Tag – Georgia: Employment & Labor Insider

Posts tagged Georgia.

Who was naughty, and who was nice in employment law this year

By Robin Shea on 12.23.15
Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Genetic Information Non-Discrimination Act, GINA, Harassment, Labor Relations, Lawyers!, Pregnancy, Protected Concerted Activity, Retaliation, Safety, Social media, Telecommuting, Wage-Hour

Who's been naughty and who's been nice in labor and employment law? Here are my picks for 2015. Feel free to add your own in the comments.

NAUGHTY!

The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic and almost impossible for employers to legally follow ...

Employers, you'll never pooh-pooh the GINA again.

By Robin Shea on 6.26.15
Posted in Genetic Information Non-Discrimination Act, GINA

The following is a scatological post, so grab a stool, have a seat, and listen up! (Or get a magazine.)

On Monday, a federal jury in Atlanta awarded two hourly warehouse workers $2.2 million in a lawsuit brought under the Genetic Information Nondiscrimination Act.

The controversy started when Atlas Logistics Group Retail Services, a grocery distributor, had a problem with ...

Hey - that EEOC wellness rule isn't half bad

By Robin Shea on 4.24.15
Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Genetic Information Non-Discrimination Act, GINA, Retaliation

NOTE: As I breathlessly reported last week, the EEOC has issued its long-awaited proposed rule on employer wellness programs and the Americans with Disabilities Act. (Here is a nicer copy than the one that was available then.) Brian Magargle, who knows a lot more than I do about the Health Insurance Portability and Accountability Act and the Affordable Care Act, and I are ...

Quickie elections, ASAP!

By Robin Shea on 4.15.15
Posted in Labor Relations

The National Labor Relations Board's so-called "quickie election" rule, providing for expedited union votes, took effect yesterday. I can't improve on what David Phippen of our Metro-Washington D.C. office posted about it here in December after the rule was first issued, so here ya go!

Employers may not like NLRB General Counsel report on handbook rules

By Robin Shea on 3.27.15
Posted in Labor Relations, Protected Concerted Activity

Thanks very much to David Phippen from our Metro D.C. Office for letting me get some depositions taken this week and allowing me to republish his analysis here.

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 ...

EMPLOYMENT LAW BLOG CARNIVAL: April Fools' Edition

By Robin Shea on 3.18.15
Posted in Americans with Disabilities Act, Discrimination, eLaw, Employment Law Blog Carnival, ERISA, Family and Medical Leave Act, Gender Identity Discrimination, Labor Relations, Lactation, Protected Concerted Activity, Retaliation, Safety, Same-sex marriage, Social media, Wage-Hour

(St. Patrick's Day is sooooo nine hours ago!)

Ever looking to the future, we celebrate the coming April Fools' Day with this month's greatest employment law blog posts. Some of my summaries are accurate, and others are "fools' editions" - you'll have to read the actual posts to know which is which. There are so many excellent posts that I'm listing them in alphabetical order by ...

15 for '15: Employment and labor resolutions for the new year

By David Phippen of our Metro D.C. Office.

While the year is still young, here are 15 New Year's resolutions that employers may want to make:

1. Make sure your "independent contractors" are really independent contractors. "Independent contractors" are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state and local agencies, plaintiffs' lawyers, and union organizers. A misclassification can cost you back taxes, back pay (including overtime), and back benefits, as well as penalties and interest.

2. Review your email policies. The NLRB recently found that employees generally have a right to use employer email systems during non-working time in support of union organizing and concerted activity. The Board's decision means that many employer email use policies, as currently drafted, would probably be found to violate the National Labor Relations Act if an unfair labor practice charge were filed or a union tried to organize employees and argued that the employer's email policy interfered with the organizing efforts. In light of the new "quickie election" rule that the NLRB issued last month, both union and non-union employers would be well advised to review their email policies and revise as needed. (The "quickie election" rule is scheduled to take effect on April 14, but the U.S. Chamber of Commerce and other employer groups, including the Society for Human Resources Management, filed suit on Monday seeking to block the rule.)

It's not too late to register for our webinar on the NLRB's new rules on "quickie elections" and employee email use. The webinar, featuring labor attorneys Tim Davis, Jonathan Martin, and Dan Murphy, is from noon to 1 p.m. Eastern tomorrow (January 8). Be there, or be square!

NLRB Issues Final Rule on Quickie Elections: What employers can expect, and how to prepare

By Robin Shea on 12.19.14
Posted in Labor Relations

This is a client bulletin by David Phippen that we emailed to subscribers yesterday afternoon. I'm re-posting it here, in case you don't already subscribe to Constangy's bulletins. (If you don't and would like to, please send me (Robin) an email, and we'll put you on the list. Subscription is free.)

By David Phippen

Metro Washington D.C. Office

As we alerted you last week, on Monday the ...

BREAKING: EEOC files first transgender suits against private employers

By Robin Shea on 9.26.14
Posted in Gender Identity Discrimination

Bloomberg BNA reports this afternoon that the Equal Employment Opportunity Commission filed two transgender discrimination lawsuits yesterday, the agency's first ever against private-sector employers. One is against a Michigan funeral home, and the other is against a medical clinic in Lakeland, Florida. Both cases appear to involve straightforward discrimination ...

Yes, employers, you can win a transgender discrimination suit

9.18.14
Posted in Discrimination, Gender Identity Discrimination

UPDATE (1/15/16): The U.S. Court of Appeals for the Eleventh Circuit reversed this decision yesterday, finding that Ms. Chavez's "mixed-motive" claim can go to a jury. Here is a copy of the Eleventh Circuit decision. Thanks very much to Ms. Chavez's attorney, Jillian Weiss, who alerted us.

A recent decision from a federal court in Georgia provides an excellent illustration about how ...

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