Adam Gates

Adam Gates

Baker Donelson

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Even Under the ADA, Some Jobs Require Being On-Site; Court of Appeals Decision Offers Lessons

Last month in EEOC v. Ford Motor Co., 782 F.3d 753 (6th Cir. 2015) (en banc), the United States Court of Appeals for the Sixth Circuit found that a Ford employee was not qualified for her job under the ADA because she was not...more

5/20/2015 - ADA Attendance EEOC Essential Functions Ford Motor Interactive Process Reasonable Accommodation Telecommuting

The White House's So-Called "Black List" Order Aims to Deny Federal Contracting with Companies Not in Compliance with Federal...

In July 2014, President Obama issued an Executive Order dubbed the Fair Pay and Safe Workplaces order that, once implemented, will allow the government to deny a company a contract if it or certain subcontractors violated –...more

3/18/2015 - Employer Mandates Executive Orders Fair Pay and Safe Workplaces Federal Contractors Federal Procurement Systems Subcontractors

Spoiler Alert: The EEOC Is Quietly Figuring Out The Best Way To Collect Private Employers' Compensation Information

Most following the federal government’s efforts to collect employee compensation data are aware of the OFCCP’s proposed requirement that federal contractors file an "Equal Pay Report" providing information on the salaries,...more

1/27/2015 - Barack Obama Data Collection EEOC Employee Benefits Equal Pay Executive Compensation Federal Contractors National Academy of Science OFCCP Proposed Regulation Wages

Hospitalitas Newsletter - Winter 2014

In This Issue: - Marriott Fined $600,000 For Wi-Fi Jamming - Franchisor Liability for Franchisee Employment Decisions: The NLRB’s General Counsel Addresses the Move to Expand the Joint-Employer Standard, and...more

12/23/2014 - Consent Decrees Corporate Fines Fast-Food Industry Franchises Hiring & Firing Jamming Joint Employers Marriott McDonalds NLRB

Franchisor Liability for Franchisee Employment Decisions: The NLRB's General Counsel Addresses the Move to Expand the...

In July 2014, the National Labor Relations Board (NLRB) took the unexpected step of authorizing complaints against McDonald's USA, LLC and some of its franchisees for the franchisees' responses to employee protests. The Board...more

12/23/2014 - Dominos Employer Liability Issues Fast-Food Industry Franchise Agreements Franchises Franchisors Hiring & Firing Joint Employers Liability McDonalds NLRB

Enforcing Civility in the Workplace is a Potentially Risky Proposition, According to the NLRB

Does your employee handbook discourage negative comments or encourage positive behavior? Such provisions are likely unlawful, according to the National Labor Relations Board (NLRB). For example, consider the case of Hills and...more

5/16/2014 - Employee Rights Employer Liability Issues NLRA NLRB

New North Carolina Law Prohibits Employers from Asking Applicants for Information About Expunged Criminal Arrests, Charges, and...

Imagine a scenario where the applicant you are about to hire as Chief Financial Officer was convicted of a crime, perhaps embezzlement, that he managed to get expunged, but you’ll never know because you can’t ask him about...more

1/23/2014 - Ban the Box Criminal Background Checks Employment Application Expungement Hiring & Firing Human Resources Professionals

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