Employment and Labor Relations
- Employment and Labor Relations
Responsiveness is the hallmark of our practice. We understand that the employer-employee dynamic is critical to the success of a business and, with more than 25 employment attorneys—many of whom spent decades honing their skills at management-side law firms and corporate in-house employment departments—we stand ready to enhance and/or protect your business with effective, business-oriented legal counsel.
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. We routinely represent businesses of all sizes—from Fortune 500 companies to startup
entities—in all aspects of the employment relationship. From pre-employment screening, including those that occur under the Fair Credit and Reporting Act, through hiring and discipline to termination, from training to counseling, from internal complaints to administrative complaints and full-blown litigation, Taylor English responds to client needs while always keeping in mind the business interests that are our clients’ highest priorities.
We recognize that, at times, clients will benefit from alternative billing arrangements in those circumstances, and have successfully partnered with clients to implement flat fees for certain projects, including training, audits, handbook preparation, and certain agency proceedings and litigation situations.
"Taylor English's Employment and Labor Relations group is my 'go to' firm for any employment-related issue or matter that RentPath has. The firm's employment lawyers are responsive, they quickly understand and can explain the issues involved and they develop a strategy that is consistent with the Company's business needs and designed to obtain superior results."
- Marlon Starr, Senior Vice President, General Counsel and Corporate Secretary, RentPath, Inc.
On behalf of Pilgrim’s Pride, moved for summary judgment as to all allegations and claims asserted. On June 5, 2015, U.S. Magistrate Judge Patricia Barksdale issued a Report and Recommendation recommending that the Motion for Summary Judgment be granted in its entirety and Judgment to be entered in favor of Pilgrim’s Pride. On July 14, 2015, U.S. District Judge Timothy Corrigan issued an Order Adopting the Report and Recommendation and granting Summary ...
Defended BSI, the world’s first national standards body, and one of the world's largest independent certification bodies for management systems, with over 90,000 registered sites across the globe, in a wage/hour lawsuit (alleged misclassification) filed by a former employee, seeking more than $100,000 in alleged unpaid overtime and related damages and fees. At the completion of discovery, we successfully moved for summary judgment on our client’s ...
Represented global insurance company in age discrimination lawsuit following reduction-in-force. After extensive discovery, we successfully moved for summary judgment on behalf of the employer. This resulted in a judgment in the company’s favor, as well as an award of costs against the plaintiff.
Represented chemical manufacturing company in pregnancy discrimination lawsuit filed by terminated employee. Following extensive discovery, filed a successful motion for summary judgment on all plaintiff’s claims. The court entered judgment in favor of the company, and ordered plaintiff to pay costs to the company.
Represented transportation company in race discrimination lawsuit filed in state court in South Georgia. Removed the case to federal court, and instituted discovery. After plaintiff failed to appear for his deposition, we demanded that plaintiff pay travel and other costs associated with his failure to appear. Faced with the likelihood of paying costs to the company, the plaintiff dismissed his lawsuit.
Represented a manufacturer in a jury trial for a racial harassment claim in 2014. Obtained jury verdict in favor of defense.
Successfully defended manufacturing company executives and management employees in lawsuit brought by former employee for wrongful termination, intentional infliction of emotional distress, and other tort claims. Obtained dismissal of all claims.
Achieved favorable confidential settlement at mediation on behalf of healthcare provider resolving litigation concerning race and national origin discrimination and retaliation claims in the Northern District of Georgia.
Obtained multiple temporary restraining orders in Georgia Superior Court on behalf of regional financial services firm, enforcing non-solicitation covenants of departing financial advisors and other executives who went to work for industry competitors.
Defended individual clients in wage and hour litigation in the United States District Court for the Northern District of Georgia brought by live-in nanny for failure to pay overtime wages. Obtained summary judgment on FLSA claims as a result of successful assertion of the live-in domestic service workers exemption to FLSA’s overtime compensation requirements.
Active defense counsel for TBS, Inc. and subsidiaries, including CNN, CNN Español, and The Cartoon Network, Inc., in administrative charges filed at the Equal Employment Opportunity Commission and in federal lawsuits brought in Atlanta, Georgia, and New York, New York, alleging discrimination and retaliation under federal anti-discrimination laws. Taylor English regularly advises TBS, Inc. and its subsidiaries on complex employment law issues and ...
Taylor English represents RentPath, Inc. in restrictive covenant lawsuits. Recently, we brought an action in Georgia Superior Court to enforce employee covenant agreements and recover damages resulting from the departures of several sales executives. Given the highly competitive nature of the industry, it was important that RentPath acted aggressively in enforcing its restrictive covenants. This matter resulted in a very favorable settlement in ...
Defended HomeBanc, and its former CEO, in Wage-Hour collective actions in Georgia and Florida federal courts seeking to treat mortgage loan officers as non-exempt and thereby entitled to overtime pay. All were settled very inexpensively.
Assumed defense of Massachusetts Mutual Life Insurance Company after a default judgment had been entered against the company by a federal judge in Georgia, in an ERISA case discovery dispute. After a hearing on damages, we appealed to the 11th Circuit, which vacated the default judgment.
Defended Fortune 100 companies, including John Harland Co., Brown & Williamson, General Motors, IBM, Tenneco Packaging/PACTIV, and Rockwell International in various individual and class action discrimination suits, jury and non-jury, in federal courts in Georgia.
- Multiple suits defending or seeking to void non-compete agreements
Served as attorneys’ fee expert for an ERISA fiduciary and the City of Atlanta.
Represented a start-up Georgia company that expanded its precious metals business to Illinois and California. Provided legal advice in all aspects of corporate and business development and assisted the company in opening more than 200 locations throughout the United States. Prior to returning to Taylor English, Mr. Lucas served as Senior General Counsel for the company and oversaw all aspects of the business operations, regulatory compliance, corporate ...
Successfully resolved hybrid wage and hour collective/class action brought by managers of national coffee store company who alleged that they were misclassified as exempt.
Recovered in arbitration more than $2 million in additional severance benefits for a senior executive who was let go by his company after it was acquired.
Obtained jury verdict for Fortune 200 company in a potentially $50 million case in which plaintiffs alleged that their plant was closed because of the age of the workforce in violation of the Age Discrimination in Employment Act.
Successfully defended the first class action under the WARN Act.
Successfully resolved putative collective action by managers and assistant managers of national fast food restaurant chain who alleged that they were misclassified as exempt under the Fair Labor Standards Act.
Won summary judgment against the plaintiff’s claim for minimum and overtime wages under the Fair Labor Standards Act based upon the fact that the plaintiff was exempt under the computer professional exemption.
Represented the plaintiff to a satisfactory resolution in companion litigation in Georgia and Colorado to enforce restrictive covenants and obtain protection against the misappropriation of trade secrets.
Represented the defendant, a Seventh Day Adventist school and sanitarium, against claims brought by the plaintiff under Tennessee’s workers’ compensation statutes. The defendant’s defense was based in part under the United States Constitution and the Tennessee Religious Freedom Restoration Act.
Successfully compelled compliance with client’s restrictive covenants against a group of departing employees before expense of litigation arose. Given the fast and aggressive strategy employed, client was able to prevent the disclosure of its trade secret and confidential information, as well as the solicitation of its existing client base.
- September 23, 2016
- September 14, 2016
- August 19, 2016
- "Is That Time-Off Request Because You’re Sick—or to Watch the Olympics?" Society for Human Resource ManagementAugust 11, 2016
- August 1, 2016
- July 8, 2016
- July 8, 2016
- July 5, 2016
- July 5, 2016
- June 23, 2016
- "Taylor English Duma Adds a Counsel to Employment and Labor Relations Group," Marietta Daily JournalJune 23, 2016
- June 22, 2016
- "Taylor English Duma Adds Diana Sarju Kim to the Employment and Labor Relations Group," Citybizlist AtlantaJune 17, 2016
- June 17, 2016
- June 16, 2016
- June 3, 2016
- June 3, 2016
- June 3, 2016
- March 7, 2016
- January 27, 2016
- January 8, 2016
- "Deadline Approaching for Obamacare Hammer to Come Down on Large Employers," Atlanta Business ChronicleOctober 30, 2015
- October 14, 2015
- October 8, 2015
- "NLRB Green-Lights Union Expansion with Broadened 'Joint Employer' Rule," Construction Financial Management AssociationOctober 8, 2015
- October 6, 2015
- September 15, 2015
- July 28, 2015
- July 16, 2015
- June 23, 2015
- May 11, 2015
- January 20, 2015
- January 1, 2015
- December 29, 2014
- "NBCUniversal’s $6.4 million Settlement May Restrain Unpaid Internships," Society for Human Resources ManagementNovember 6, 2014
- May 29, 2014
- May 6, 2014
- "Chicago NLRB OKs Northwestern University Football Players' Petition to Unionize," Workforce MagazineMarch 29, 2014
- January 31, 2014
- January 31, 2014
- December 19, 2013
- December 17, 2013
- December 2, 2013
- December 2, 2013
- October 14, 2013
- August 27, 2013
- March 14, 2013
- August 15, 2016
- June 15, 2016
- June 10, 2016
- Five Attorneys Also Recognized as Leaders in Their FieldsMay 27, 2016
- December 1, 2015
- November 2, 2015
- October 6, 2015
- August 17, 2015
- Taylor English's Alison M. Ballard Selected to Leadership Position with Georgia Appleseed Young Professionals CouncilJuly 1, 2015
- Taylor English Earns National Recognition for Three Practices, Six Attorneys Recognized as Leaders in Their FieldChambers USA, May 28, 2015
- Taylor English's Shawntel Hebert Selected to Serve as 2015 Vice President of the Gate City Bar AssociationNovember 12, 2014
- November 10, 2014
- July 8, 2014
- July 7, 2014
- January 29, 2014
- April 27, 2011
- January 5, 2011
- January 28, 2010
- "What the Election Means for Your Restaurant and the People You Employ," Modern Restaurant ManagementOctober 20, 2016
- CMA Building Profits, July 26, 2016
- July 19, 2016
- July 6, 2016
- "Safeguarding IT and Communications Systems: Or How to Stop Worrying and Love Being Big Bro," InsideCounselJune 20, 2016
- May 11, 2016
- May 10, 2016
- "Brace Yourself! What to Expect with the Proposed New Federal Wage and Overtime Rules," Restaurant Startup & GrowthMay 6, 2016
- April 20, 2016
- December 2, 2014
- "Georgia Department of Labor Cracks Down on Independent Contractor Misclassification," HR Business and Legal ResourcesNovember 14, 2014
- March 29, 2014
- December 20, 2013
- August 7, 2013
- July 2, 2013
- "Workplace Bullies: How Employers Can Detect and Prevent Workplace Bullying Before It Escalates to Violence," ACC Docket, Vol. 30, No. 3April 2012
- September 19, 2011
- October 13, 2016
- October 10, 2016
- September 22, 2016
- August 12, 2016
- August 4, 2016
- July 14, 2016
- May 18, 2016
- May 13, 2016
- April 22, 2016
- April 20, 2016
- April 11, 2016
- April 11, 2016
- March 4, 2016
- February 26, 2016
- February 2, 2016
- January 26, 2016
- January 14, 2016
- December 8, 2015
- November 20, 2015
- October 21, 2015
- September 30, 2015
- September 23, 2015
- August 19, 2015
- August 11, 2015
- July 15, 2015
- July 6, 2015
- June 2, 2015
- March 19, 2015
- September 4, 2014
- August 7, 2014
- June 20, 2014
- June 12, 2014
- January 3, 2014
- October 14, 2013
- September 24, 2013
- August 29, 2013
- April 19, 2013
- January 24, 2013
- January 9, 2013
- Davio's, August 25, 2016
- Davio's, June 21, 2016
- Cobb Chamber of Commerce, May 10, 2016
- The Buckhead Club, January 14, 2016
- Davio's, September 22, 2015
- June 27, 2014
- May 21, 2014
- October 18, 2016
- Atlanta, Ga., August 18, 2016
- "U.S. Department of Labor New Overtime Exemption Rules: How do They Apply to Restaurant Staff?" Recipes for Restaurant SuccessAtlanta, Ga., June 21, 2016
- Atlanta, Ga., April 26, 2016
- April 26, 2016
- Orlando, Fla., April 22, 2016
- "Employment Issues Faced Regularly by Construction Industry," Construction Law for the General Practitioner, Institute of Continuing Legal Education in Georgia SeminarAtlanta, Ga., April 14, 2016
- Scottsdale, Ariz., March 15, 2016
- Scottsdale, Ariz., March 14, 2016
- Atlanta, Ga., January 14, 2016
- Atlanta, Ga., December 10, 2015
- National HR in Hospitality ConferenceMarch 16, 2015
- New York, N.Y., September 10, 2014
- July 15, 2014
- "50 Legal Tips in 50 Minutes," and "Be Your Own Legal Counsel," 8th Annual National HR in Hospitality ConferenceLas Vegas, Nev., April 28, 2014
- May 5, 2013
- "50 Legal Tips in 50 Minutes"; "Labor and Employment Law After the 2012 Elections: What Will the Future Hold?" National HR in Hospitality ConferenceLas Vegas, Nev., March 11, 2013
- February 21, 2013
- "Labor and Employment Laws," Recipes for Restaurant Success – An Interactive Hospitality Law Series (Part 2)Atlanta, Ga., November 13, 2012
Shawntel R. Hebert talks about things an employer should look for and what their rights and responsibilities when faced with a request for accommodations after an employee has violated a workplace rule.
Shawntel R. Hebert discusses the Americans with Disabilities Act and employee requests for accommodation and what an employers responsibilities and rights are with respect to dealing with those requests.
Alison M. Ballard discusses how to structure the workplace investigation.
Alison M. Ballard discusses tips on how to conduct a workplace investigation and what to think about when conducting an investigation.
In-house counsel and executives discuss employment-related best practices and real-life scenarios in C-Suite investigations.
In the first installment of Taylor English’s HR Minute, Amy Burton Loggins discusses the multitude of issues surrounding the use of social media in the recruiting and hiring process.
Amy Burton Loggins addresses questions such as: can a company rely on a resume when hiring? Are job applications necessary? What are the risks in using a form application?
Amy Burton Loggins provides guidance on when background checks are appropriate in the hiring process and how to use them correctly.
- Can Democrats Provide Some Runway for Employers on Overtime Rules? Joseph M. English
- U.S. Department of Labor Issues New Overtime Exemption Rules Joseph W. Bryan
- Upcoming Employee Benefit Plan Deadlines Donald S. Kohla, Jan G. Marsh
- Housing and Criminal Background Checks Randy C. Gepp
- DOL Fiduciary Regulations Donald S. Kohla, Jan G. Marsh
- April 30 Deadline for Pre-approved Defined Contribution Plans Donald S. Kohla, Jan G. Marsh
- Work-Related Stress and the Americans with Disabilities Act Randy C. Gepp
- EEOC Investigations - New Requirements for Position Statements Randy C. Gepp
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Areas Of Focus
- Employee Benefits and Executive Compensation
- Employment Advice and Counsel
- Employment Litigation and Class Actions
- Employment Policy Development and Implementation
- ERISA Litigation
- Internal Investigations
- Non-Traditional Staffing Arrangements
- Restrictive Covenants
- Unions and Traditional Labor
- Whistleblower Litigation
- Worker Classification, Compensation and Litigation