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 […]

Top Twelve Things Employers Must Do To Throw A Holiday Party Free of Legal Hassles!

Holiday Parties – A legal minefield for Employers! September is here, thus the holidays are right around the corner!  It is that time again when employers must grapple with the dilemma as to whether to hold a holiday party for their employees.  Holiday parties are a legal minefield for employers!  It goes without saying that there […]

ELS Becomes a WBENC Certified Employment Law Firm

We are proud to be certified as a women’s business enterprise (WBE) by the Women’s Business Enterprise National Council (WBENC). WBENC is the nation’s leading advocate of women-owned businesses as suppliers to America’s corporations. The WBENC is dedicated to advancing the success of Corporate Members, certified WBEs, and government entities in partnership with its Regional […]

Can An Indefinite Leave Of Absence Be A Reasonable Accommodation?

One of the most difficult issues an HR professional or in-house employment counsel faces is how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave required?  What law applies and what are the obligations for an employer in this situation? Despite the uncertainty of what additional leave […]

ELS Partner Jamala McFadden teaches Legal Education Course

ELS Partner, Jamala McFadden, co-taught a Continuing Legal Education course on “Hanging Your Own Shingle” for the Georgia Association of Black Women Attorney’s Professional Development Academy on October 23, 2013.  The course focused on whether starting a practice is the right choice at the right time, strategic considerations, and the business of law. GABWA PDA […]

ELS becomes a GMSDC Certified Employment Law Firm

We are proud to be certified as a Minority Business Enterprise (MBE) by Georgia Minority Supplier Development Council (“GMSDC”), a non-profit organization established in 1976 as a regional office of the National Minority Supplier Development Council.  The mission of the GMSDC is to foster and expand mutually beneficial economic opportunities between certified minority business enterprises (MBEs), […]

Top 5 Strategies To Minimize Risk of Wage Discrimination Claims Based On Gender

It’s rather easy for employers to create situations that seem to foster gender discrimination. To minimize the risk of discrimination claims based on gender, employers should conduct periodic audits of their compensation practices to determine if gender groups are treated differently, and if they are, to clarify that such disparities are based on legitimate non-gender-based […]