We recently resolved a restrictive covenant dispute in favor of our client after obtaining a preliminary injunction to enforce the covenant. After an employee announced her resignation to work for a competitor, we obtained a preliminary injunction against the employee in the U.S. District Court for the Southern District of Florida, precluding her continued employment. The employee appealed...Read More
The U.S. Court of Appeals for the Eleventh Circuit recently affirmed the grant of summary judgment and dismissal of claims against our client for alleged retaliation under 42 U.S.C. § 1981. In a case filed in U.S. District Court for the Northern District of Georgia, a former employee claimed he had been terminated in retaliation for making allegations of race discrimination against the same...Read More
The employment law firm of Hall, Arbery & Gilligan LLP has gained two new partners, David Allen Roberts and Rebecca Williams Shanlever, and a new counsel, Jonathan D. Letzring. The new firm, Hall, Arbery, Gilligan, Roberts & Shanlever LLP, focuses on matters related to the workplace, including litigation and advice regarding non-compete and other employment agreements, compliance with...Read More
The firm is proud to be recognized in the 2013 Super Lawyers Business Edition as the “Top Small Law Firm” for Employment Law in the state of Georgia. Super Lawyers Business Edition is an annual resource that serves as the go-to-guide for general counsel and businesses when making legal hiring decisions. Super Lawyers is a research-driven, peer influenced rating service of...Read More
Hall, Arbery & Gilligan LLP partner Wit Hall has years of experience advising clients about federal government contract requirements including the drafting of affirmative action plans (AAPs), defense of compliance reviews and glass ceiling audits, and general compliance with Office of Federal Contract Compliance Programs (OFCCP) regulations.
We can help you navigate OFCCP rules,...Read More
The new salary requirements for overtime exemptions are expected to take effect in 2016. As reported in a previous legal update, the proposed final rule would more than double the salary level required for exemptions applicable to executive, administrative, or professional employees, from $455 per week ($23,660 per year) to $970 per week ($50,440 per year).
Employers are urged to review their...Read More
The “Defend Trade Secrets Act” has passed through Congress and is awaiting signature by President Obama, which is expected any day now. Up to now, trade secrets have been the exclusive province of state law. Although the new law will not displace state laws, it will provide an overlapping set of procedures to protect trade secrets and allow for enforcement of misappropriation claims in...Read More
A recent decision by the Eleventh Circuit Court of Appeals (covering Georgia, Florida, and Alabama) may have opened the door for countless otherwise-expired claims of age discrimination with no evidence of intentional basis.
In Villareal v. R.J. Reynolds Tobacco Co., the Court ruled that an unsuccessful job applicant could pursue a claim of age discrimination under the federal Age...Read More
The US Labor Department’s Wage and Hour Division (WHD) recently issued an Administrative Interpretation that greatly expands the possibility that two or more businesses are “joint employers” of one employee. Joint employment status means two or more employers may be held jointly and severally responsible for fulfilling minimum wage, overtime, and other obligations under the...Read More
A recent decision by the National Labor Relations Board could have a major impact on tens of thousands of employees who never thought that they would have to worry about labor unions. In Browning Ferris Industries of California, Inc. et al., NLRB Case No. 32-RC-109684 (August 27, 2015), a majority of the five member Board held that a company was required to recognize and bargain with a union...Read More