10-K Conundrum: How SEC Filings Breed Employment Claims

Article from Law360, New York (January 27, 2015) A recent Seventh Circuit decision provides a cautionary tale for employers deciding what level of detail about litigated matters to include in publicly disclosed U.S. Securities and Exchange Commissionfilings. The court held a former employee could assert retaliation against her former employer when the company listed her by […]

ELS Has Won 2014 “Traiblazer of The Year” LACE Award!

The Employment Law Solution won the 2014 LACE Award for “Trailblazer of the Year”! The Ladies Achieving Continuous Excellence (LACE) Awards event is held annually to formally recognize GWBC Georgia, North and South Carolina Corporate Member-Partners and Certified WBEs who have made outstanding and significant contributions and created initiatives to empower women owned businesses. Partner Nancy Castor Sprattlin […]

Court’s Recent Spin On After-Acquired Evidence May Be Good for Employers!

The Second Circuit recently sided with Fujifilm Medical Systems USA Inc. and held that Fujifilm could use evidence obtained after an executive was terminated to confirm a nondiscriminatory reason for firing him. The case was brought against the Company by a former executive vice president, John J. Weber, alleging that he was terminated because he […]

NLRB Finds Employee’s Facebook “Like” and Comment Protected By Labor Law

[In late August], the National Labor Relations Board (“NLRB”) ruled that two employees of a sports bar and restaurant were unlawfully discharged for their participation in a Facebook discussion criticizing their employer.  In the Facebook discussion that prompted the firings, a former employee complained in a status update that she owed more taxes than expected because of […]

ELS Serves! ELS Co-Sponsors Grape Escape Winery Tour to Help Brighten the Lives of Children with Cancer!

ELS co-sponsored the Grape Escape Winery Tour on Saturday, August 9, 2014 with the Atlanta Chapter of  WGIRLS.  The event consisted of a luxury bus ride to the Dahlonega Wineries, and included 19 tastings, live music, and shopping.  Proceeds from the event were given to Camp Sunshine, an organization providing support and education for children […]

Staffing Agencies Beware: OSHA’s New Policy Memorandum Highlights OSHA’s Enforcement Priorities with Respect to Temporary Workers

On July 15, 2014, Thomas Galassi, OSHA’s Director of Enforcement Programs, released a memorandum addressed to all OSHA regional administrators regarding OSHA’s Temporary Worker Initiative—a program developed to increase the agency’s focus on the safety of temporary workers. The purpose of the memo was to clarify the responsibilities of staffing agencies and host employees and to remind […]

4 Tips To Avoid Landing In Trade Secrets Hot Water

Law360, New York (July 09, 2014, 7:09 PM ET) — Companies are getting smarter about protecting their trade secrets alongside the rest of their intellectual property, but they also need to be equally wary about accidentally stealing somebody else’s. With high-profile criminal cases, dramatic overseas accusations and the talk of new federal legislation, companies are […]

Employers, Beware of Older Workers’ Benefit Protection Act’s “Knowing and Voluntary” Requirements!

Employers need to be very mindful of the Older Workers’ Benefit Protection Act’s “knowing and voluntary” requirements in drafting severance agreements, particularly in connection with a reduction in force. Consider a federal court’s invalidation of the release of an age discrimination claim in a recent case in Colorado – see article below. A Federal court […]

The NLRB Is At It Again…Striking Down Hospital’s Anti-Gossip Policy

In a case involving Hills and Dales General Hospital in Michigan, the National Labor Relations Board (NLRB) struck down the hospital’s policy prohibiting employees from participating in or listening to gossip, concluding that such policy could prevent employees from discussing legitimate work issues. According to the NLRB’s order issued on April 1st, “[t]his is the […]

Two Courts of Appeals to Consider Legality of Paying Incentive Compensation to Fluctuating Workweek Employees

In a pair of appeals that will have significant implications for employers that utilize the fluctuating workweek (FWW) method of calculating overtime compensation, the U.S. Courts of Appeals for the Second and Sixth Circuits are considering whether the payment of incentive compensation (in addition to fixed weekly salary) is incompatible with the FWW method. Nothing […]