Dangers of Hiring Independent Contractors
7/22/13
By: Leanne Prybylski
Many contractors hire independent contractors, rather than employees, to avoid paying taxes and benefits. Contractors should be aware, however, that the costs of misclassifying employees as an independent contractors could end up being more expensive than it …
Georgia Court of Appeals Decides Rare Case on Electronic Discovery
6/27/13
By: Bart Gary
On June 18, 2013, the Georgia Court of Appeals decided a case involving electronic discovery. In a business dispute, and in response to about 100 unique requests for production of documents from the plaintiff, defendants scanned all …
Fourth Circuit Voids NLRB Posting Rule
6/18/13
By: Anthony Del Rio
Last week the Fourth U.S. Circuit Court of Appeals struck down the National Labor Relation Board’s (NLRB) 2011 poster rule. The rule required employers to post information regarding employees’ rights to organize under the National …
Supreme Court Upholds Arbitrator’s Class Ruling
6/14/13
By: Anthony Del Rio
This week, in Oxford Health Plans v. Sutter, the Supreme Court upheld the authority of an arbitrator to interpret an agreement to permit class arbitration. While the Court expressed some doubt regarding whether the arbitrator …
DOL Issues Model “Notice of Exchange” for Use by Employers
5/28/13
By: David Cole
The U.S. Department of Labor recently released new guidance on the “Notice of Exchange” employer disclosure responsibility under the Affordable Care Act, along with two model notices that employers may use to meet this requirement. Under the …
New Limitations to Application of Georgia Restrictive Covenants Act
5/23/13
By: Joyce Mocek
Recently, a Fulton County Superior Court judge, in an unpublished order in the case of Cone v. Marietta Recycling Corporation, limited the application of the Georgia Restrictive Covenants Act, and provided guidance on whether a company …
NLRB Provides Guidance on Investigation Confidentiality Policies
4/22/13
By: Anthony Del Rio
In July 2012, the National Labor Relations Board (“NLRB”) ruled that a blanket policy requiring confidentiality during all internal workplace investigations violates employees’ rights under Section 7 of the National Labor Relations Act (“NLRA”). The ruling …
U.S. Unemployment Rate Edged Down in February 2013
3/29/13
By: Brad Adler
The U.S. Bureau of Labor Statistics recently reported that the U.S. unemployment rate fell to 7.7 percent in February, down slightly from 7.9 percent in January, 2013. Among the major groups, the unemployment rate for Caucasians declined …
IMAGE Raises the Bar for Immigration Enforcement Practices
3/29/13
By: Kelly Morrison
In Georgia, the mandatory E-Verify date is creeping closer. As of July 1 of this year, every employer with 10 or more employees will be required to register and use the online program, which verifies employment eligibility …
Employee Fired for Tweeting Complaint About Sex Jokes
3/26/13
By: David Cole
This USA Today article is another example of how social media is presenting new legal issues in the workplace. According to the story, the tech company SendGrid fired a female employee named Adria Richards because she tweeted …
Liquidated Damages are Discretionary in FLSA Retaliation Case
3/22/13
By: Joyce Mocek
The Eleventh Circuit Court of Appeals recently held that the standard for awarding plaintiffs liquidated damages in a retaliation claim under the Fair Labor Standards Act (FLSA) is different from that used for claims of minimum wage …
New FMLA Poster and Model Forms Issued
3/8/13
By Amy Bender
The Department of Labor (“DOL”) has issued a revised Family and Medical Leave Act (“FMLA”) notice poster that all covered employers are required post by March 8, 2013. This poster summarizes the major provisions of the …
