Trends and the Economic Impact Involving Workplace Injuries
12/6/17
By: Jac O’Delle E. Wright
Employers, agents, brokers and insurers have every reason to keep up-to-date regarding trends and the economic impact involving workplace injuries. Because of frequent changes, including those involving workers’ compensation legislation and case law, safety management …
11/20/17
By: Paul H. Derrick
For years, the Farm Labor Organizing Committee, a small Ohio-based union that is the only labor organization representing farmworkers in the State of North Carolina, has used actual and threatened lawsuits as a means of getting …
You’ve Got Mail! – EEOC Charge Filing Process Is Now Available Online Across the Country
11/17/17
By: William E. Collins, Jr.
For many people, “You’ve Got Mail” evokes fun memories of Tom Hanks and Meg Ryan bickering and then falling in love over the internet in the popular 1998 romantic comedy. Now, however, this phrase may …
En Banc Eleventh Circuit Decision May Substantially Undermine Judicial Estoppel Defense
11/17/17
By: William H. Buechner, Jr.
A decision recently issued by the Eleventh Circuit sitting en banc may substantially undermine the judicial estoppel defense in employment cases.
A judicial estoppel defense may arise in many contexts, but the most common scenario …
To FMLA or not FMLA, that is the question…
11/10/17
By: Christopher M. Curci
FMLA and ADA leave questions are some of the most frequent that we receive from our clients. Deciding whether an employee’s absence should be designated as FMLA leave, or granted as a reasonable accommodation under the …
Reminder: New York’s Paid Family Leave Program Goes Into Effect January 1, 2018
11/7/17
By: Robyn Flegal
In 2016, New York Governor Andrew Cuomo signed the nation’s most comprehensive paid family leave policy into law. New York will join California, Rhode Island, and New Jersey as the only states providing a paid family leave …
11/6/17
By: William E. Collins, Jr.
The recent spike in claims against employers involving employee biometric data is a reminder that employers across the country should use caution before implementing technology utilizing employee biometric information.
How and Why Employers Use Biometric …
Recent Cases Remind Georgia Employers to Update Restrictive Covenant Agreements
11/6/17
By: Amy C. Bender
Many employers, in an effort to protect their valuable personnel and information, require employees to sign agreements containing restrictive covenants, which may include covenants not to compete, not to solicit employees or customers, or not to …
NLRB Tells Appellate Court that Racial Harassment by Picketers is OK
11/1/17
By: Paul H. Derrick
The National Labor Relations Board is urging the full Eighth Circuit Court of Appeals not to review a 2-1 panel decision that found a union picketer’s racially derogatory comments toward black replacement workers to be protected …
10/31/17
By: Laura S. Flynn
Massachusetts, Delaware, Oregon, California, New York City, Philadelphia and San Francisco have passed laws banning employers from asking applicants about their salary history. The intent behind the legislation is to discourage perpetuation of the gender wage …
California Bans Employers from Seeking Salary History Information
10/24/17
By: Laura Flynn
California has joined a growing number of states and cities that ban employers from inquiring as to a job applicant’s salary history. Governor Brown recently signed California Labor Code section 432.3 into law. It becomes effective on …
Employee Claim is Scattered, Smothered, and Covered by Waffle House Arbitration Agreement
10/19/17
By: Brad Adler and Will Collins
A recent Georgia Court of Appeals case not only reinforced that state law permits the Federal Arbitration Act (“FAA”) to control arbitration agreements, but also illustrated that state law broadly interprets and defines claims …