Constangy, Brooks, Smith & Prophete, LLP

NLRB is Poised to Find "Joint Employer" Relationships Just About Everywhere

As we have previously reported, on July 29, Richard Griffin, General Counsel of the National Labor Relations Board, announced his intention to charge McDonald's USA, LLC, as a "joint employer" with its franchisees in a series of…more

Employer Liability Issues, Franchises, Joint Employers, McDonalds, NLRB

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Persuader Rule Is Enjoined, but What Does That Mean?

Judge Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit recently opened an opinion with this sentence: “Common sense sometimes matters in resolving legal disputes.” While it is…more

DOL, Final Rules, LMRDA, NLRB, Persuader Rules

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Retailer - Summer 2016

FLSA white-collar exemption rule has retail employers in the bulls-eye - The U.S. Department of Labor’s new rule regarding white-collar exemptions under the Fair Labor Standards Act has a lot of employers scrambling, but…more

DOL, EEOC, Exempt-Employees, FLSA, Minimum Salary

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BREAKING: DOL Releases Final Rule On Paid Sick Leave For Employees Of Federal Contractors

The U.S. Department of Labor announced on September 29, 2016 its Final Rule implementing Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors. We are reviewing the Final Rule and will publish an…more

DOL, Federal Contractors, Final Rules, FLSA, Paid Leave

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New Jersey “Marital Status” Protection Applies to All Types of Marital Status, State Supreme Court Says

The New Jersey Supreme Court has unanimously ruled that the New Jersey Law Against Discrimination includes protection for separated, divorcing and divorced employees. The LAD prohibits discrimination based on, among other…more

Divorce, Family Status Discrimination, Marital Status, Wrongful Termination

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Retailer - Fall 2014

Counting the Cost of Payroll Cards: Are they Worth it for Employers? Retailers, as well as other employers, have grown to rely on payroll cards to compensate employees who may not have bank accounts. What are the legal risks of…more

ADA, Criminal Background Checks, Cybersecurity, Disability, EEOC

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Retailer - Fall 2014

Counting the Cost of Payroll Cards: Are they Worth it for Employers? Retailers, as well as other employers, have grown to rely on payroll cards to compensate employees who may not have bank accounts. What are the legal risks of…more

ADA, Criminal Background Checks, Cybersecurity, Disability, EEOC

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Final rule on FMCSA drug and alcohol clearinghouse will be out before end of October

A national database of truck drivers who have failed drug or alcohol tests, or refused to take them, will soon be a reality. That’s according to Juan Moya, Program Manager for the Drug and Alcohol Program of the Federal…more

Commercial Truck Drivers, Department of Transportation (DOT), Drug Testing, FMCSA, Motor Carriers

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Have Employees In California? Be Sure You Know The New Rules On Personnel File Requests, Effective 1/1/13

California rings in the new year with a change in law for employers dealing with requests for personnel files from employees and former employees. Under current law, employers generally must give employees (and apparently former…more

Personnel Records

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What To Make Of The Wage And Hour Division's Voluntary Compliance Agreement With The Subway Franchise System

On July 26, the U.S. Department of Labor’s Wage and Hour Division entered into a “Voluntary Agreement” with the franchisor of the Subway brand, known as Doctor’s Associates, Inc., and its affiliates. The agreement reads…more

Corporate Counsel, DOL, FLSA, Franchisee, Joint Employers

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It’s Official: Temps And Regular Employees Can Be Combined In One Bargaining Unit, NLRB Says

The National Labor Relations Board is again changing the rules for employers, but the outcome is not really a surprise. The NLRB ruled 3-1 in Miller & Anderson, Inc., that unions can combine in a single bargaining unit…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Joint Employers, NLRB, Staffing Agencies

See All Updates »

Court Upholds Conviction Of Ex-Employee For Conspiring To Access Company Data Through “Shared” Password

Is password sharing a crime? It can be under the right circumstances, according to last week’s decision in United States v. Nosal. In Nosal, the U.S. Court of Appeals for the Ninth Circuit upheld the conviction of a former…more

Computer Fraud and Abuse Act (CFAA), Confidential Information, Confidentiality Agreements, Corporate Counsel, Defend Trade Secrets Act (DTSA)

See All Updates »

The EEOC And Wellness Programs: The Other Shoe Drops! (But It's Not That Bad)

Recently, the Equal Employment Opportunity Commission issued a proposed rule on employer wellness programs and the Genetic Information Nondiscrimination Act. The GINA proposal accompanies a proposed rule on employer wellness…more

ADA, Affordable Care Act, EEOC, GINA, HIPAA

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Reminder: Fair Credit Reporting Act Compliance and Reporting Changes Effective January 1, 2013

The federal Fair Credit Reporting Act was enacted in 1971 to regulate the consumer credit reporting industry. Employers that use and request consumer background checks from consumer reporting agencies are automatically subject…more

Background Checks, Credit Reports, Criminal Background Checks, FCRA, Notice Requirements

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Help Wanted: Avoiding Inadvertent Participation in Labor Trafficking

Is your company a labor trafficker? Surely not. But if your company employs large numbers of foreign seasonal workers, you could be implicated in trafficking even if you don’t mean to be. Employment of foreign seasonal…more

DOL, Due Diligence, E-Verify, EEOC, FLSA

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Fast Food Employers In The Empire State: 10 Wage-And-Hour Issues On The Horizon

Employers across New York State will be ringing in the new year with wage increases — particularly those in the hospitality industry, who face additional increases for qualifying "fast food" workers. This update summarizes the…more

Fast-Food Industry, Hospitality Industry, Minimum Wage, Wage and Hour

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What’s The World Coming To? Federal OT Rule Is More Employee-Friendly Than California Law!

Well, not exactly. But some natural phenomena occur only once or twice in a lifetime—like Halley’s Comet, or the turn of the Millennium, or the Mets winning the pennant. Another one happened today: the FLSA has become more…more

DOL, Exempt-Employees, FLSA, Minimum Salary, Over-Time

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Massachusetts Expands Protections To Transgender Individuals

As of October 1, “places of public accommodation” in Massachusetts will be prohibited from discriminating based on gender identity. That is, persons accessing a “place of public accommodation” must be permitted to use…more

Civil Rights Act, EEOC, Gender Identity, Title VII, Transgender

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STEM OPT Extension Will Increase To 24 Months, But Imposes New Obligations On Employers

On March 11, the U.S. Department of Homeland Security published a new rule reauthorizing Optional Practical Training for F-1 nonimmigrant students with qualifying degrees in science, technology, engineering or mathematics (STEM)…more

DHS, E-Verify, Foreign Students, Form F-1, OPT

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There’s a new Sheriff in town: The politics and pitfalls of patronage dismissals (Part 2 of 2)

In last week’s installment, I provided an introduction to the issue of patronage dismissals in the public sector, and a discussion of the Supreme Court’s Elrod (1976) and Branti (1980) decisions. In this installment, I’ll talk…more

Adverse Employment Action, First Amendment, Political Campaigns, Public Employees

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H-1B Visa - 2016 Filing Season

Starting April 1, 2016, the U.S. Citizenship and Immigration Services will begin accepting H-1B visa petition filings – subject to the annual cap – for the next fiscal year, which begins October 1, 2016…more

Employment Authorization Documents (EAD), Foreign Workers, H-1B, USCIS, Work Visas

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The Massachusetts Wage Act: A New Incentive for Employers to Pay Up

Since July 2008, Massachusetts employers have been subject to automatic treble damages (that is, three times the amount of any award) for violations of the Massachusetts Wage Act, M.G.L. c. 149, §§ 148-150. Nearly seven years…more

Labor Law Violations, PTO, Termination, Treble Damages, Wage Act

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DOL Announces Final Rule on Federal Contractor Minimum Wage

On Wednesday, the U.S. Department of Labor released its Final Rule on Executive Order 13658, which established a new minimum wage of $10.10 an hour for employees working on certain federal contracts. The Final Rule is set to be…more

DOL, Employee Rights, Federal Contractors, Minimum Wage, Wages

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The EEOC And Wellness Programs: The Other Shoe Drops! (But It's Not That Bad)

Recently, the Equal Employment Opportunity Commission issued a proposed rule on employer wellness programs and the Genetic Information Nondiscrimination Act. The GINA proposal accompanies a proposed rule on employer wellness…more

ADA, Affordable Care Act, EEOC, GINA, HIPAA

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Guidance for employers on the Zika virus

Within the past few days, the Centers for Disease Control and Prevention have confirmed the transmission of the Zika virus by mosquitoes to individuals in Miami-Dade and Broward counties in Florida. Before this confirmation, the…more

ADA, Business Travel, CDC, OSHA, Popular

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Proposed Overtime Rule Would More Than Double Salary Threshold For Exempt Employees, With Automatic Yearly Increases

On June 30, the Wage and Hour Division of the U.S. Department of Labor released its long-awaited Notice of Proposed Rulemaking, proposing changes to the executive, administrative, professional, and highly-compensated employee…more

DOL, Exempt-Employees, FLSA, Multi-Factor Test, Proposed Regulation

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Supreme Court’s Constructive Discharge Decision Makes Sense for Employers and Employees

Monday’s Supreme Court decision in Green v. Brennan, holding that the time for an employee to bring a constructive discharge claim begins running from the date that resignation is tendered, will probably make timeliness…more

Constructive Discharge, Green v Brennan, Hiring & Firing, Popular, Race Discrimination

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An Open Love Letter to Justice Clarence Thomas

I admit it. I have a crush on Justice Thomas. Today’s unanimous Supreme Court opinion in CRST Van Expedited, Inc. v. EEOC – holding that a merit-based dismissal is not necessary for a defendant to qualify as the “prevailing…more

Attorney's Fees, EEOC, EEOC v CRST Van Expedited, Prevailing Party, SCOTUS

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Trojan Horse In The 2015 Budget Agreement: OSHA Can (And Undoubtedly Will) Raise Penalties By 82 Percent

Wow! How did this happen? Buried in the fine print of the recent budget agreement between Congress and the White House, and seemingly slipped in at the last minute with no one claiming responsibility for the change, the…more

Employer Liability Issues, Enforcement, OSHA, Penalties, Statutory Penalties

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The DOL’s “Persuader Rule,” and What It Means for Our Clients

We are sending you this bulletin because of an important legal development that pertains to all employers. The U.S. Department of Labor has issued the final version of its “persuader rule,” which will be formally published in…more

Attorney-Client Privilege, DOL, NLRB, Persuader Rules, Reporting Requirements

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Massachusetts Beefs Up Its Pay Equity Law

Yesterday Massachusetts Gov. Charlie Baker (R) signed into law amendments to the Massachusetts Equal Pay Act, M.G.L. c. 149, s. 105A, which were passed by unanimous votes in the state House and Senate. Although Massachusetts has…more

Equal Pay, Equal Pay Act, Gender-Based Pay Discrimination, NLRA, Wage and Hour

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Massachusetts High Court Provides Helpful Guidance to Employers Regarding Damages and Releases Under Wage Act

On December 17, 2012, the Massachusetts Supreme Judicial Court issued a wide-ranging opinion that clarifies the limitations on damages that employees can seek under G.L. c. 149, §§ 148 and 150 ("Wage Act") when an employee…more

Independent Contractors, Misclassification, Over-Time, Statute of Limitations, Tolling

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Call the Doctor! Paid sick leave is on the way for (many) federal contractors

The date for the U.S. Secretary of Labor to issue regulations establishing paid sick leave for covered employees of certain federal contractors is fast approaching. By way of background, on September 7, 2015, President…more

Barack Obama, Davis-Bacon Act, DOL, Executive Orders, Federal Contractors

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Executive Labor Summary - July / August 2016

NEWS & ANALYSIS - The NLRB continues its assault on workplace civility and efficiency– As we reported more than two years ago, Mark Gaston Pearce, Chairman of the National Labor Relations Board, and NLRB General Counsel…more

ALJ, Confidentiality Agreements, Employee Handbooks, NLRA, NLRB

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OSHA Provides Guidance On Its New “Reasonable Reporting Procedure” Rule

The recent settlement of a whistleblower case brought under Section 11(c) of the Occupational Safety and Health Act has provided the first guidance by OSHA of its expectations under the new §1904.35 “Reasonable Reporting…more

Anti-Retaliation Provisions, DOL, OSHA, Popular, Reporting Requirements

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Court Misses Chance To Clarify Conflict Between Franchise, Employment Law – But Dissent Gets It Right

The U.S. Court of Appeals for the Third Circuit recently dealt a blow to franchisors everywhere in Williams v. Jani-King of Philadelphia, Inc. Granted, the court only affirmed a ruling that the case can be litigated as a class…more

Class Action, Franchisee, Franchises, Franchisors

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Better Late Than Never? DOL Sues U.S. Steel Over Injury-Reporting Policy

The U.S. Department of Labor recently filed suit against United States Steel Corporation, alleging that the company's injury-reporting policy violates §11(c) of the Occupational Safety and Health Act. The suit claims that the…more

Corporate Counsel, DOL, Enforcement, OSHA, Popular

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Massachusetts Expands Protections To Transgender Individuals

As of October 1, “places of public accommodation” in Massachusetts will be prohibited from discriminating based on gender identity. That is, persons accessing a “place of public accommodation” must be permitted to use…more

Civil Rights Act, EEOC, Gender Identity, Title VII, Transgender

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Bipartisan CA Paycheck Fairness Bill Aims to Enhance Pay Equality and End Salary Secrecy

Wait. Doesn’t California already have an equal pay law? Well, yes. In fact, California has prohibited wage discrimination on the basis of sex since 1949, long before pay discrimination was prohibited by federal law. However, as…more

Best Management Practices, Employer Liability Issues, Enforcement Authority, Equal Pay, Equal Pay Act

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Court Misses Chance To Clarify Conflict Between Franchise, Employment Law – But Dissent Gets It Right

The U.S. Court of Appeals for the Third Circuit recently dealt a blow to franchisors everywhere in Williams v. Jani-King of Philadelphia, Inc. Granted, the court only affirmed a ruling that the case can be litigated as a class…more

Class Action, Franchisee, Franchises, Franchisors

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The Defend Trade Secrets Act of 2016: A New Federal Claim for Misappropriation

What is Coca-Cola’s secret recipe? How does Thomas’ English Muffins get all those “Nooks & Crannies”® in its muffins? And how does Krispy Kreme make its signature lighter-than-air doughnuts? These are the type of trade secrets…more

Asset Seizure, Confidentiality Agreements, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Ex Parte

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H-1B Visa - 2016 Filing Season

Starting April 1, 2016, the U.S. Citizenship and Immigration Services will begin accepting H-1B visa petition filings – subject to the annual cap – for the next fiscal year, which begins October 1, 2016…more

Employment Authorization Documents (EAD), Foreign Workers, H-1B, USCIS, Work Visas

See All Updates »

NLRB is Poised to Find "Joint Employer" Relationships Just About Everywhere

As we have previously reported, on July 29, Richard Griffin, General Counsel of the National Labor Relations Board, announced his intention to charge McDonald's USA, LLC, as a "joint employer" with its franchisees in a series of…more

Employer Liability Issues, Franchises, Joint Employers, McDonalds, NLRB

See All Updates »

FLSA Overtime Rule: With All These Efforts To Block It, Can Employers Relax?

Last week, two lawsuits were filed in federal court in Texas seeking to block the Final Rule on white-collar exemptions to the overtime provisions of the Fair Labor Standards Act, which was issued in May. Meanwhile, legislation…more

FLSA, Over-Time, Standard Duties Test, Wage and Hour, White-Collar Exemptions

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OSHA Provides Guidance On Its New “Reasonable Reporting Procedure” Rule

The recent settlement of a whistleblower case brought under Section 11(c) of the Occupational Safety and Health Act has provided the first guidance by OSHA of its expectations under the new §1904.35 “Reasonable Reporting…more

Anti-Retaliation Provisions, DOL, OSHA, Popular, Reporting Requirements

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Federal subcontractors, beware! The OFCCP is watching you, too.

A recent complaint filed by the Office of Federal Contract Compliance Programs illustrates that it’s not only federal contractors who need to be sure they comply with affirmative action requirements, but also those who contract…more

Affirmative Action, Federal Contractors, OFCCP, Race Discrimination, Subcontractors

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OSHA Provides Guidance On Its New “Reasonable Reporting Procedure” Rule

The recent settlement of a whistleblower case brought under Section 11(c) of the Occupational Safety and Health Act has provided the first guidance by OSHA of its expectations under the new §1904.35 “Reasonable Reporting…more

Anti-Retaliation Provisions, DOL, OSHA, Popular, Reporting Requirements

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DOL Delays Enforcement Of Companionship Exemption Rule, But Private Lawsuits Against Employers Can Carry On

On October 9, the Wage and Hour Division of the U.S. Department of Labor announced that it would delay enforcement of the 2013 Final Rule regarding the companionship exemption to the minimum wage and overtime requirements of the…more

Companionship Exemptions, DOL, Enforcement, FLSA, Minimum Wage

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Reflecting on the Final Fiduciary Rule - Protection for Retirement Investors

The highly anticipated fiduciary rule intended to provide significant protection for retirement investors was issued on April 6. Although the final rule contains concessions that appease investment professionals, most agree that…more

Employee Benefits, ERISA, Fiduciary Duty, Final Rules, Investment Adviser

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NLRB is Poised to Find "Joint Employer" Relationships Just About Everywhere

As we have previously reported, on July 29, Richard Griffin, General Counsel of the National Labor Relations Board, announced his intention to charge McDonald's USA, LLC, as a "joint employer" with its franchisees in a series of…more

Employer Liability Issues, Franchises, Joint Employers, McDonalds, NLRB

See All Updates »

OSHA Provides Guidance On Its New “Reasonable Reporting Procedure” Rule

The recent settlement of a whistleblower case brought under Section 11(c) of the Occupational Safety and Health Act has provided the first guidance by OSHA of its expectations under the new §1904.35 “Reasonable Reporting…more

Anti-Retaliation Provisions, DOL, OSHA, Popular, Reporting Requirements

See All Updates »

OSHA Provides Guidance On Its New “Reasonable Reporting Procedure” Rule

The recent settlement of a whistleblower case brought under Section 11(c) of the Occupational Safety and Health Act has provided the first guidance by OSHA of its expectations under the new §1904.35 “Reasonable Reporting…more

Anti-Retaliation Provisions, DOL, OSHA, Popular, Reporting Requirements

See All Updates »

It’s Official: Temps And Regular Employees Can Be Combined In One Bargaining Unit, NLRB Says

The National Labor Relations Board is again changing the rules for employers, but the outcome is not really a surprise. The NLRB ruled 3-1 in Miller & Anderson, Inc., that unions can combine in a single bargaining unit…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Joint Employers, NLRB, Staffing Agencies

See All Updates »

DOL Announces 2017 Minimum Wages For Federal Contractors

The U.S. Department of Labor announced last week that covered federal contractors and subcontractors will be required to pay workers an hourly minimum wage of $10.20 an hour beginning January 1, 2017. The minimum cash wage for…more

DOL, Executive Orders, Federal Contractors, Minimum Wage, Wage and Hour

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Court Upholds Conviction Of Ex-Employee For Conspiring To Access Company Data Through “Shared” Password

Is password sharing a crime? It can be under the right circumstances, according to last week’s decision in United States v. Nosal. In Nosal, the U.S. Court of Appeals for the Ninth Circuit upheld the conviction of a former…more

Computer Fraud and Abuse Act (CFAA), Confidential Information, Confidentiality Agreements, Corporate Counsel, Defend Trade Secrets Act (DTSA)

See All Updates »

A Whole Bunch Of Nothing: Five Takes On Gov. Mccrory’s “Walkback” Of N.C. HB 2

NOTE FROM ROBIN: As you know, my main collaborator on HB2-related developments has been my law partner, Jon Yarbrough, who is in our firm’s Asheville Office. Jon has offered his thoughts about Executive Order No. 93, which Gov…more

EEOC, Employee Restrooms, Gender Identity, LGBT, OSHA

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Retailer - Fall 2014

Counting the Cost of Payroll Cards: Are they Worth it for Employers? Retailers, as well as other employers, have grown to rely on payroll cards to compensate employees who may not have bank accounts. What are the legal risks of…more

ADA, Criminal Background Checks, Cybersecurity, Disability, EEOC

See All Updates »

Contact

230 Peachtree Street, N.W.
Suite 2400
Atlanta, Georgia 30303-1557, United States

  • 404.525.8622
  • 404.525.6955

Areas of Practice
  • Class Action
  • Government
  • Immigration Law
  • Labor & Employment Law
  • Worker’s Compensation
Locations
Other U.S. Locations
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  • Virginia
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Number of Attorneys

100+ Attorneys

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