Employers Beware of Rules Against Employee Discussion of Internal Investigations
8/1/12
By: David Cole
On July 30, the NLRB issued a decision in the case of Banner Estrella Medical Center, which highlights the dangers of blanket instructions or policies prohibiting employees from discussing internal investigations. The company’s human resources manager …
Georgia Court Raises Standard for Whistleblower Actions
7/30/12
By: Kelly Morrison
The Georgia Court of Appeals, in Fulton County v. Colon, recently issued a ruling on whistleblower lawsuits, which may significantly narrow the scope of actions that can be brought against governmental entities by disgruntled employees.
The …
The Eleventh Circuit Rules First Restrictive Covenant Law as Unconstitutional
6/27/12
By: Brad Adler
For those that have followed the saga over the passage of the new restrictive covenant law, the Eleventh Circuit (without much fanfare) has chimed in on the issue and ruled that the Georgia legislature’s first attempt to …
Supreme Court Rules Pharmaceutical Sales Reps Are Exempt
6/21/12
By: Brad Adler
Great news for employers with sales professionals in the pharmaceutical industry. The Supreme Court ruled on Monday that pharmaceutical sales people are exempt from the FLSA’s overtime requirements under the “outside sales” exemption.
Previously, federal circuit courts …
Implications of Wisconsin Recall Vote on Public Sector Unions
6/20/12
By: Jason Mitchell
Governor Scott Walker survived June 5th’s recall vote by a margin of 7% or roughly 173,00 votes. Because public sector union rights played an important role in the recall campaign, the outcome likely will carry significant …
Retaliatory Hostile Work Environment Claim Recognized by Eleventh Circuit
6/18/12
By: Joyce Mocek
In a case of first impression for the Eleventh Circuit, the Court in Gowski v. Peake held that a retaliatory hostile work environment was a viable claim. The Court also noted that although discrete acts cannot alone …
New Guidelines on Social Media Policies
5/11/12
By: Joyce Mocek
Last week, the Acting General Counsel of the National Labor Relations Board (NLRB) issed a 24 page report containing specific guidelines for employers on their policies concerning social media use. This is the third report that the …