Law 360: Employment Cases To Watch In 2017

Law360, New York (January 2, 2017, 1:03 PM EST) — The next year is poised to be a tumultuous one in employment law and not just because of the transition to the Trump administration. While the regulatory pendulum is widely expected to swing back toward the management side after eight years of labor-friendly policy, several […]

Law 360: 5 Ways To Block Naughty Lawsuits From Nice Holiday Parties

Law360, New York (December 6, 2016, 8:34 PM EST) — While workplace holiday parties are meant to be a time of joy and celebration, careless employers may find that an incident at a company-sponsored gathering has left them with coal in their stockings in the form of potentially pricey lawsuits. Although holiday parties can be […]

Georgia Employers Required to Give Time Off to Vote?

As the presidential elections nears, have you wondered if employers are required to provide their employees time off to vote? In Georgia, employees receive up to two hours of time off to vote in Georgia.[1] However, certain restrictions are in place. First, the employee must provide reasonable notice to the employer.[2] Second, if the employee’s […]

21 States Challenging Department of Labor Overtime Rule

On September 20, 2016, 21 states – Alabama, Arizona, Arkansas, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Mississippi, Nebraska, Nevada, New Mexico, Ohio, Oklahoma, South Carolina, Texas, Utah, and Wisconsin – filed suit against the United States federal government, specifically the Department of Labor, challenging its new rule of overtime exemption.[1]  The group of […]

Transgender Rights and their Future

After Obergefell v. Hodges, No. 14-556, 2015 U.S. LEXIS 4250 (June 26, 2015), a landmark United States Supreme Court case which legalized gay marriage, many voices were raised concerning gender identity. In these debates, a question arose, “Can people utilize public bathrooms based on their gender identity?” Many advocates for the protection of transgender rights […]

Obsesity under the ADA

On October 3, 2016, the United States Supreme Court (“Supreme Court”) denied the petition for a writ of certiorari from Petitioner Morriss.[1] Mr. Morriss appealed the to the Supreme Court after the Eight Circuit Court of Appeals found that obesity is not a disability defined under the Americans with Disabilities Act (“ADA”). The facts of the […]

ELS’ Partner, Chandra Davis, Attends NAMWOLF Labor & Employment PAC CLE at Walmart

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NAMWOLF’s Labor & Employment PAC CLE was held at Walmart’s Home Office in Betonville, AR. The CLE topics covered included Social Media 2.0: New Developments and Persisting Risks to Employers and Social Media Takes Workplace Harassment to a Whole New Level & Managing Employee Lifestyles and Appearance in the Workplace in 2017.

Recent EEOC News

On August 11, 2016, the Georgia Council for the Hearing-Impaired, Inc. (GACHI) finalized a $10,000 settlement with the Equal Employment Opportunity Commission (EEOC) and Mr. Stephen Patterson concerning the EEOC’s retaliation discrimination lawsuit against GACHI.[1] A former training specialist to GACHI, Mr. Patterson filed an EEOC charge against GACHI on October 2012. Under the EEOC’s […]

9th Circuit Denies Ernst & Young Class Arbitration Waiver

On August 22, 2016, the Ninth Circuit decided that provisions in contracts barring employees from seeking class action litigation against employers over hours, wages and employment terms and conditions violate the National Labor Relations Act (NLRA).[1]  According to the complaint, the employees were forced to sign a “concerted action waiver” where they were required to […]

Litigate or Settle?

FedEx recently made headlines for their involvement in a lawsuit against their workers for misclassifying them as independent contractors as opposed to employees. After acquiring litigation fees that skyrocketed well into multiple millions of dollars due to battling these allegations in court for the past several years, the company settled the case for 240 million […]