectual property. Who owns the intellectual property is not always clear though. Does the employee who made the advancement own it? Does the employer who gave them the resources own it?…
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Everyone has a right to privacy, but just how far does that right go in the workplace? Generally, you can expect some degree of privacy at your job, but your employer also has the right to monitor its property and what its own employees are up to. If you suspect…
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When you get hired by a new company, you are going to end up signing contracts and other paperwork. Sometimes you will find a non-compete agreement among that paperwork. They have been the source of some controversy in recent years and some states have changed the way they approach them,…
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If you are passionate about a cause or candidate, you may want to participate in protests or other activities that can affect change. Some workers have questions about how their political activism can affect their employment though. Does your employer have a say in what you do outside of work…
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If you are in a job interview and the interviewer asks you how old you are, is that against the law? You know that workplace discrimination is illegal and that age can be a protected class, but is just asking enough to qualify as discrimination? It actually is not. An…
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There are laws in place that can protect people from workplace discrimination, but things can get confusing when you are dealing with different laws passed at different levels of government. There are federal workplace discrimination laws and states can pass their own protections. Even cities can have their own workplace…
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If you know that your employer owes you money, do you have any legal recourse? Federal laws like the Fair Labor Standards Act are designed to protect employees and give them options when such issues arise. So yes, you can sue your employer for any unpaid wages. An Atlanta wage…
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If you have run into some problem with your employer and you believe that you need an employment lawyer, you can schedule a consultation. These initial consultations are important. They can help you learn more about your options and whether or not an employer might be in violation of local,…
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Discrimination in the workplace is actually a lot more common than most people realize. In a survey published in 2022, nearly half of the workers asked said that discrimination is a problem at their job. If you have experienced issues like this at your job, an Atlanta employment discrimination lawyer…
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You should expect that your employer will respect your faith and allow you to take time off for a religious holiday. Things do not always work out this way though, and that is when you may need the assistance of an Atlanta religious discrimination attorney. What Does State Law Say…
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Trying to pursue a workplace discrimination suit or wrongful hiring claim on your own can be difficult. Hiring an Atlanta employment discrimination attorney can make it easier to build a case and fight for your rights as an employee. An employment lawyer from our firm is ready to use all…
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If you are facing workplace discrimination, you need to hold those responsible accountable for their actions. You can file a complaint and report the discrimination, but which agency you report to can differ based on whether or not you are a state employee or you are working in the private…
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A constructive dismissal, sometimes called a constructive discharge, is essentially a claim of wrongful termination with a twist. In cases like these an employee quit instead of being fired. This can seem like it is not a termination at all, but if the employee quit because the workplace was excessively…
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Most people think of harassment or discrimination at work and think that it must come from a coworker or a boss. In some cases, these issues can actually be traced back to third parties, like customers. If you are facing a problem like this, an employer needs to help you…
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You are protected by the federal Genetic Information Nondiscrimination Act, also known as GINA. It is illegal for your employer to discriminate against you using your genetic information. As genetic testing becomes more common, the need for this information to be protected has arisen. It can nonetheless be scary to…
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Do you feel like you are being treated unfavorably because of your race? Or maybe you noticed that because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features), you have been receiving unfair treatment. This can be a painful and embarrassing situation to…
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As you may know, certain jobs are inherently more dangerous than others. For example, a construction worker generally faces a greater risk of injury on a day-to-day basis than an office worker does. That being said, OSHA violations can occur in all lines of work, and often, they lead to…
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There is nothing worse than being discriminated against in the workplace. Unfortunately, this is something that happens all the time. Recently, more and more transgender individuals have been reporting discrimination in the workplace, and though this is tragic and unacceptable, transgender employees do have rights, and our firm is here…
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