Burr & Forman - Labor & Employment E-Note
January 8, 2015 Burr & Forman Elevates Five Attorneys to Partnership Burr & Forman is pleased to announce that the firm has elected five attorneys to partnership, including Ronald D. “Scott” Williams of the firm's Labor & Employment practice group. Scott represents employers and management with respect to any and all labor and employment matters arising out of the workplace. He handles litigation involving retaliatory discharge under the Workers’ Compensation Act, discrimination claims under the Alabama Age Discrimination in Employment Act, and unemployment compensation claims. The other Burr attorneys elevated to partnership include Atlanta-based attorneys Bryan T. Glover, Erin Richardson Ward and Patrick B. Webb; and Ellen T. Mathews of the firm’s Birmingham office. In addition, Orlando-based attorney Ty G. Roofner has been elevated to equity partner. Burr & Forman Adds Employment Counsel in Birmingham Burr & Forman is pleased to announce that J. Trent Scofield has joined the firm as counsel in the Birmingham office. Scofield is a member of the firm’s Labor & Employment practice group with a focus on traditional labor matters, as well as employment discrimination litigation.
NLRB Issues Key Changes To Election Rules *Effective April 14, 2015* On Friday December 12, 2014, the National Labor Relations Board ("NLRB") implemented its long-anticipated "ambush" election rules, which will substantially change existing procedures for unionrepresentation elections. The new rules are scheduled to go into effect on April 14, 2015; however, legal challenges are likely that could delay implementation of these rules. The key rule changes are listed below: 1. Expedited Elections: The new rules dramatically speed up the election process. Union representation elections will be held between 10-21 days after a petition has been filed. (Historically, union elections were scheduled five-six weeks after a petition was filed with the NLRB.) 2. Electronic Submissions and Communications: This rule provides for electronic filing and transmission of election petitions and other documents. If the employer customarily communicates with its employees electronically, it must distribute all election notices to employees electronically, in addition to posting paper notices in the workplace. 3. Hearing Timeline Changes: Virtually all litigation over voter eligibility issues and the scope of the bargaining unit will be postponed until after the election. 4. Pre-Election Hearings: For those pre-election hearings that do take place, they will generally be set to begin within eight calendar days of receipt of the petition. The employer's position statement is due one day before the pre-election hearing. 5. Employer's Position Statement: The employer's pre-election position statement must identify the issues it wants to litigate before an election. Importantly, issues not presented in the position statement are waived. 6. Employer Must Provide Employee Information: Employers must electronically provide a list of employees eligible to vote and their personal information to the union within two business days of the regional director's approval of an election agreement or decision directing an election. This employee voter list must include, in addition to names and home addresses of the employees, their personal phone numbers and personal email addresses (if available to the employer), and their work locations, shifts, and job classifications.
Scofield brings an additional 20 years of experience to the practice group and is a valued management resource in providing legal advice and strategic input on a wide array of workplace law matters. He has represented employers in FLSA collective actions, NLRB proceedings, federal employment discrimination litigation, as well as in state court wrongful discharge and neutral third-party arbitration proceedings. Purple Communications Inc. Update
For more information, contact the attorney with whom you regularly work.
Making Headlines 2015 Expected to Bring More Lawsuits for Employers (Source: Forbes.com, 2015-01-06) NLRB Ruling Could Pave Way for More Faculty Members to Unionize (Source: The New York Times, 2014-12-22) AG Says Workplace Transgender Discrimination Illegal (Source: The Washington Post (free reg. req'd), 2014-12-18) Conservative Groups Try to Shape Union Issues Through County Laws (Source: The New York Times, 2014-12-18) Workers Concerned Over Safety of Wellness Programs' Data (Source: Bloomberg, 2014-12-16) OSHA Outlines Employer Incidence-Reporting Requirements (Source: Insurance Journal, 2014-12-31)
By now, you have probably heard about Purple Communications, Inc., the NLRB's December 11, 2014 decision that employees have a right to use an employer’s email system during non-working time to discuss workplace issues. We will monitor this decision closely to see if it is appealed and keep you apprised of any changes. However, regardless of whether the decision ultimately survives appellate review, employers should consider how their existing email-use policies may be impacted by this decision. Read the main points of the decision and what you should do today in our Update. For more information, contact Frank B. McRight and Meryl Cowan. Ron Flowers to Speak at 2015 Legal Compliance for Nursing Homes Seminar Ronald W. Flowers will be speaking at the 2015 Legal Compliance for Nursing Homes seminar. The seminar will take place on Monday, January 12th from 8:30 a.m. - 4:00 p.m. at The Hyatt Regency - Wynfrey Hotel in Birmingham, Alabama. Flowers will present on the topic of "Complying with the ADA in Long Term Care." For more information, or to register, please click here. Day of
Burr Expands Nashville-Based Labor & Employment Service Offerings Burr & Forman is pleased to announce the arrival of six partners to the firm’s Nashville office. These additions bolster Burr's Nashville capabilities in a number of practice areas, including Labor & Employment, and reflect the firm’s commitment to growth in Tennessee in response to both client needs and regional economic growth. With the arrival of these six attorneys, Burr & Forman now has a total of 16 attorneys in Nashville and 38 attorneys licensed to practice in Tennessee across nine offices in five states. Joining Burr's Labor & Employment practice group are Stephen H. Price and M. Clark Spoden. Stephen counsels employers in all aspects of employee relations, including planning reductions in force, advising on employee terminations, preparing employee policies, drafting employment, non-compete and confidentiality agreements, litigating non-compete and trade secret disputes and defending against employment discrimination claims. Clark is a Tennessee certified Civil Trial Specialist who has defended companies in employment, contract, environmental, construction, business tort, intellectual property, wrongful death, and personal injury cases. In addition, Burr welcomes new partners Matthew J. DeVries, Robert C. Goodrich, Jr., Garry K. Grooms, Madison L. Martin to the firm's Nashville office. Learn more about Burr & Forman's growth and its new partners, here.
New Year’s Resolution: Review Non-Compete With 2015 in full swing, how can business leaders prepare for a strong first quarter? Burr & Forman discusses how reviewing your non-compete agreements can foster success. Read more on our Non-Compete & Trade Secrets Blog here. For more information, please contact Peter C. Vilmos.
registration is also available from 7:30 - 8:30 a.m. Mitigating the Impact of Trade Secret Theft: A Practical Guide for Companies in 2015 & Beyond William "Chip" Collins, Jr., will be speaking at the Mitigating the Impact of Trade Secret Theft: A Practical Guide for Companies in 2015 & Beyond - Live Webcast sponsored by the Knowledge Group. The webcast will be held on January 14, 2015 from 3:00-5:00 p.m. EST.
CONSUMER FINANCE LITIGATION ENVIRONMENTAL LAW MATTERS NON-COMPETE & TRADE SECRETS SECURITIES LITIGATION & ARBITRATION
Complimentary passes are available here for the first 30 registrants. For more information, please click here.
Burr & Forman Labor & Employment E-Note is a monthly e-mail service provided by Burr & Forman LLP. The physical address for correspondence related to this newsletter is: 171 17th Street, NW, Suite 1100, Atlanta, GA 30363. (404) 815-3000. You are subscribed to this list as: Please note: This electronic newsletter is provided to clients and friends of Burr & Forman. The information described is general in nature, and may not apply to your specific situation. Legal advice should be sought before taking action based on the information discussed. Applicable State Bar or Attorney Regulations May Require This Be Labeled as "Advertising."
NLRB Issues Key Changes To Election Rules *Effective April 14, 2015* On Friday December 12, 2014, the National Labor Relations Board ("NLRB") implemented its long-anticipated "ambush" election rules, which will substantially change existing procedures for unionrepresentation elections. The new rules are scheduled to go into effect on April 14, 2015; however, legal challenges are likely that could delay implementation of these rules. The key rule changes are listed below: 1. Expedited Elections: The new rules dramatically speed up the election process. Union representation elections will be held between 10-21 days after a petition has been filed. (Historically, union elections were scheduled five-six weeks after a petition was filed with the NLRB.) 2. Electronic Submissions and Communications: This rule provides for electronic filing and transmission of election petitions and other documents. If the employer customarily communicates with its employees electronically, it must distribute all election notices to employees electronically, in addition to posting paper notices in the workplace. 3. Hearing Timeline Changes: Virtually all litigation over voter eligibility issues and the scope of the bargaining unit will be postponed until after the election. 4. Pre-Election Hearings: For those pre-election hearings that do take place, they will generally be set to begin within eight calendar days of receipt of the petition. The employer's position statement is due one day before the pre-election hearing. 5. Employer's Position Statement: The employer's pre-election position statement must identify the issues it wants to litigate before an election. Importantly, issues not presented in the position statement are waived. 6. Employer Must Provide Employee Information: Employers must electronically provide a list of employees eligible to vote and their personal information to the union within two business days of the regional director's approval of an election agreement or decision directing an election. This employee voter list must include, in addition to names and home addresses of the employees, their personal phone numbers and personal email addresses (if available to the employer), and their work locations, shifts, and job classifications.
Scofield brings an additional 20 years of experience to the practice group and is a valued management resource in providing legal advice and strategic input on a wide array of workplace law matters. He has represented employers in FLSA collective actions, NLRB proceedings, federal employment discrimination litigation, as well as in state court wrongful discharge and neutral third-party arbitration proceedings. Purple Communications Inc. Update
For more information, contact the attorney with whom you regularly work.
Making Headlines 2015 Expected to Bring More Lawsuits for Employers (Source: Forbes.com, 2015-01-06) NLRB Ruling Could Pave Way for More Faculty Members to Unionize (Source: The New York Times, 2014-12-22) AG Says Workplace Transgender Discrimination Illegal (Source: The Washington Post (free reg. req'd), 2014-12-18) Conservative Groups Try to Shape Union Issues Through County Laws (Source: The New York Times, 2014-12-18) Workers Concerned Over Safety of Wellness Programs' Data (Source: Bloomberg, 2014-12-16) OSHA Outlines Employer Incidence-Reporting Requirements (Source: Insurance Journal, 2014-12-31)
By now, you have probably heard about Purple Communications, Inc., the NLRB's December 11, 2014 decision that employees have a right to use an employer’s email system during non-working time to discuss workplace issues. We will monitor this decision closely to see if it is appealed and keep you apprised of any changes. However, regardless of whether the decision ultimately survives appellate review, employers should consider how their existing email-use policies may be impacted by this decision. Read the main points of the decision and what you should do today in our Update. For more information, contact Frank B. McRight and Meryl Cowan. Ron Flowers to Speak at 2015 Legal Compliance for Nursing Homes Seminar Ronald W. Flowers will be speaking at the 2015 Legal Compliance for Nursing Homes seminar. The seminar will take place on Monday, January 12th from 8:30 a.m. - 4:00 p.m. at The Hyatt Regency - Wynfrey Hotel in Birmingham, Alabama. Flowers will present on the topic of "Complying with the ADA in Long Term Care." For more information, or to register, please click here. Day of
Burr Expands Nashville-Based Labor & Employment Service Offerings Burr & Forman is pleased to announce the arrival of six partners to the firm’s Nashville office. These additions bolster Burr's Nashville capabilities in a number of practice areas, including Labor & Employment, and reflect the firm’s commitment to growth in Tennessee in response to both client needs and regional economic growth. With the arrival of these six attorneys, Burr & Forman now has a total of 16 attorneys in Nashville and 38 attorneys licensed to practice in Tennessee across nine offices in five states. Joining Burr's Labor & Employment practice group are Stephen H. Price and M. Clark Spoden. Stephen counsels employers in all aspects of employee relations, including planning reductions in force, advising on employee terminations, preparing employee policies, drafting employment, non-compete and confidentiality agreements, litigating non-compete and trade secret disputes and defending against employment discrimination claims. Clark is a Tennessee certified Civil Trial Specialist who has defended companies in employment, contract, environmental, construction, business tort, intellectual property, wrongful death, and personal injury cases. In addition, Burr welcomes new partners Matthew J. DeVries, Robert C. Goodrich, Jr., Garry K. Grooms, Madison L. Martin to the firm's Nashville office. Learn more about Burr & Forman's growth and its new partners, here.
New Year’s Resolution: Review Non-Compete With 2015 in full swing, how can business leaders prepare for a strong first quarter? Burr & Forman discusses how reviewing your non-compete agreements can foster success. Read more on our Non-Compete & Trade Secrets Blog here. For more information, please contact Peter C. Vilmos.
registration is also available from 7:30 - 8:30 a.m. Mitigating the Impact of Trade Secret Theft: A Practical Guide for Companies in 2015 & Beyond William "Chip" Collins, Jr., will be speaking at the Mitigating the Impact of Trade Secret Theft: A Practical Guide for Companies in 2015 & Beyond - Live Webcast sponsored by the Knowledge Group. The webcast will be held on January 14, 2015 from 3:00-5:00 p.m. EST.
CONSUMER FINANCE LITIGATION ENVIRONMENTAL LAW MATTERS NON-COMPETE & TRADE SECRETS SECURITIES LITIGATION & ARBITRATION
Complimentary passes are available here for the first 30 registrants. For more information, please click here.
Burr & Forman Labor & Employment E-Note is a monthly e-mail service provided by Burr & Forman LLP. The physical address for correspondence related to this newsletter is: 171 17th Street, NW, Suite 1100, Atlanta, GA 30363. (404) 815-3000. You are subscribed to this list as: Please note: This electronic newsletter is provided to clients and friends of Burr & Forman. The information described is general in nature, and may not apply to your specific situation. Legal advice should be sought before taking action based on the information discussed. Applicable State Bar or Attorney Regulations May Require This Be Labeled as "Advertising."
