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, 20203 min read
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, 20202 min read
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, 20163 min read
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, 20162 min read
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, 20162 min read
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, 20161 min read
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, 20162 min read
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, 20162 min read
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, 20162 min read
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, 20163 min read
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, 20162 min read
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, 20162 min read
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, 20162 min read
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, 20162 min read
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, 20164 min read
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, 20162 min read
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, 20163 min read
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, 20162 min read
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, 20161 min read
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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