Georgia News & Analysis

  • Online job portals and the risk of website accessibility lawsuits under the ADA

    Your HR office likely uses a Web-based career portal. Applicants rely on the portal to search and view job opportunities as well as submit applications for employment. In recent years, however, an explosion of website accessibility lawsuits filed under the Americans with Disabilities Act (ADA) should make you consider reviewing not only your online job portal but also your organization's website as a whole.

  • DOL fluctuates on fluctuating workweek rules

    The U.S. Department of Labor (DOL) recently issued a proposed rule that would make it simpler for some employers to implement a fluctuating workweek (FWW) method of calculating overtime pay for certain employees.

  • Pregnant patrolman's PDA claim proceeds to trial

    In a recent case before the federal district court in Baton Rouge, an employer's failure to consider a pregnant employee's request for an accommodation, along with a decision maker's statement that she should "not stay pregnant" if she wanted to keep her job, created potential liability for the employer. Let's take a look at what happened and why the case is headed to trial.

  • Performing duties promptly and without overtime: essential job function or not?

    It wasn't the devil going down to Georgia. Instead, it was an employee going out to Yellowstone. What could possibly go wrong? Oh, just a snowmobiling accident followed by some accommodation requests and the employee's inability to promptly perform her essential job functions. A Texas federal court recently tackled the case and provided guidance that could assist employers in Mississippi and elsewhere.

  • Parish secretary's Title VII claims dismissed for lack of evidence

    The federal district court in New Orleans recently determined that a former employee didn't present enough evidence to continue with a lawsuit in which she claimed that St. Bernard Parish's decision to terminate her was retaliatory and that she was subjected to a hostile work environment. Title VII of the Civil Rights Act of 1964 prohibits employers from terminating employees for reporting coworkers' wrongful conduct. It also prohibits pervasive harassment in the workplace. Let's take a look at how St. Bernard Parish successfully defended the lawsuit and what it did correctly and incorrectly in the months leading up to the litigation.

  • Handling office romance in #MeToo era: Know your options

    As Valentine's Day nears, love is in the air—and oftentimes in the workplace. Although workplace romance is common, it can make HR professionals fret about all the what-ifs. What if a relationship is between a supervisor and a direct report? What if rumors of favoritism poison the workplace environment? What if one or both participants is married to someone else? What if a couple's public displays of affection make coworkers uncomfortable? What if a relationship goes sour and the breakup affects morale? And perhaps the most important question to consider: What if a relationship is one-sided and is more accurately described as sexual harassment instead of consensual?

  • Alabama minimum wage law preemption upheld (for now)

    The dismissal of a lawsuit challenging the Alabama Uniform Minimum Wage Law was recently upheld by the full U.S. 11th Circuit Court of Appeals (which covers Alabama). In 2016, the state legislature enacted the statute to preempt any attempts by local governments to set higher minimum wage rates at the city or county level.

  • Cutting-Edge HR

    Report identifies most important skills for recruiters. LinkedIn's new Future of Recruiting report identifies the number one priority for recruiting organizations during the next five years will be keeping pace with rapidly changing hiring needs. The report finds that talent analytics roles have grown by 111% since 2014. The data also show that the three skills that will become more important over the next five years are the ability to engage passive candidates, the ability to analyze talent data to drive decisions, and the ability to advise business leaders and hiring managers. Among the other findings, the report notes that demand for recruiting professionals is at an all-time high, the career path to becoming a recruiter is evolving, and deeper investments in technology will be required to find quality candidates.

  • Federal Watch

    NL GAEMPRB releases 2019 case-processing data. The National Labor Relations Board (NL GAEMPRB) has announced progress in case processing in three of its divisions for fiscal year (FY) 2019. The Office of Appeals, which reviews appeals by employers, unions, and individuals who believe their unfair labor practice allegations have been wrongly dismissed by an NL GAEMPRB regional office, reduced its backlog of cases from 294 in FY 2018 to 98 in FY 2019. The Division of Advice, which provides guidance to the regional offices on difficult and novel issues arising in the processing of unfair labor practice charges, reduced the average age of closed cases for FY 2019 to 38.6 days, a 9.8% reduction from FY 2018. The Board's Freedom of Information Act (FOIA) Branch processes all FOIA requests made to the agency. In FY 2019, the branch reported that it responded within 20 working days to 67.5% of FOIA requests and 90% of FOIA appeals.

  • HR Technology

    AI ready to make impact on HR? As artificial intelligence (AI) continues to make an impact on business, HR may be poised to feel the impact soon. In December 2018, tech marketplace firm G2 looked ahead to HR trends set to emerge in 2019 and beyond. One prediction: AI-driven HR technology innovations will see a significant increase. The G2 research found companies increasingly leveraging AI technology to help identify data opportunities, improve internal workflows, and increase productivity. AI-embedded HR technologies also were predicted to improve the employee experience, which begins with the candidate experience. AI also was predicted to enhance the employee lifecycle from recruiting through offboarding since the technology can help businesses treat their candidates and employees like loyal customers.