How Can You Tell Whether a Worker is an Employee or an Independent Contractor?

The distinction between an employee and an independent contractor is a little-understood area of the law for employers and employees alike.  But, it is essential to determine in which category a worker fits in order to make sure that the worker is paid correctly and also to make sure that the applicable tax laws are […]

When Is An Employee Exempt From The Overtime Provisions Of Federal Wage & Hour Law?

Employers and employees have many misperceptions regarding who may be covered by the overtime pay requirements of federal wage & hour law1. For example, an oft-cited misperception is that office workers are not covered (i.e. exempt from eligibility for overtime compensation), but that manual laborers are covered. In fact, sometimes office workers are exempt and […]

Outcome Of Recent 11th Circuit Decision On Restrictive Covenants Likely Would Have Been Less Favorable To Employer Had New Restrictive Covenants Act Been In Effect

The United States Court of Appeals for the Eleventh Circuit (based in Atlanta) recently issued a decision interpreting Georgia’s caselaw governing restrictive covenants in employment agreements. The Court enforced the covenants and reversed a decision by the District Judge that the covenants were not enforceable. This decision has been cited by supporters of Georgia’s upcoming […]

U.S. Department Of Labor Adopts New Wage & Hour Rules Applicable To Interns

Students looking to explore a career interest or to gain experience have long been willing to provide their services as unpaid interns in situations in which the students either cannot locate a paid position or are able to make financial ends meet while working in an unpaid position. In recent years, prospective employers have begun […]

Employees Are Protected From Adverse Employment Actions Resulting From The Garnishment Of Wages In Georgia

It is a common practice in Georgia for someone who holds a judgment to garnish the debtor’s wages to satisfy the debt. Georgia law allows the garnishment of wages, independent contractor compensation, payments for goods, bank accounts, and any other money that is owed by any person or entity to the debtor. The garnishment statute […]

Georgia Referendum On Restrictive Covenants In Employment Agreements

By Mari L. Myer, The Myer Law Firm, Decatur, Georgia 1 Georgia has long had a reputation for being very friendly to employers except in one area:  it is difficult to enforce a post-employment restriction against an employee either competing with the employer or soliciting business from the employer’s customers. These restrictions are commonly referred […]