Employment &Labor Litigation

Our approach is simple: we learn our clients’ businesses to identify and resolve issues before they become problems, preventing the loss of time and money associated with extensive legal proceedings. When the worst happens, we have achieved tremendous success on behalf of our clients by obtaining early dismissals of lawsuits before trial.

Class and Collective Actions

Our team provides aggressive defense of discrimination claims and actions brought under wage and hour laws such as the Fair Labor Standard Act or under the Fair Credit Reporting Act. Class and collective employment actions, including hybrid lawsuits involving both opt-out and opt-in claims, raise the stakes exponentially for employers. They are inherently more complicated in virtually every phase of litigation, including any settlement. We have a proven track record of managing the burden of electronic discovery that class/collective action plaintiffs often attempt to exploit, and we work with our clients to avoid class and collective actions altogether through pre-litigation waivers of these procedural mechanisms.

ERISA Litigation

ERISA is fraught with the potential for litigation, and our attorneys have successfully defended plans, fiduciaries, sponsors, boards and trustees in the trial courts, as well as in administrative proceedings before the Pension Benefit Guaranty Corporation, the US Department of Labor and other agencies. This complex area of the law prompts high-value claims, including class actions, in a broad array of issues that include breach of fiduciary duty, valuation, fees, stock drops, age discrimination, as well as claims that grow out of fund terminations, multi-employer funds and mergers. In all these matters, experience often is the deciding factor in obtaining successful resolutions in this challenging area of the law.

Whistleblower Litigation

Whistleblower claims have increased in recent years, following incentives and protections against retaliation created by the Dodd-Frank Act and False Claims Act. We defend civil and criminal claims, and we assist clients in prevention by setting up compliance and education programs for managers and employees.

Worker Classification, Compensation and Litigation

Flexible and non-traditional arrangements sometimes create confusion about the workers’ status, particularly with independent contractors. Misunderstandings can lead to government enforcement actions, fines and civil claims. We advise clients on how to set up exempt and non-exempt workers, and we represent them if they are the target of government enforcement actions or private claims.

Workplace Safety and OSHA Counseling and Litigation

Both large and small businesses must comply with a myriad of strict legal rules related to workplace safety, as required under the U.S. Occupational Safety and Health Act of 1970 and its implementing regulations. Our experienced attorneys understand U.S. OSHA’s complex web of rules and what is legally required when operating a safe and healthy workplace. Whether under the obligations of the “general duty clause,” specific employee injury/illness record keeping and reporting rules, employee hazard communication requirements or the vast array of other workplace safety standards, employers need must operate their businesses in compliance and protected against potential OSHA legal exposure. We counsel businesses on OSHA compliance, inspection and enforcement, and help defend them when confronted with potential OSHA liability.

Related Services: Employment Counseling | Labor Relations | Employee Benefits and Executive Compensation | Class and Collective Action | Government & Internal Investigations

Insights

Insight

Why Employer’s Should Embrace Pay Transparency Laws

January 26th, 2023

A recent article by YahooFinance Senior Columnist, Kerry Hannon, notes that “[t]he biggest shortcoming so far of new state salary…

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Insight

Federal Pregnant Workers Fairness Act Arrives

January 18th, 2023

Beginning on June 27, 2023, employers in all states must begin accommodating pregnant employees in exactly the same way that the…

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Taylor English Partner Robert Sanders Named 2022 Wisconsin Super Lawyers Rising Star

November 23rd, 2022

MILWAUKEE, WI, November 23, 2022 – Taylor English is pleased to announce that partner Robert Sanders was recognized as a 2022 Wisconsin…

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Reducing Worker’s Compensation Costs

October 20th, 2022

Workers’ compensation costs are among the largest expense for many companies. In its 2021 Workplace Safety Index, Liberty Mutual…

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Department of Labor Proposes New Rules for Independent Contractors

October 12th, 2022

On October 13 the U.S. Department of Labor will publish a Notice of Proposed Rulemaking that advocates a revised set of criteria for…

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New Reporting Obligations for California Employers and Staffing, Recruiting, and Workforce Solution Companies

September 29th, 2022

Governor Newsom signed into law the much anticipated SB 1162, which expands California’s pay transparency and data reporting…

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Steven Whitehead and Robbin Wilder Presenting at American Staffing Association 2022 Staffing World Conference

August 29th, 2022

Please join us for an interactive panel discussion titled “Best Practices in Navigating Remote Work” at the American Staffing Association…

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Fifty-Six Taylor English Attorneys Recognized by The Best Lawyers in America

August 18th, 2022

ATLANTA, August 18, 2022 – Taylor English Duma is pleased to announce that 56 attorneys were recognized in 42 practice areas in the 2023…

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Taylor English Earns Recognition in 2022 Chambers USA Rankings

June 3rd, 2022

Taylor English Duma LLP is pleased to announce the firm’s recognition in the 2022 edition of Chambers USA, a highly regarded legal…

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Bi-Partisan Legislation Banning Mandatory Arbitration of Sexual Harassment Claims is Signed into Law

March 8th, 2022

Last Thursday President Biden signed into law the bi-partisan legislation, “Ending Forced Arbitration of Sexual Assault and Sexual…

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Federal law banning mandatory arbitration of sex harassment claims passes Senate.

February 10th, 2022

Despite a general deadlock of the Democratic and Republican legislators on recently proposed legislation, the bill that allows persons…

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Bi-Partisan Legislation Banning Mandatory Arbitration of Sexual Harassment Claims

February 8th, 2022

A bill that would allow persons claiming sexual harassment or sexual assault under any federal, state or tribal law to opt out of any…

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Insight

Litigating Gender Discrimination Claims in the Post-Me-Too Era

February 8th, 2022

On February 8, 2022, Gail Holtzman presented “Litigating Gender Discrimination Claims in the Post-Me-Too Era,” at the 2022 National Labor…

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Insight

The Discrimination Landmine of Ditching Your Landline

January 31st, 2022

Some businesses, including restaurants, are giving up their landlines. But could this expose them to federal disability discrimination…

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Twelve Taylor English Attorneys Named Among 2021 Legal Elite by Georgia Trend

December 7th, 2021

Taylor English Duma LLP is pleased to announce that 12 of the firm’s attorneys have been selected among Georgia Trend magazine’s 2020…

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Taylor English Receives Recognition in U.S. News & Best Lawyers 2022 “Best Law Firms” Rankings

November 5th, 2021

Taylor English Duma LLP is pleased to announce the firm’s recognition in the 2022 edition of the U.S. News & Best Lawyers “Best Law…

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Insight

President Joe Biden’s Path Out of the Pandemic: What Employers Need to Know

September 10th, 2021

On September 9, 2021, President Joseph R. Biden announced Path Out of the Pandemic, a new COVID-19 Action Plan, mandating vaccines for…

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Significant Labor Law Signals from New NLRB General Counsel

August 20th, 2021

The National Labor Relations Board’s Office of the General Counsel issued a lengthy memorandum on August 12 addressed to all Regional…

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Insight

Forty-Eight Taylor English Attorneys Recognized by The Best Lawyers in America

August 20th, 2021

Taylor English Duma is pleased to announce that 48 attorneys were recognized in 39 practice areas in the 2022 edition of The Best Lawyers…

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Mailbox “Interfered with Laboratory Conditions” But Amazon Did Not Threaten or Coerce Workers

August 6th, 2021

The NLRB Hearing Officers Report on objections filed by the Retail, Wholesale and Department Store Union has been widely reported but…

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Insight

Taylor English Earns Recognition in 2021 Chambers USA Rankings

May 28th, 2021

Taylor English Duma LLP is pleased to announce the firm’s recognition in the 2021 edition of Chambers USA, a highly regarded legal…

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Insight

Mind the Gap: Is Your Gig-Worker Algorithm Portrayed Accurately?

February 25th, 2021

Gig workers, like delivery drivers, are developing their own software to work out if the pay they receive matches what they have been…

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Insight

Uber May Owe £1bn in Taxes After UK Supreme Court Ruling on “Gig Workers”

February 19th, 2021

The UK’s Supreme Court, the highest appeal court in the UK, has held in a unanimous ruling that Uber drivers are not independent…

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Thirty-Three Taylor English Attorneys Named Among 2021 Georgia Super Lawyers

February 19th, 2021

Taylor English is pleased to announce that 25 of its attorneys have been included in the 2021 Super Lawyers list for Georgia, and an…

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Insight

Quick steps again taken to move Biden labor & employment agenda ahead.

January 22nd, 2021

As has been widely reported this morning, President Biden is rapidly doing whatever can be done by the Executive Branch to implement his…

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Twenty-One Taylor English Attorneys Named Among 2020 Legal Elite by Georgia Trend

December 4th, 2020

Taylor English Duma LLP is pleased to announce that 21 of the firm’s attorneys have been selected among Georgia Trend magazine’s 2020…

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Insight

Taylor English Receives Recognition in U.S. News & Best Lawyers 2021 “Best Law Firms” Rankings

November 6th, 2020

Taylor English Duma LLP is pleased to announce the firm’s recognition in the 2021 edition of the U.S. News & Best Lawyers “Best Law…

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Insight

Forty-Nine Taylor English Attorneys Recognized by The Best Lawyers in America

August 21st, 2020

Taylor English Duma is pleased to announce that 49 attorneys were recognized in 37 practice areas in the 2021 edition of The Best Lawyers…

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Supreme Court of the United States Rules That Title VII Protects Gay and Transgender Employees from Discrimination

June 24th, 2020

On June 15, 2020, the U.S. Supreme Court issued a landmark ruling that Title VII of the Civil Rights Act of 1964 protects gay and…

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Insight

Employer Settles EEOC Suit Alleging It Pressured Pregnant Nursing Assistant To Quit

April 23rd, 2020

In an article published by HR Dive, Randy Gepp was quoted regarding pregnancy bias claims.  The U.S. Equal Employment Opportunity…

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About Taylor English

Taylor English Duma LLP was built from the ground up to provide highest-quality legal services for optimal value. The firm combines the best aspects of a traditional law firm with seasoned attorneys throughout the United States. Together, our attorneys work each day to provide timely, creative, and cost-effective counsel to help clients solve problems and achieve goals. Taylor English clients run the gamut from Fortune 500 companies to middle market businesses to start ups and entrepreneurs. The firm is the Georgia law firm member of GGI Global Alliance AG, the leading worldwide alliance of accounting and law firms, giving our clients access to a trusted stable of high-quality professional services organizations around the globe.

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