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 […]
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 […]
NLRB Suspends Posting Requirement Indefinitely
The National Labor Relations Board previously implemented a requirement that all employers – including non-union shops – must post a document advising employees of certain rights no later than April 30, 2012. As a result of challenges to the posting requirement that are pending in the District of Columbia Circuit Court of Appeals as well […]
Litigation Primer: What To Expect When You Or Your Company Faces Litigation Part III: Motions Practice, Trial And Appeal
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 […]
Exceeding Authorized Use of Company’s Computer Network May Violate Federal Law
The U.S. Court of Appeals for the Ninth Circuit (based in California) recently issued an important ruling regarding the effects of an employee’s use of a company’s computer network beyond the scope authorized by the employer. This ruling follows similar rulings that were issued by U.S. Courts of Appeals in 2010 here in the Eleventh […]
Outcome Of Recent 11th Circuit Decision On Restrictive Covenants Likely Would Have Been Less Favorable To Employer Had New Restrictive Covenants Act Been In Effect
The United States Court of Appeals for the Eleventh Circuit (based in Atlanta) recently issued a decision interpreting Georgia’s caselaw governing restrictive covenants in employment agreements. The Court enforced the covenants and reversed a decision by the District Judge that the covenants were not enforceable. This decision has been cited by supporters of Georgia’s upcoming […]
