Family and Medical Leave Act Turns 20

The Family and Medical Leave Act was enacted 20 years ago, in February 1993.  Despite its age, it is still a controversial law – with some folks still hoping to abolish it, some folks still trying to expand its reach, and courts still disagreeing over how to interpret some of its provisions.

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 […]

11th Circuit Court of Appeals Holds that a Cause of Action Exists for Retaliatory Hostile Work Environment

The U.S. 11th Circuit Court of Appeals (one of 11 courts that are one step below the U.S. Supreme Court) has concluded that an employee can pursue a claim where the employee was retaliated against by being required to work in a hostile environment.  This ruling has the effect of creating a new cause of […]

May an Employer Require Employees to be 100% Healed Before Returning from Medical Leave?

It may seem logical that an employer that is concerned about its employees’ health may require employees who have been out on medical or maternity leave to be fully healed before returning to work so as to protect against a re-injury.  But, such a requirement may give the employee a claim that the employer has […]

Litigation Primer: What To Expect When You Or Your Company Faces Litigation Part IV: Litigation Realities and Strategies for Litigation Avoidance

Having worked as a litigator for over twenty years, I have noticed that most clients are unprepared when they become involved in litigation.  This is true regardless of whether the client is the plaintiff (who can choose whether the dispute is one worth litigating over) or the defendant (who may have been pulled into litigation […]

Litigation Primer: What To Expect When You Or Your Company Faces Litigation Part II: Discovery

Having worked as a litigator for over twenty years, I have noticed that most clients are unprepared when they become involved in litigation.  This is true regardless of whether the client is the plaintiff (who can choose whether the dispute is one worth litigating over), or the defendant (who may have been pulled into litigation […]