Federal Court Reluctantly Enforces Class Action Waiver, Barring FLSA Collective Action
By Joseph A. White In 2013, the pendulum swung in favor of employers seeking to enforce class action waivers in arbitration agreements. A...
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FBW
- Feb 18, 2020
- 3 min
On-line Speech is No Different Than Traditional Forms of Public Communication
– Developing Law Around Social Media and the Workplace By David S. Fried Over the last year, we have written, blogged and linked many of...
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FBW
- Feb 17, 2020
- 2 min
When is a Commission “Earned?” Check your State’s Department of Labor Regulations.
By David S. Fried My law partner, Joe White, and I recently “attended” a video seminar discussing legal disputes surrounding commission...
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FBW
- Apr 18, 2016
- 3 min
8th Circuit: Obesity Not an ADA-Protected Disability
In previous posts, we’ve contemplated whether obesity might qualify as an ADA-covered disability under the more relaxed standards ushered...
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FBW
- Mar 30, 2016
- 2 min
A Whirlwind Month for Sexual Orientation Discrimination Claims
Since Congress enacted Title VII in 1964, federal courts have almost uniformly declined to recognize a statutory claim based on sexual...
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FBW
- Mar 28, 2016
- 2 min
Trial Court Should Have Allowed Unidentified Witness, Appellate Court Holds
Surprise! A medical malpractice plaintiff won a significant victory this month when the Court of Appeals held that a trial court should...
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FBW
- Mar 2, 2016
- 1 min
EEOC: Employers Must Individually Assess Prospective Employees’ Disability Status
Cessna recently paid six figures to settle a disability discrimination lawsuit brought by the Equal Employment Opportunity Commission...
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FBW
- Jan 7, 2016
- 2 min
Appellate Decision In Sexual Abuse Case Holds Lesson For Georgia Employers
By Joseph A. White Georgia employers who fail to follow their own background check procedures do so that at their peril. That is one of...
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FBW
- Jan 7, 2016
- 2 min
Supreme Court Raises Bar On Harassment Victims
Title VII prevents workplace harassment based on an employee’s race, sex, or other protected status. But the law draws a distinction...
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FBW
- Jan 7, 2016
- 2 min
The Defensive Use of Social Media
E-mail, texts, MySpace, Facebook, Twitter, LinkedIn, Flickr, Instagram, Pinterest, blogs and other social media sites are no longer...
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FBW
- Jan 7, 2016
- 3 min
Title VII Covers Male Employee Harassed for Being “Unmanly”
In a 10-6 en banc decision, the United States Court of Appeals for the Fifth Circuit recently upheld a jury verdict in favor of a male...
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FBW
- Jan 7, 2016
- 2 min
U.S. Senate Passes Historic Gay Rights Bill
On Thursday, November 7, 2013, the United States Senate passed a bill that aims to prevent discrimination against gay and transgender...
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FBW
- Jan 7, 2016
- 2 min
Vegas Vacation: Is It FMLA Protected?
By David S. Fried In Ballard v. Chicago Park District, No. 13-1445 (7th Cir. January 28, 2014), the Seventh Circuit said yes. Beverly...
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FBW
- Jan 7, 2016
- 2 min
Workers’ Compensation Act Bars Rape Victim’s Claim
By Joseph A. White The Georgia Court of Appeals recently issued a decision that illustrates how difficult it is for personal injury...
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FBW
- Jan 6, 2016
- 2 min
Fourth Circuit: Employer May Be Held Liable for Third-Party Harassment
By Joseph A. White The Fourth Circuit recently joined a number of other federal circuit courts (including our 11th Circuit) in holding...
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FBW
- Jan 6, 2016
- 4 min
US Supreme Court Expands Whistleblower Protection Under The Sarbanes-Oxley Act
By David S. Fried Various federal laws prohibit the United States’ roughly 5,000 publicly traded companies from retaliating against...
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FBW
- Jan 6, 2016
- 2 min
Four Tips for Preparing to Speak with an Employment Lawyer
By Joseph A. White Our firm screens hundreds of potential discrimination claims each year. Often, we end up turning away cases because...
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FBW
- Jan 6, 2016
- 3 min
Fourth Circuit: Severe Temporary Impairment May Constitute An ADA Disability
By Joseph A. White The Americans with Disabilities Act (“ADA”) is a federal law that protects “disabled” workers from employment...
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FBW
- Jan 6, 2016
- 2 min
Attorney Client Privilege and Work Product Protection for Law Firm In-House Counsel
In Georgia, a law firm’s in-house counsel is now entitled to the same attorney client-privilege and work product protections as its...
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FBW
- Jan 6, 2016
- 1 min
Obesity Now A Protected Disability?
In June 2013, the American Medical Association (AMA) officially recognized obesity as a disease. What are the implications of that...
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