Take Steps to Prevent Teenage Harassment
Richard M. Escoffery
The EEOC has described the harassment of teenagers in the workplace as "a pervasive problem that's long existed under the radar." In the two years since it established a national program called the Youth@Work Initiative, the EEOC has been vigorously pursuing sexual harassment claims on behalf of teenage employees.
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Should Employers Expect an Increase in Retaliation Claims in 2007?
Sharon P. Morgan & Preston B. Davis
Earlier this year, the Supreme Court made it much easier for employees to show that an employer has violated Title VII’s anti-retaliation provision. In Burlington Northern & Santa Fe Railway Co. v. White, the Court held that “the scope of [Title VII’s] anti-retaliation provision extends beyond workplace-related or employment-related retaliatory acts and harm” to include any materially adverse employer action which “might well have dissuaded a reasonable worker from making or supporting a charge of discrimination.” The Court noted that the standard is an objective one – the alleged retaliatory act must be likely to deter a reasonable person standing in the employee’s shoes from filing a complaint.
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Restrictive Covenant Developments in 2006
Robert W. Capobianco
In 2005, two Eleventh Circuit Court of Appeals’ decisions validated a “race to the courthouse” approach in restrictive covenant litigation. As a result, employers seeking to enforce their restrictive covenants were confronted with additional strategic questions regarding the timing and venue of restrictive covenant litigation.
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Requirement to Record Time Will Not Lead to Loss of Exempt Status under the FLSA
Stanford G. Wilson & Lisa J. Bauer
There is a common misperception that requiring employees exempt from overtime to record their hours of work, will result in loss of the overtime exemption. A number of exempt employees also thought that their employers could not set their hours of work. These myths persisted even though most courts rejected them. Nonetheless, the U.S. Department of Labor's Wage and Hour Division (“DOL”) has also stated that employers may adopt workplace rules requiring employees to record and track their hours, and even set their work schedules without jeopardizing the employees' exempt status under the Fair Labor Standards Act's (FLSA) exemption for executive, administrative or professional employees.
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Firm News
- Managing Partner named to the BTI Consulting Group’s (BTI) "Client Service All-Star Team for Law Firms"
- Partners recognized by their peers in Georgia Trend Magazine's 2006 "Legal Elite" list.
- New partner announcement
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