February 2013 – Two of the founding partners of Hall, Arbery & Gilligan LLP (Wit Hall and Chris Arbery) have been recognized as 2013 “Georgia Super Lawyers” as published by Atlanta Magazine. According to the selection committee, Super Lawyers are those who have “achieved excellence in their practice” and are selected based on peer recognition and professional achievement.
February 2013 – Hall, Arbery & Gilligan LLP recently obtained dismissal of all claims in an employment case against its client, a nationwide retailer, on a successful motion to dismiss. The plaintiff, a former employee of the retailer, filed a complaint alleging various tort claims including intentional infliction of emotional distress, invasion of privacy, and tortious interference with...Read More
Hall, Arbery & Gilligan LLP secured successful outcomes for several clients early in 2013 in cases involving Title VII civil rights claims, business disputes over competition by departed employees, and tort claims filed against a former employer. In two cases pending in the Northern District of Georgia, we obtained complete summary judgment in a Title VII retaliation case, and a complete...Read More
Are you prepared for a potential lawsuit or government investigation involving your employment practices? Most employers know they have significant risk in this area, but do not know how to limit their legal exposure. To properly assess and improve its risk profile, and potentially avoid a legal dispute altogether, an employer should work with legal counsel to focus on the following key...Read More
The Eleventh Circuit Court of Appeals recently held that an employer is not absolved from liability for unreported overtime under the Fair Labor Standards Act (FLSA) if it has actual or constructive knowledge that time records are inaccurate. The ruling in Bailey v. TitleMax of Georgia (No. 14-11747) reversed a lower court’s decision accepting the defense that an employee could not recover...Read More
What are you providing employees in exchange for their time and service? The answer many managers and supervisors probably would give is “a regular paycheck; insurance.” Unfortunately, most employees probably would give the same answer. Managers who want more from employees should consider what more they are doing (or should be doing) for employees, every day.
Managers and supervisors...Read More
The U.S. Equal Employment Opportunity Commission (“EEOC”) recently issued guidance regarding protections for pregnant employees under federal law. The guidance, published on the EEOC’s website and linked below, states that some temporary impairments arising out of pregnancy can be considered “disabilities” under the Americans With Disabilities Act (“ADA”) which employers must reasonably...Read More
Although the Obama Administration announced last week that it will delay implementation of some employer mandate and penalty provisions of the Patient Protection and Affordable Care Act (ACA) until 2015, other requirements remain in place and on schedule.
For example, by October 1, 2013, all employers who are subject to the Fair Labor Standards Act (FLSA) (which applies to virtually all...Read More