New Executive Order and Memorandum Regarding Pay Discrimination Enforcement for Federal Contractors
4/14/14
By: Joyce Mocek
Recently, to honor Equal Pay Day, President Obama amended Executive Order 11246 to further prevent workplace discrimination and empower workers to take control over negotiations regarding their pay. The Amendment is intended to prohibit discrimination or retaliation …
NOT IT! The Ability to Apportion Fault Just Got a Little Easier in Georgia
4/7/14
By: Katie Dod
“NOT IT!” can be a great childhood (or even adult) phrase to avoid chores or other unpleasantries of life, but it can also be a critically important concept for defendants in premises liability cases when non-party entities …
Severance Payments are Subject to FICA Taxes
4/1/14
By: Jonathan Kandel
Many companies offer terminated employees severance packages. This is true whether the employee is terminated as part of a layoff (or reduction in work force) or for other reasons. Earlier this week, the U.S. Supreme Court ruled …
“Just the Carfax, Ma’am.”
4/1/14
By: Michael Wolak
While Dragnet’s Joe Friday was interested only in “the facts,” more than 530 automotive dealers throughout the country are interested in the “Carfax.” As of March 2014, the number of auto retailers joining the $250 million antitrust …
More Target-Related Lawsuits
4/1/14
By: David Cole
In credit card data breaches, individual consumers are usually not directly harmed because they are issued new cards and not held responsible for fraudulent charges. Instead, it is the card issuers that are usually harmed because they …
Georgia Court Says FIRREA Imposes Jurisdictional Bar to D&O Insurer’s Failed Bank Coverage Action
4/1/14
By: Michael Wolak
In a recent decision that could dramatically change the face of failed bank insurance coverage litigation, a federal district court judge reaffirmed earlier holdings that a failed bank’s D&O insurer’s declaratory judgment action against the FDIC (as …
The Working Vacation
3/28/14
By: Lisa Gorman
When is the last time you took a vacation without your phone? Unless you’ve traveled someplace without cell reception, the answer is likely never. If you’ve brought your phone on vacation, and your work email is accessible …
College Football Players Are “Employees” And Can Unionize
3/27/14
By: Jonathan Kandel
In a surprising decision issued yesterday, the National Labor Relations Board’s (NLRB) Regional Director in Chicago ruled that scholarship football players at Northwestern University qualify as “employees” under the National Labor Relations Act (NLRA) and, therefore, can …
Florida Joins Georgia In Declaring Non-Economic Caps on Damages to be Unconstitutional
3/27/14
By: Scott Rees
Florida recently joined Georgia and at least five other states when its Supreme Court in a 5-2 decision ruled that a non-economic cap on damages in medical malpractice wrongful death cases is unconstitutional. The caps were part …
Contractors Win Big in Recent Federal Court Ruling
3/27/14
By: Gautam Reddy
A recent federal court ruling marked a decisive victory for contractors engaged in federal government projects. The case, Metcalf Construction Co. v. United States, Case No. 2013-5041 (Fed. Cir. Feb. 11, 2014), involved two majors issues: …
EEOC Holds Meeting on Social Media – Highlights Social Media Issues in Hiring Practices
3/21/14
By: Amanda Cash
On March 12, 2014, the EEOC convened a “listening session” to gather information about the growing use of social media and its impact on EEO issues. For employers, the EEOC meeting highlighted some pertinent concerns. In particular, …
White House Seeks an Increase in the Minimum Guaranteed Salary of Exempt Workers
3/17/14
By: Brad Adler
You may already know about the President’s push to increase the federal minimum wage from $7.25 to $10.10, but it may come as a surprise that the White House is now seeking an increase for even exempt …