Six Steps to Stop FLSA Cases that are Plaguing Employers
2/1/12
By Ben Mathis
The dramatic growth of cases alleging employees did not receive all payments due under the Fair Labor Standards Act (FLSA) continues to show no signs of slowing. The number of FLSA cases has more than tripled in …
Opportunities and Risks for Contractors in a Rebounding Economy
2/1/12
By Kamy Molavi
Despite periodic reports of Europe’s progress in dealing with the Greek sovereign debt debacle, neither Greece nor other (and larger) European economies are out of the woods, and the continent may be on the verge of another …
Is $25 Billion Enough to Cure the Mortgage Crisis?
2/1/12
By Stephanie Stewart
On January 23, 2012, state attorneys general from across the country received the draft of a proposed $25 billion settlement agreement with the nation’s largest banks that would substantially restructure foreclosure and mortgage services practices. The five …
Over There, But Still Here–U.S. Employment Laws in the Global Workplace
2/1/12
By Mary Anne Ackourey and La’Vonda McLean
The globalization of American business activities has resulted in employers increasing the number of employees they place on international assignments. This presents a unique challenge regarding the applicability of United States employment laws …
Ticking Time Bomb: Defusing the Ineffective Litigation Hold Letter
2/1/12
By Sun Choy and David Cole
The pitfalls of e-discovery are real. The failure to preserve electronically stored information after receiving notice of litigation or once litigation becomes reasonably foreseeable may have serious consequences, including costly and potentially devastating sanctions …
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 …
12/29/11
By Matt Stone
In a further effort to reduce distracted driving, the Federal Motor Carrier Safety Administration (FMCSA) has issued rules restricting the use of mobile telephones while driving a commercial motor vehicle (CMV). The new rules apply to drivers …
First E-Verify Reports Due December 31st
12/16/11
By David Cole
As the end of the year approaches, it is important for all Georgia employers to be aware of new requirements under the Georgia Illegal Immigration Reform and Enforcement Act of 2011. For cities and counties, their first …
12/5/11
By Ben Mathis and Jonathan Kandel
After several postponements, the National Labor Relations Board (“NLRB”) recently announced that it is going forward with a new rule requiring most private employers to post notices regarding employee rights under the National Labor …