FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce that six partners, Geetha N. Adinata, Frank L. Day Jr., Patricia G. Griffith, Kimberly Ross, Mark Saloman, and Dawn Siler-Nixon were listed in Lawdragon’s 500 Leading U.S. Corporate Employment Lawyers Guide in 2023. The list honors more than 200 attorneys who specialize in employment litigation, defending trade secret, discrimination, ERISA, wage and hour and other claims. Also, included are 75 immigration specialists and a similar number of employee benefits and executive compensation gurus. To view Lawdragon’s full 500 Leading U.S. Corporate Employment Lawyers Guide, click here.
EntertainHR: Don’t Be Punk’d Without a Workplace Violence Policy
I have a confession to make.
To the embarrassment of my family, especially my wife, I continue to watch professional wrestling. I’m a sucker when an entire arena is directing “heat” (negative reactions like booing) at a “heel” (the “bad guy”). And when the “babyface” (the “good guy”) is about to
Noncompete News: The More Things Change, the More They Remain the Same: Georgia Supreme Court Addresses Choice of Law Provisions in Noncompete Context
Historically, Georgia courts have declined to apply another state’s law to determine whether to enforce restrictive covenants against a Georgia employee, regardless of whether the agreement stated that another state’s law controlled (choice-of-law provision). So, too, Georgia’s law has long distinguished between restrictive covenants that are reasonable (in scope, duration, and geographic reach) and those that are unreasonable; the former are enforceable, while the latter are considered “in general restraint of trade.” Contracts that are “in general restraint of trade” are “deemed to be contrary to public policy” and “cannot be enforced” in Georgia. O.C.G.A. 13-8-2(a).
A Continuing Discussion on the Opioid Epidemic and the Workplace – Part 1
Executive Summary: As promised, this is the first of multiple Alerts that will explore the details of the ongoing opioid epidemic, identify relevant issues for employers to analyze, and provide suggestions on how to effectively navigate this complicated and highly problematic issue.
Lizzo Lawsuit Shows Employers ‘It’s About Damn Time’ They Train Their Managers
Recently, one of my favorite artists, Lizzo, made headlines when three of her backup dancers filed a lawsuit in Los Angeles Superior Court against her, her tour company (Big Grrrl Big Touring Inc.), and her dance team captain. There are various allegations in this lawsuit, but I want to
DOL’s New Proposed Overtime Rule Would Drastically Increase the Salary Threshold for the White Collar Overtime Exemption
Executive Summary: Under a new proposed rule from the U.S. Department of Labor (DOL), released on August 30, 2023, more than 3.4 million workers would be newly eligible for overtime pay unless employers pay a much higher salary threshold. Currently, workers who are paid a salary of at least $35,568 annually and work in a “bona fide executive, administrative, or professional capacity”—often called “white collar” or “EAP” exceptions—are not covered by the federal Fair Labor Standards Act (FLSA) requirements for employees to receive overtime at a rate of one-and-one-half their regular rate of pay for time worked beyond 40 hours in a week.
OFCCP Announces New Scheduling Letter for Federal Contractors
On August 25, 2023, OFCCP issued a new Scheduling Letter and Itemized Listing (the “Scheduling Letter”) effective the day before publication and applicable to all compliance reviews initiated on or after August 24, 2023.
HEADS, I WIN – TAILS, YOU LOSE: The NLRB’s Decision in Cemex and Its Recently (Re)issued Election Rules Pave the Way for Unions to Organize Workplaces Quickly With or Without an Election
Executive Summary: For nearly 90 years, whether employees desired union representation was determined through a secret ballot election administered by the National Labor Relations Board (NLRB or Board). Though the National Labor Relations Act (Act) permits the use of other means to establish a union’s majority support, the Board and courts have long recognized the “method that best protects employees’ freedom of choice and best ensures majority rule is a Board-conducted, secret ballot election.” After legislative efforts to replace secret ballot elections with “card check” recognition failed (see, e.g., the Employee Free Choice Act and the Protecting the Right to Organize Act), the unelected NLRB has effectively done so on its own.
Fifth Circuit Overrules Long-Standing Precedent to Align Itself with Other Courts Addressing Title VII Claims
Executive Summary: The United States Court of Appeals for the Fifth Circuit (which covers Texas, Louisiana and Mississippi) recently held that Title VII plaintiffs can show they were subjected to an adverse employment action for purposes of a Title VII claim even if they were not subjected to an “ultimate employment decision.”
OFCCP Issues Final Rule Dialing Back Transparency Promised in 2020 Predetermination Notice Regulation
Executive Summary: On August 4, 2023, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) published a final rule amending the 2020 pre-enforcement regulations colloquially referred to as the “PDN Rule.” A PDN or a Predetermination Notice is a letter that OFCCP issues to notify contractors, currently undergoing a compliance review, that the agency has identified preliminary indicators of potential discrimination. The PDN provides contractors with an early opportunity to respond prior to OFCCP issuing a Notice of Violation (NOV). The 2020 PDN Rule was hailed by OFCCP as a sign of its commitment to transparency and early, efficient resolution of open audits. While the final rule does not eliminate the requirement that OFCCP issue a PDN, the level of transparency promised and the evidentiary standard for issuing the PDN have been significantly reduced.
Pregnant Workers Fairness Act – EEOC Proposed Regulations
On December 29, 2022, President Biden signed into law the Pregnant Workers Fairness Act (PWFA) expanding workplace protections for pregnant and nursing employees.
Potential NFL Running Back Union? Lessons To Be Learned from Derrick Henry And Other Top RBs As They Discuss Feeling Devalued In Their Positions
Celebrating Growth and Expertise: FordHarrison Introduces a Stellar Team of Eight New Attorneys
FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce that the firm recently added eight associates to offices throughout the U.S. including Atlanta, Berkeley Heights, Los Angeles, Nashville, Orlando, St. Louis, and Tampa.
Davis Bacon Regulations Undergo First Comprehensive Overhaul in 40 Years
On August 8, 2023, the U.S. Department of Labor (DOL) issued a Final Rule overhauling the Davis Bacon Act (DBA) regulations governing the prevailing wages for construction workers performing work on federal contracts.
The Board’s Latest Decision Serves as a Reminder – The Devil is in the Details
On Wednesday, August 2, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued its long-awaited decision in Stericycle, Inc., 372 NLRB No. 113 (2023) wherein it adopted a new legal framework for assessing whether workplace rules violate the National Labor Relations Act (“NLRA”).