Are you familiar with the federal Driver’s Privacy Protection Act (“DPPA”) of 1994? The Union of Needletrades, Industrial & Textile Employees (“UNITE”) wasn’t, but found out about it the hard way when a federal court in Pennsylvania certified a class action alleging that UNITE violated the DPPA by using license plate numbers to obtain contact information in furtherance of organizing a union campaign. The DPPA prohibits knowingly obtaining, using and/or disclosing personal information from motor vehicle records.

A recent ruling presents yet another threat to the enforceability of employers’ non-competition and non-solicitation agreements. In Palmer & Cay, Inc. v. Marsh & McLennan Cos., the Eleventh Circuit held that an insurance executive’s non-compete agreement was unenforceable under Georgia law and that the Full Faith and Credit Clause of the United States Constitution gave nationwide force to the district judge’s declaratory judgment nullifying the non-compete agreement.

At a restaurant’s Christmas party, an employee-waitress (Benjamin) became too drunk to drive herself home. A manager and part-owner (Anderson) volunteered to drive her. He made several stops on the way, each time pursuing sexual contact with her. Benjamin drifted in and out of consciousness, once waking to find Anderson removing her clothes. When she returned to work a few days after the party, Anderson hinted that there had been intimate sexual contact between them and that Benjamin had been a willing participant. Anderson instructed her not to tell anyone about what had happened.

Elarbee Thompson was recognized for the third year in a row in the prestigious legal directory Chambers USA 2005, which ranked the firm one of the top employment law firms in Georgia. Three firm attorneys are also listed among top Georgia attorneys in the area of employment law: Stanford G. Wilson, Brent L. Wilson, and up-and-comer Alisa L. Pittman.

Chambers based its ratings on more than 7,000 phone interviews with attorneys and clients which were carried out by a team of 40 full-time researchers over a period of 8 months. Rankings were assessed based on criteria including technical legal ability, professional conduct, client service, commercial awareness/astuteness, diligence, commitment, and other qualities most valued by the client.

Elarbee Thompson garnered special praise for its case preparation, with researchers quoting: "These guys leave no stone unturned before a trial."

Partner Vic Cavanaugh will be inducted into the College of Labor & Employment Lawyers in August at the Annual Meeting of the American Bar Association in Chicago. The College consists of more than 790 of the top labor & employment lawyers from across the country with at least 20 years of distinguished experience in the labor/employment field.

Vic has represented employers in labor and employment law matters since 1970.  In addition to the State Bar of Georgia, the Florida Bar Association, and the Atlanta Bar Association, he is a member of the Industrial Relations Research Association, the Georgia Association of Hospital Attorneys, the Lawyers Club of Atlanta and the Electric Cooperative Bar Association. He has been named a Georgia Super Lawyer by his peers and is President of Worklaw® Network, the international network of independent labor and employment law firms.