FordHarrison

271 17th Street NW, Suite 1900
Atlanta, GA 30363, United States

  • 404-888-3800

Amendments to New York's Wage Theft Prevention Act: A Double-Edged Sword for Employers

On December 29, 2014, Governor Andrew Cuomo signed a bill into law that amends the New York Wage Theft Prevention Act (the "Act"). While the amendments relieve New York employers from some administrative burdens, that is where…more
| Labor & Employment Law

Internal Revenue Code Section 162(m) Compliance Alert

As we start the New Year, publicly traded corporations should begin reviewing their compensation plans/arrangements to ensure that compensation that is intended to qualify as performance-based compensation satisfies the…more
| Commercial Law & Contracts, Labor & Employment Law, Taxation

Third Circuit Finds that the Federal Railroad Safety Act's Anti-Retaliation Provision Does Not Cover Employees Treated for Off-Duty Injuries

In a case of first impression with far-reaching implications for the railroad industry, the Third Circuit has held that the provision of the Federal Railroad Safety Act (FRSA) prohibiting discipline of employees for "following…more
| Labor & Employment Law, Transportation

Employers Should Prepare Now for Filing H-1B Visa Applications

This Alert is a reminder to employers of the fast approaching April 1, 2015 deadline for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for long-term work authorization in the U.S…more
| Labor & Employment Law, Immigration Law, Science, Computers, & Technology

Supremes Leave PAGA Representative Claims Intact

On January 20, 2015, the U.S. Supreme Court denied review of CLS Transportation Los Angeles, LLC v. Iskanian ("Iskanian"), a case which would have determined whether employees in California could continue to bring representative…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Supreme Court Will Hear Same-Sex Marriage Issue

The U.S. Supreme Court will hear arguments in four same-sex marriage cases in April, potentially settling the divisive issue by the end of the current term. The justices will consider an appeal from the 6th Circuit decision that…more
| Constitutional Law, Labor & Employment Law, Finance & Banking, Taxation

New Jersey Supreme Court Restricts Ability to Label Workers as Independent Contractors

On January 13, 2015, the New Jersey Supreme Court issued a unanimous decision that will likely have a far reaching effect on employers by severely limiting their ability to classify workers as independent contractors…more
| Labor & Employment Law

A Manager's New Year's Resolutions

One of the annual goals of every good CEO, manager or supervisor should be to reduce the company's exposure to employment litigation. The cost of state or federal litigation keeps going up, and just one employee lawsuit can…more
| Civil Procedure, Labor & Employment Law

Heads Up – The ACA Employer Mandate Is Now In Effect: Beware of Actions that Could Result in ACA Whistleblower Liability

Effective January 1, 2015, certain employers became subject to the employer mandate of the Patient Protection and Affordable Care Act (ACA), and thus subject to liability under the ACA Employer Shared Responsibility provisions…more
| Administrative Law, Labor & Employment Law, Health

DOL Administrative Review Board Nixes Greedy H-1B Worker's Front Pay Appeal Based on New H-1B Employer Petition Approval

The U.S. Department of Labor (DOL) has just released a final decision and order rendered this past July by the Administrative Review Board (ARB), holding that an H-1B worker's front pay claim against a former employer is cut off…more
| Civil Procedure, Labor & Employment Law, Immigration Law

U.S. District Court Blocks U.S. DOL's New Definition of Companionship Services Under FLSA

The U.S. District Court for the District of Columbia has issued a Temporary Restraining Order ("TRO") blocking the U.S. Department of Labor ("DOL") from enforcing the new definition of Companionship Services in its Final Rule on…more
| Labor & Employment Law

DOJ Says Title VII's Sex Discrimination Prohibition Includes Gender Identity

U.S. Attorney General Eric Holder has announced that the Department of Justice (DOJ) now takes the position that Title VII's prohibition against sex discrimination includes discrimination based on gender identity, including…more
| Civil Rights, Labor & Employment Law

NLRB Opens Company Email Systems to Employees for Communications Protected by the National Labor Relations Act

Perhaps overlooked due to the announcement by the National Labor Relations Board ("NLRB" or the "Board") of its revised procedures for union elections, the NLRB issued a decision on December 11 that will have a far-reaching…more
| Labor & Employment Law

NLRB Adopts New Election Procedures

On December 12, 2014, the National Labor Relations Board (the "Board") announced that it has adopted the final rule amending its procedures for union representation elections. The new rule's primary purpose is to permit union…more
| Labor & Employment Law

Appeals Court Vacates DOL Rule Authorizing Use of Skill-Based Private Wage Surveys in H-2B Temporary Labor Certification Application Proceedings

On December 5, 2014, a panel of the U.S. Court of Appeals for the Third Circuit issued an opinion vacating the Department of Labor (DOL) regulation and related guidance memorandum authorizing DOL, at the request of the employer,…more
| Administrative Law, Civil Procedure, Labor & Employment Law, Immigration Law
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