The Perils of Defending a Consumer Class Action
by Herb Shellhouse
Consumer class actions have proliferated over the past several years as the Plaintiffs Bar has discovered new and inventive ways to use class actions as a weapon against corporate America. Consumer class actions are particularly suited to two types of attacks: (1) where the corporate defendant has adopted a uniform practice in conducting its business that would apply to each member of the plaintiff class, and (2) where the defendant has systematically varied from its settled way of conducting business to the detriment of plaintiff class members.
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Working Families Flexibility Act
by Tracey L. Glanton
On March 3, 2009, Representatives Carolyn B. Maloney (D-NY), George Miller (D-CA), and John Lewis (D-GA) introduced the “Working Families Flexibility Act” (H.R. 1274). The Act would protect from retaliation and discrimination, employees who request flexible work schedules. The legislation was created in an effort to help employees balance the demands of both work and family.
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Healthy Families Act of 2009
by Lisa N. Knottek
On May 18, 2009, Democrats in Congress introduced the Healthy Families Act of 2009. The Healthy Families Act would require any employer who employs at least fifteen people to provide employees a minimum of seven days paid sick leave to be used to care for the employee or a relative of the employee.
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Elarbee Thompson Welcomes Two Lateral Partners
Elarbee Thompson welcomes Herbert D. Shellhouse and David C. Whitlock have joined the firm as lateral partners.
“Dave and Herb’s knowledge and achievements in handling complex litigation and employment law matters will facilitate our firm in providing our client’s with top notch litigation.” stated Elarbee Thompson Managing Partner Stanford G. Wilson. “We are thrilled that David and Herbert have decided to join our team and know that their valuable experience and expertise will help Elarbee Thompson to continue to provide our clients with outstanding leadership and service.”
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FMLA Enhancement Act of 2009
by Jennifer H. Keaton
In January 2009, H.R. 824 - the FMLA Enhancement Act of 2009 - was introduced to amend and enhance the Family and Medical Leave Act of 1993 (“FMLA”). This bill would expand the FMLA’s current application to employers by lowering the threshold for coverage. Instead of fifty or more employees being the threshold, employers who employ twenty-five employees or more would become subject to the FMLA under this proposed amendment. Not only would more employers be subject to the FMLA, but eligible employees would be entitled to a new form of leave that would be in addition to the current leave provided by the FMLA.
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Immigration Enforcement and Reform: What Lies Ahead
by David C. Whitlock
Immigration enforcement is here to stay. Although the Obama Administration has raised concern about the manner and consequences of worksite enforcement raids, it is clear that the Administration will use civil and criminal enforcement measures to go after employers believed to be knowingly employing illegal workers.
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Recent Media Mentions
08-11-09 - SCOTUS 2008: Labor, Employment Law Roundup. Employment Law 360. August 11, 2009. Article by William Deveney.
08-01-09 - Manager Misclassification: Still Business as Usual? The Flame. Article by Douglas H. Duerr.
07-19-09 - Protect your trade secrets. The Atlanta-Journal Constitution. Article by Robert Capobionco.
07-14-09 - A New Twist on Diversity What the recent Supreme Court ruling on employee discrimination might mean for your human resource practices, Business to Business, Quotes by William Deveney.
07-03-09 - Hurdles hamper state illegal immigration law, Atlanta Business Chronicle, Quotes by David Whitlock.
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