FordHarrison

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

  • 404-888-3800

Coerced Arbitration Agreement Not Enforceable in FLSA Collective Action

The Eleventh Circuit has affirmed a district court's decision denying an employer's motion to compel the arbitration of a Fair Labor Standards Act (FLSA) collective action, finding that the court's decision was within its…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Employees in Maryland Can Now Get Treble Damages for Overtime Claims

On August 13, 2014, the Maryland Court of Appeals held in Peters v. Early Healthcare Giver, Inc. that unpaid overtime wages are recoverable under the Maryland Wage Payment and Collection Law (MWPCL or "Wage Payment Act"). The…more
| Civil Remedies, Labor & Employment Law

Federal Court Rules that Minnesota Drug Testing Law Does Not Apply to Employment Outside of Minnesota

Employers with operations in multiple states have long known that Minnesota has the most restrictive drug and alcohol testing law in the country. To make matters more difficult for employers, the Minnesota law, by its terms,…more
| Civil Procedure, Constitutional Law, Labor & Employment Law

OFCCP Publishes Directive on Gender Identity and Sex Discrimination

The Office of Federal Contract Compliance Programs (OFCCP) has published a Directive on Gender Identity and Sex Discrimination (DIR 2014-02). The Directive clarifies that agency guidance on discrimination on the basis of sex…more
| Civil Rights, Labor & Employment Law, Government Contracting

Florida Court finds Workers' Compensation Statute Unconstitutional

Circuit Judge Jorge E. Cueto of the 11th Judicial Circuit in and for Miami-Dade County, Florida has found that Section 440.11 of Florida's Workers' Compensation Act (the "Act"), which makes the Act the "exclusive" remedy…more
| Civil Remedies, Constitutional Law, Labor & Employment Law, Personal Injury, Worker’s Compensation

Federal Contractors See Hike in SCA Health & Welfare Rates

On July 22, 2014, the U.S. Department of Labor (DOL) issued its annual memorandum announcing that, pursuant to 29 C.F.R. Section 4.52, the prevailing hourly health and welfare fringe benefit rates under the McNamara-O'Hara…more
| Labor & Employment Law, Government Contracting

Can You Hear Me Now: Employers in California Must Reimburse Employees for Mandatory Work-Related Calls on Personal Cell Phones

A California Appeal Court has held that employees are only required to show that they were required to use their personal cell phone for work-related calls to be entitled to reimbursement under California Labor Code § 2802. In…more
| Labor & Employment Law

Tennessee Legislature Adds Employee Privacy Protections to "Internet Accounts"

Executive Summary: Accessing information about employees and applicants via their social media accounts just got a bit more complicated in Tennessee. This past legislative session, the Tennessee General Assembly passed the…more
| Communications & Media Law, Labor & Employment Law, Privacy

OFCCP Will Require Contractors to File Equal Pay Report

Implementing the President's April 2014 Memorandum directing the Department of Labor to develop a data collection tool to advance the goal of pay equity, the Office of Federal Contract Compliance Programs (OFCCP) has published a…more
| Civil Rights, Labor & Employment Law, Government Contracting

NLRA Violation for Refusal to Allow Union Representation Prior to Drug Test

The National Labor Relations Board (NLRB or Board) recently held that an employer violated the National Labor Relations Act (NLRA) when it discharged an employee who refused to take a drug test without first consulting with his…more
| Administrative Law, Labor & Employment Law

Pregnant Employees Now Entitled to ADA-Type Accommodations

The EEOC has issued new guidance on the reach of the Pregnancy Discrimination Act ("PDA") that greatly expands the protections it claims all employers must provide to pregnant employees. The two most significant new provisions…more
| Civil Rights, Labor & Employment Law

U.S. State Department Updates Information Regarding Delays in Visa and Passport Processing

The U.S. Department of State (DOS) has published updated information regarding the performance issues with the Consular Consolidated Database (CCD). As discussed in our July 24, 2014 Alert, a computer glitch caused the CCD to…more
| Labor & Employment Law, Immigration Law

Executive Order Requires Certain Federal Contractors to Self-Report Labor Violations; Prohibits Mandatory Arbitration of Certain Discrimination and Harassment Claims

On July 31, 2014, President Obama signed the "Fair Pay and Safe Workplaces" Executive Order ("EO"), requiring federal contractors and subcontractors bidding on contracts over $500,000 to disclose any violations that they have…more
| Alternative Dispute Resolution (ADR), Civil Rights, Labor & Employment Law, Government Contracting

NLRB Moves Toward New Standard to Hold Franchisors Are Joint Employers of Their Franchisees' Employees

Over the last two years fast-food workers have engaged in walkouts and other activities protesting their wages and seeking an increase to $15/hr. Numerous unfair labor practice charges have been filed with the National Labor…more
| Labor & Employment Law, Franchise Law

Must an Employer Modify its Leave of Absence Policy to Ensure Compliance with the ADA?

When is modification of a no-fault or inflexible leave of absence policy required as an accommodation under the Americans with Disabilities Act (ADA)? Although the Equal Employment Opportunity Commission (EEOC) has taken the…more
| Civil Rights, Labor & Employment Law
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Areas of Practice
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  • Labor & Employment Law
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Other U.S. Locations
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Number of Attorneys

100+ Attorneys

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