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A Victory for Qualified Immunity. A Trend to Continue?

Events from recent years related to alleged police misconduct raised major questions surrounding the protections afforded by qualified immunity to police officers in excessive force claims. Two recent Supreme Court decisions...more

No Chill: The Future of Employee Handbook Standards at the NLRB

In one of his first official actions, President Biden relieved former General Counsel (GC) of the National Labor Relations Board (NLRB) Peter Robb of his position. As Mr. Robb's replacement, President Biden selected Peter...more

Round One Goes to the Company: Lessons Learned from Amazon's Union Organizing Drive

On Friday, April 9, 2021, workers for Amazon in Alabama voted by an overwhelming majority to remain union-free, thereby preventing Amazon's first union-organized facility in the United States. According to organized labor,...more

4/16/2021  /  Amazon , NLRB , Union Organizers , Unions

Are Your Mandatory Arbitration Agreements Still Enforceable?

On March 18, 2021, the National Labor Relations Board (NLRB) reconsidered the lawfulness of terms in employment arbitration agreements that require employees to sign as a pre-dispute condition of employment. Ultimately the...more

Biden Administration Rollback: Are Collegiate Students Employees?

On March 15, 2021, the National Labor Relations Board (NLRB) issued a Notice of Withdrawal in the Federal Register withdrawing the proposed rule related to undergraduate and graduate student employment classification (the...more

Updated OSHA Return-to-Work Guidance

On January 29, the Occupational Safety and Health Administration (OSHA) issued updated guidelines outlining steps employers can take to facilitate a seamless return-to-work plan after COVID-19 subsides. Although guidelines...more

Businesses Should Prepare for EEOC's Decision to Resume Issuance of Charges

COVID-19 interrupted business operations around the country. Furloughs, terminations and other cost-driven measures resulted in the separation of employees from businesses under unfavorable circumstances, which in turn...more

Remote Depositions: A Great Tool for Litigators During Coronavirus

Litigators can strike a balance between actively moving their cases forward and adhering to coronavirus guidance and orders by remotely conducting depositions. To conduct a successful remote deposition, litigators should...more

What Georgia's COVID-19 Pandemic Business Safety Act Means for Your Business's Liability

Georgia Governor Brian Kemp signed Georgia Senate Bill 359 into law last week. Georgia's COVID-19 Pandemic Business Safety Act (the Act) is an undoubted win for businesses, health care and otherwise, as Georgia's legislature...more

COVID-19 Expected to Create a Tidal Wave of Workers' Compensation Claims: Is Your Business Ready for the Tsunami?

When managing the 2019 novel Coronavirus (COVID-19) pandemic, employers who are already navigating the ever-changing landscape of federal, state, and local laws frequently overlook the potential liability and costs associated...more

Navigating Remote Depositions: A Practitioners' Guide

The complications COVID-19 create are plentiful. Not least among them is the balance attorneys must strike between actively moving cases forward while simultaneously adhering to various executive, stay-at-home and Centers for...more

Who is a Joint Employer? Both the DOL and NLRB Release New Rules

As this reader likely knows, the Fair Labor Standards Act (FLSA) requires that covered employers pay their employees the federal minimum wage, up to 40 hours worked in a workweek, plus one and one-half times the "regular...more

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