The Sarbanes-Oxley Act: Recent Decisions Result in Positive Developments for Employers
Brent L. Wilson & Brendalyn B. Lumpkins
These days, corporate executives find themselves discussing SOX more than ever; and we are not talking about the World Series champions or the articles of clothing that seem to mysteriously vanish in the wash, but the Sarbanes-Oxley Act of 2002. SOX, which provides broad protection for employees of publicly-held companies who report alleged conduct that either violates Federal law or constitutes a fraud on shareholders, is generally believed to apply only to publicly-held companies. However, in some early cases interpreting the Act, some courts found its reach to be much broader than the plain language of the statute would suggest.
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Resolving Wage and Hour Issues in the New Year
Amy Snell Auffant
Employees are filing compensation-related lawsuits at a record number, in part due to confusion surrounding the recent changes to wage and hour laws. Because the Fair Labor Standards Act (FLSA) is not intent-based, employers are liable for violations even if they do not intentionally violate the law. Thus, when an employer mistakenly classifies one or more employees as exempt from overtime, the employer will be found liable even if the misclassification was based solely on a misreading or misunderstanding of the law. Fortunately, since the new overtime regulations went into effect last year, the Department of Labor (DOL) has steadily issued opinion letters clarifying exemptions and other classification issues under the new regulations.
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More Concerns About Restrictive Covenants
Robert W. Capobianco
You may already be aware of how difficult it is to enforce restrictive covenants in Georgia. If you think you do not need to continue reading because your company either: (1) does not conduct business or employ employees in Georgia or (2) has choice-of-law provisions in its restrictive covenant agreements selecting the application of law of a state other than Georgia, you are mistaken. As restrictive covenant litigation becomes more prevalent and Georgia’s anti-restrictive covenant reputation grows, even employees who never worked in Georgia and whose agreements contain non-Georgia choice-of-law provisions are seeking- and, in some cases, finding- refuge in Georgia courts. While there are still steps employers can take to protect their interests, a recent Eleventh Circuit case demonstrates that, for Georgia and nationwide employers alike, the most critical step in restrictive covenant litigation may very well be the race to the courthouse.
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Update: When Does An On-Line Job Seeker Become An Applicant For Purposes of Executive Order 11246
The Impact of the OFCCP’s New Rule
R. Read Gignilliat & Lisa J. Bauer
The OFCCP, which enforces laws regulating employment practices by federal contractors, issued a new final rule establishing its definition of an “Internet applicant.” Because the OFCCP requires federal contractors to maintain certain records on all “applicants,” the new rule will have a significant impact upon covered employers who solicit applications electronically.
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New Elarbee Thompson Partners Announced
Elarbee Thompson is pleased to announce that Amy Snell Auffant and Oren Griffin have been named partners in the firm.
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