Prior to the enactment of the Georgia Restrictive Covenant Act (“RCA”), Georgia courts interpreted noncompete provisions entered into in the context of selling a business differently than they did between employers and employees. Indeed, under prior law, courts were allowed to “modify”—strike out and narrow, but not supply entirely missing terms—an otherwise overbroad noncompete in the “sale of business” context, but could not modify one in the employer-employee context.
EntertainHR: Yippee-Ki-Yay! Best Practices for Your Holiday Party
Now that Thanksgiving has passed, the first frost has turned to the first snow (at least here in the Upper Midwest), and Michigan has beaten Ohio State (again), the transition to holiday season is underway, and everyone can resume their favorite December debate. Contrary to popular opinion, it’s not:
New York Employers Now Face Yet Another Change in their Ability to Obtain Confidentiality and Enforcement of Nondisparagement Provisions in Separation Agreements or Settlement Agreements
Executive Summary: New York employers who use separation agreements or settle claims of harassment, discrimination, or retaliation must ensure they comply with a new amendment to Section 5-336 of the New York General Obligations Law.
Three FordHarrison Attorneys Named to the 2023 Mid-South Super Lawyers and Rising Stars Lists
FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce that four attorneys in the firm’s Tennessee offices have been selected for inclusion on the 2023 “Mid-South Super Lawyers” list or the 2023 “Mid-South Rising Stars” list by Super Lawyers magazine. Attorneys recognized as “Mid-South Super Lawyers” include Louis P. Britt III, Partner – Senior Status, Memphis; and Mark E. Stamelos, Partner, Nashville. Mollie K. Wildmann, Senior Associate, Memphis, was named “Mid-South Rising Star.”
FordHarrison Welcomes Five New Associates
FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce that the firm recently added five associates to offices throughout the U.S. including Dallas, Orlando, Richmond, and Tampa.
EntertainHR: Gone Too Soon – Matthew Perry’s Tragic Loss and the Importance of Employee Assistance Programs
Beloved Actor, Matthew Perry, perhaps most famously known for his iconic role as Chandler Bing on the long-running NBC television sitcom, “Friends,” recently passed away on October 28, 2023, at age 54 in his home in Pacific Palisades, California. According to law enforcement sources, the well-known actor, comedian, and producer,
Guidance for Employers to Ensure Workplaces Remain Free from Antisemitism
Executive Summary: The unprecedented increase in antisemitism in the workplace may subject employers to liability under federal and state laws prohibiting discrimination on the basis of religion, race, national origin and ethnicity. This Alert addresses some steps employers can take to ensure their workplaces are free from discrimination and antisemitism and are in compliance with state and federal laws. Doing so not only protects employers in the case of discrimination litigation but also ensures a safe and productive work environment for all employees, including Jewish employees.
Matthew Banocy Named to 2023 Missouri Rising Stars List
FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce that Matthew B. Banocy, Partner in the firm’s St. Louis office, was named to the 2023 Missouri Rising Stars list by Super Lawyers magazine.
“The U.S. Department of Labor’s Proposed Overtime Changes: Employee Salary and Classification Considerations”
Under a new proposed rule from the U.S. Department of Labor (“DOL”), millions more workers would be eligible for overtime pay unless employers pay a much higher salary threshold. As it stands, under the Fair Labor Standards Act (“FLSA”), employees 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 FLSA requirements for employees to receive overtime at a rate of one-and-one-half times their regular rate of pay for time worked beyond 40 hours in a week. If adopted, the new proposed rule — which would be updated every three years — would raise the annual salary level threshold to over $55,000 for white collar exemptions, and to $143,988 from $107,432 for “highly compensated” employees.
FordHarrison’s DEIA Taskforce Providing Employers Privileged DEI Compliance Audits
FordHarrison LLP is pleased to announce that the firm’s Diversity Equity and Inclusion Practice Group is implementing a Diversity, Equity and Inclusion Audit (DEIA) Taskforce in an effort to get ahead of the movement to dismantle voluntary workplace diversity programs and guide employers through a proactive analysis of proposed and ongoing DEI programs and initiatives for compliance with federal, state and local employment laws.
FordHarrison Awarded 2024 “Best Law Firms” Tier 1 Rankings by U.S. News – Best Lawyers
FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce that the firm has received Tier 1, Tier 2, and Tier 3 Rankings in the 2024 Edition of U.S. News – Best Lawyers list of “Best Law Firms.” Firms included in the 2024 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a ranking signals a unique combination of quality law practice and breadth of legal expertise.
Have You Audited Your DEIA Initiatives? If Not, You Should
Executive Summary: Following the Supreme Court’s decision in SFFA v. Harvard/UNC, Attorneys General from 13 states and United States Senator Tom Cotton of Arkansas sent letters to business leaders, warning of potential legal risks associated with their Diversity Equity & Inclusion (DEI) programs.
EntertainHR: Workplace Investigation Tactics Lead to the ‘Fall of the House of Usher’
Let’s say you’re the CEO of Fortunato Pharmaceuticals a multi-billion dollar company that’s been owned and operated by your family for generations.
The Fall of the House of Usher (Courtesy of Eike Schroter/Netflix)
Your kids all lead their own, individual subsidiaries that you’ve funded once they present you
“Sixth Circuit Case Highlights Belo Contract Litigation Risks,” Law360
Atlanta attorney Rick Warren was quoted in the Law360 article, “6th Circ. Case Highlights Belo Contract Litigation Risks.” The article discusses a Sixth Circuit case involving a company in the oil and gas industry, highlighting the complexities and potential risks associated with Belo contracts, which provide guaranteed overtime pay arrangements for irregular working hours that some attorneys say create compliance hurdles and litigation risks.
NLRB’s Final Rule Revamps Definition of Joint Employers – What Employers, Franchisors, and Staffing Agencies Should Know
Executive Summary: Yesterday (October 26, 2023), the National Labor Relations Board (NLRB) issued its final rule addressing the standard for joint employer status. It expands liability for affiliated businesses, mandating collective bargaining under the National Labor Relations Act and potentially holding franchisors and staffing agencies liable for unfair labor practices committed by the primary employer.