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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Thanks, Ford! Hard-Fought Win Against EEOC In ADA-Telecommuting Case Is Welcome News For All Employers

Last Friday, the full U.S. Court of Appeals for the Sixth Circuit found in favor of Ford Motor Company in a disability discrimination lawsuit brought by the Equal Employment Opportunity Commission…more

ADA, Appeals, Attendance, Corporate Counsel, EEOC

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D.C. Wage Theft Prevention Act Goes Live

On February 26, the District of Columbia’s new Wage Theft law became effective after a period for review by the U.S. Congress expired without any action being taken…more

Employer Liability Issues, Employer Mandates, Notice Requirements, Recordkeeping Requirements, Statute of Limitations

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VEVRAA hiring benchmark drops again

As announced by the Office of Federal Contract Compliance Programs, the updated national percentage of veterans in the workforce is continuing to decline, now at 7 percent…more

Benchmarks, Federal Contractors, Hiring & Firing, OFCCP, VEVRAA

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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

See All Updates »

Medical marijuana extracts approved in Georgia

On Thursday Georgia became the 36th state, plus Washington, D.C., to legalize marijuana extracts to treat illnesses. Gov. Nathan Deal signed the "Haleigh's Hope Act," which immediately legalized the use of medical marijuana to…more

Governor Deal, Marijuana, Medical Marijuana, New Legislation, Young Lawyers

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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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The Monsters of the Digital Age

Like the beasts of Tolkien’s imagination, digital trolls skulk around the internet shrouded in anonymity, unprovoked yet fiercely attacking the unwary. These trolls are individuals who use anonymous screen names to post…more

Corporate Counsel, Cyberbullying, Harassment, Legal Perspectives, Social Media

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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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A Cautionary Note On That "Companionship Services" Rule

As we have previously reported, a federal district court for the District of Columbia recently vacated new U.S. Department of Labor regulations promulgated under the Fair Labor Standards Act, which (1) barred third-party…more

Appeals, Companionship Exemptions, DOL, FLSA, Healthcare

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Is Your H-1B Worker Moving Elsewhere? You May Have To File An Amended H-1B Petition

The Administrative Appeals Office of the U.S. Citizenship and Immigration Services issued a significant decision last week that overruled prior USCIS practice…more

Administrative Appeal Office, Corporate Counsel, Employer Liability Issues, H-1B, LCA

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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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Wellness Program Changes for 2014

There has been a deluge of new federal regulations related to health care reform since the presidential election, and wellness programs have been no exception. The IRS, U.S. Department of Labor, and the U.S. Department of Health…more

Affordable Care Act, Employer Group Health Plans, Healthcare, Wellness Programs

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DOL's Companionship Rule Gets the One-Two Punch

Employers of companionship and domestic employees can breathe a little easier, now that a court has set aside major portions of a rule that may have required that such employees receive the minimum wage and overtime under the…more

Companionship Exemptions, DOL, FLSA, Home Health Agencies, Home Health Care

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OSHA Agrees To Refer Untimely Whistleblowers to the NLRB

Thanks to a recent agreement between the Occupational Safety and Health Administration and the National Labor Relations Board, safety whistleblowers won't necessarily be defeated by untimely complaints. The agencies have agreed…more

NLRA, NLRB, OSHA, Whistleblowers

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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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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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NLRB General Counsel’s report on employee handbook rules provides some guidance . . . but employers may not like it

As we have previously reported, the National Labor Relations Board in recent years has put employee handbooks and policy manuals under a magnifying glass, searching for any provision that might, in its view, violate the National…more

Employee Handbooks, Final Guidance, NLRA, NLRB

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OSHA Announces New Injury and Illness Reporting Requirements and Recordkeeping Exemptions

On September 11, 2014, the Occupational Safety and Health Administration (OSHA) announced a final rule containing two amendments to the Agency's injury and illness recordkeeping and reporting regulations that will go into effect…more

Bodily Injury, OSHA, Recordkeeping Requirements, Reporting Requirements, Workplace Injury

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Massachusetts Enacts Domestic Violence Leave Law

Massachusetts employers of 50 or more employees must permit employees to take up to 15 days of domestic violence leave in any 12-month period. Employees who are victims of abusive behavior, or whose family members are victims of…more

Domestic Violence, Employee Rights, New Legislation, Unpaid Leave

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New Sick Leave Rights For Massachusetts Employees Raise Concerns For Employers

On November 4, 2014, Massachusetts voters approved a new law, which will be codified at G.L. c. 149, § 148C, providing sick leave rights to all private employees in the state and most public employees. The law goes into effect…more

Earned Sick Time, Employee Rights, New Legislation, Paid Leave, Public Employees

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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 »

Is Telecommuting A Reasonable Accommodation, Or Is It Not?

In the context of a lawsuit brought under the Americans with Disabilities Act, a recent court decision says that “regular attendance” is an essential function of the job. But what is “regular attendance”?…more

ADA, Attendance, Corporate Counsel, EEOC, Enforcement Actions

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OSHA Announces New Injury and Illness Reporting Requirements and Recordkeeping Exemptions

On September 11, 2014, the Occupational Safety and Health Administration (OSHA) announced a final rule containing two amendments to the Agency's injury and illness recordkeeping and reporting regulations that will go into effect…more

Bodily Injury, OSHA, Recordkeeping Requirements, Reporting Requirements, Workplace Injury

See All Updates »

OSHA Announces New Injury and Illness Reporting Requirements and Recordkeeping Exemptions

On September 11, 2014, the Occupational Safety and Health Administration (OSHA) announced a final rule containing two amendments to the Agency's injury and illness recordkeeping and reporting regulations that will go into effect…more

Bodily Injury, OSHA, Recordkeeping Requirements, Reporting Requirements, Workplace Injury

See All Updates »

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

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 »

OSHA Announces New Injury and Illness Reporting Requirements and Recordkeeping Exemptions

On September 11, 2014, the Occupational Safety and Health Administration (OSHA) announced a final rule containing two amendments to the Agency's injury and illness recordkeeping and reporting regulations that will go into effect…more

Bodily Injury, OSHA, Recordkeeping Requirements, Reporting Requirements, Workplace Injury

See All Updates »

OSHA Announces New Injury and Illness Reporting Requirements and Recordkeeping Exemptions

On September 11, 2014, the Occupational Safety and Health Administration (OSHA) announced a final rule containing two amendments to the Agency's injury and illness recordkeeping and reporting regulations that will go into effect…more

Bodily Injury, OSHA, Recordkeeping Requirements, Reporting Requirements, Workplace Injury

See All Updates »

Missouri Appellate Court Strikes Down Another Arbitration Agreement

The Missouri Court of Appeals has struck down an arbitration agreement because it included a common clause requiring the employee to arbitrate all of her claims but did not require the company to arbitrate all of its claims…more

Appeals, Arbitration, Arbitration Agreements, Employer Liability Issues, Exceptions

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It’s All Over But the Shouting! What Do Employers Do Now That Gay Marriage Is Effectively Legal Everywhere?

By denying cert in seven cases covering five states, the Supreme Court effectively legalized gay marriage in most, if not all of the United States…more

Corporate Counsel, DOMA, ENDA, First Glance, Legal Perspectives

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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
  • Alabama
  • California
  • D.C.
  • Florida
  • Georgia
  • Illinois
  • Kansas
  • Massachusetts
  • Missouri
  • New Jersey
  • North Carolina
  • South Carolina
  • Tennessee
  • Texas
  • Virginia
  • Wisconsin
Number of Attorneys

100+ Attorneys

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