NLRB Holds Arbitration Clauses that Restrict Class Actions Violate the NLRA
1/11/12
By Brad Adler and Anthony Del Rio
On January 6, 2012, the National Labor Relations Board (NLRB) released a decision holding that employers cannot require employees to sign arbitration agreements that bar employees from bringing class (including collective) claims before …
Another Risk of Using Independent Contractors – Workers’ Compensation Laws
1/1/12
By Bart Gary and Leanne Prybylski
Many businesses see the use of independent contractors as a way to circumvent laws applicable to employees, such as wage and hour laws, withholding of taxes and FICA and employee benefits. Frequently, the benefits …
Georgia May Join Minority View of Assignability of Legal Malpractice Claims
1/1/12
By Dana Maine
Georgia may be on its way to joining the minority of states holding that, under some circumstances, legal malpractice claims can be assigned. In a case of first impression, the Georgia Court of Appeals held in Villanueva …
The Rise of Retaliation and Whistleblower Claims
1/1/12
By Ben Mathis and Anthony Del Rio
Retaliation claims against employers are on the rise, and all employers must be cognizant of the increased legal risk of such claims. In 2010, for the first time ever, retaliation surpassed race discrimination …