In Genesis Healthcare v. Symczyk, decided April 16, 2013, the U.S. Supreme Court held that a group, or collective, action to recover unpaid wages can be mooted by an employer’s offer to have judgment entered against it for the full amount of the lead plaintiff’s unpaid wages and reasonable attorney’s fees, if the court overseeing [...]
When Can a Party Win Attorney’s Fees?
Clients often ask me whether they can recover their attorney’s fees associated with resolving a dispute. I hear this question both from clients that are trying to pursue a claim and from clients that are defending against a claim that has been made against them. The American Rule is that each party to a dispute [...]
Court Ruling Raises More Questions About NLRB’s Recent Social Media Decisions
I have discussed the National Labor Relations Board’s recent social media decisions here and here. To summarize, in the past year or so the NLRB has made it very clear that, in its view, all employees (union or not) have a right to discuss the terms and conditions of their employment on social media sites [...]
National Labor Relations Board Issues First Decision Finding Company’s Social Media Policy Violates National Labor Relations Act
As I have discussed here, the National Labor Relations Board (“NLRB”) has recently turned its attention to companies’ social media policies. Under Section 7 of the National Labor Relations Act, all employers, including those that have no union, are prohibited from interfering with employees’ rights to discuss their terms and conditions of employment amongst themselves. [...]
EEOC Announces New Strategic Plan
The Equal Employment Opportunity Commission (“EEOC”) has issued a draft of its new 4-year strategic plan that is scheduled to take effect on October 1, 2012. While the strategic plan doesn’t tell us exactly which cases the EEOC will find most important (and specific facts will generally determine the likelihood of the EEOC investigating a [...]
U.S. 11th Circuit Court of Appeals Takes a Stab at Clarifying Effective Date of Georgia’s New Law Regarding Restrictive Covenants
I have posted several articles discussing Georgia’s confusing efforts to codify its laws governing restrictive covenants such as noncompetes, nonsolicitation agreements and nondisclosure agreements that have now resulted in three different sets of rules governing restrictive covenants. (The determination of which set of rules to apply depends on the date the agreement was signed.) My [...]
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