In the News

Our attorneys regularly author articles on labor and employment topics. If you would like more information about an article you see here, please feel free to contact the author(s) via email by clicking on his or her name.

03-11-10 - Employment Considerations When United States Companies Manage or Acquire Employees in Europe Or Canada. Association of Corporate Counsel - ACC QuickCounsel. Article written by Douglas H. Duerr.

03-01-10 - Comply or Die. Southeast Construction. Article written by Joshua H. Viau.

Jan/Feb 2010 - A Business Interruption Insurance Primer for Dive Centers. Dive Center Business. Article written by John C. Stivarius, Jr. and Glianny Fagundo.

01-11-10 - Contractor Beware: Dealing with ICE is Never Cool. Concrete Contractor. Article written by David C. Whitlock.

12-27-09 - Georgia Trend's "Legal Elite" Press Release. The Atlanta Journal-Constitution. Stan Wilson and John Stivarius mentioned.

12-10-09 - New law may encourage genetic testing. Private MD News. Quotes by John Stivarius.

12-01-09 - Managing Partner Stan Wilson and Partner John Stivarius Selected as 2009 Georgia's "Legal Elite."  dBusinessNews. Stan Wilson and John Stivarius mentioned.

12-2009 - Insulating Your Business Against Legal Liability.  FLAME: The Magazine of the National Franchisee Association (2009-Issue 4). Article by Douglas H. Duerr.

12-2009 - Uninviting an Audit: An Update on Proper Tip Reporting and Tip Pooling. Restaurant Start Up & Growth Magazine. Article by Douglas H. Duerr.

11-23-09 - A Risky New Trend: Replacing Employees with Independent Contractors. Workforce Management. Article by Adriana Midence.

11-15-09 - Law Seeks to Ban Misuse of Genetic Testing. The New York Times. Quotes by John Stivarius.

11-15-09 - Chambers Press Release. The Atlanta Journal-Constitution. Elarbee Thompson mentioned.

11-15-09 - New law bars genetic info discrimination. UPI.com: 100 Years of Journalistic Excellence. Quotes by John Stivarius.

10-26-09 - What to do when your employees get the flu. Lawyers USA. Quotes by Patrick L. Lail.

10-23-09 - Employers brace for flu season. Lawyers USA. Quotes by Patrick L. Lail.

10-03-09 - Protecting your company's proprietary information. The Cherokee Tribune. Article by Rob Capobianco.

09-27-09 - Employers seek dose of advice on flu shot problems. The Atlanta Journal-Constitution. Quotes by Douglas H. Duerr.

09-15-09 - Mandatory Flu Shots Not Generally Recommended. SHRM Online. Quotes by Douglas H. Duerr.

09-2009 - The Act of Playing Fair: Lilly Ledbetter Fair Pay Act of 2009 Exposes Employers to Pay Discrimination Claims.  FLAME: The Magazine of the National Franchisee Association (2009-Issue 3). Article written by Douglas H. Duerr.

09-10-09 - Going Green? Consider Labor Laws. Restaurant Hospitality. Article by Elliott M. Friedman and Douglas J. Miller.

09-08-09 - Racing the Clock to E-Verify. Portfolio.com, A Bizjournals Property. Quotes by David C. Whitlock.

09-04-09 - Benched Paycheck Fairness Act Might Come Back into Play.  SHRM Online. Quotes by Douglas H. Duerr.

09-04-09 - Businesses rush to enroll in E-Verify program. Atlanta Business Chronicle. Quotes by David C. Whitlock.

09-2009 - A New Kind of Lawsuit. QSR: Quick Service Restaurants. Quotes by Richard M. Escoffery.

09-2009 - Hiring and Staffing.... Restaurant Start Up & Growth Magazine. Elarbee Thompson E-lert referenced.

08-25-09 - The Changing Nature of Immigration Enforcement. Mexican American Business Chamber Newsletter. Article written by David C. Whitlock.

08-25-09 - Chambers USA Ranks Six Elarbee Thompson Attorneys as Among Best in Class. dBusinessNews. Elarbee Thompson mentioned.

08-11-09 - SCOTUS 2008: Labor, Employment Law Roundup. Employment Law 360. Article by William Deveney.

08-2009 - Manager Misclassification: Still Business as Usual? FLAME: The Magazine of the National Franchisee Association (2009-Issue 2). Article written by Douglas H. Duerr.

08-2009 - Sobering Language: A Dram Shop Law Primer for Independent Operators. Restaurant Start Up & Growth Magazine. Article by Elliott M. Friedman.

07-23-09 – Employer Immigration Compliance: Surviving an I-9 Audit. Mexican American Business Chamber Newsletter. Article written by David C. Whitlock.

07-19-09 - Protect your trade secrets. The Atlanta-Journal Constitution. Article by Rob Capobianco.

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.

07-12-09 - Atlanta Journal-Constitution. Mentioned Herb Shellhouse and David Whitlock.

07-03-09 - Hurdles hamper state illegal immigration law, Atlanta Business Chronicle, Quotes by David Whitlock.

07-01-09 - ADAAA: Who's Disabled Now? The Franchise Handbook. Article by Douglas H. Duerr  and Douglas J. Miller.

06-29-09 - Immigration Reform, WSB Radio Newstalk 750, David Whitlock  commented on Immigration Reform

06-26-09 - People in the News, Atlanta Business Chronicle, Herb Shellhouse and David Whitlock featured.

06-25-09 – Employer Immigration Compliance: I-9 Re-verification and Retention Policies. Mexican American Business Chamber Newsletter. Article written by Glianny Fagundo.

06-22-09 – Restaurateurs must be in the driver’s seat when it comes to valet-parking services. Nations Restaurant News. Quotes by Stan Wilson.

06-12-09 - Independent employment trend carries risks. Atlanta Business Chronicle. Quotes by Rob Capobianco.

05-05-09 - H1N1 Leaves Many Employers Wrestling With Leave Policies. Employee Benefit Advisor. Podcast of Patrick L. Lail.

04-16-09 – Employer Immigration Compliance: New I-9 Form Goes Into Effect Mexican American Business Chamber Newsletter. Article written by Glianny Fagundo.

04-01-09 - The Employee Free Choice Act – Are You Ready? Atlanta Hospital News. Article written by Patrick L. Lail.

03-27-09 - SOUND OFF: Business leaders weigh in on downtown's economic prospects. Atlanta Business Chronicle. Article co-written by Stan Wilson.

03-09-09 - Growing Amid the Chaos. Despite the erratic economic times, two established franchisers are looking for entrepreneurs to expand in the metro Atlanta area. Business to Business Magazine. Quote by Alisa P. Cleek.

02-25-09 - Legal News. Northside Neighbor Newspaper. Mentioned Adriana Midence.

02-22-09 - Pro-Con: Will the anticipated Employee Free Choice Act really give workers more freedom and rights. The Atlanta - Journal Constitution, Article co-written by R. Lee Creaseman,

02-20-09 - Negligent failure to plan: The next liability frontier for directors and officers?, Atlanta Business Chronicle, Article written by John Stivarius.

02-11-09 - Ledbetter Adds Lengthy To-Do List for HR, SHRM Online, Article by Douglas Duerr.

02-10-09 - "Mrs. Cleek Honored with WOW Award" The Forest Blade, Alisa Cleek featured.

01-25-09 - AGENDA: A Closer Look at Metro Businesses and Professionals. Atlanta Journal- Constitution, Adriana Midence featured.

01-19-09 - Unionization Bill May Require HR To Hone Skills In Labor Relations, Workforce Management Magazine, Stan Wilson quoted.

01-16-09 - People in the News. Atlanta Business Chronicle. Adriana Midence featured.

12-2008 - "The Slacker's Protection Act?: Combating FMLA Abuse in the Independent Restaurant." Restaurant Start Up & Growth Magazine. Article by Richard M. Escoffery.

10-30-08 - "The Effects of the Amendments to the FTC's Franchise Rule." The Franchise Handbook. Article by Alisa Pittman Cleek and Elliott M. Friedman.

10-24-08 - "Tailoring Packages One Way to Attract Next Generation." Atlanta Business Chronicle. Quote by Alisa Pittman Cleek.

10-21-08 - "Religious Discrimination - Mistakes Employers Make." Law360. Article by Sharon P. Morgan and William A. Pinto, Jr.

10-2008 - "Calorie Count - More states consider menu-labeling laws."  Franchise Times. Quote by Alisa P. Cleek.

06-23-08 - Increased Diversity Leads to Growth in EEOC Cases. Fulton County Daily Report. Article by Brent L. Wilson.

05-19-08 - Supervisors may be held liable under some laws, National Law Journal, article by Rich Escoffery and Doug Miller.

05-16-08 - Sound Off. Atlanta Business Chronicle. Stan Wilson featured.

05-16-08 - ABA to hand out Distinguished Service Awards. Atlanta Business Chronicle. Sharon Morgan mentioned.

05-14-08 - Fulton County Daily Report. mention of Tracy L. Glanton joining Elarbee Thompson.

05-2008 - Employee Medical Info can be tricky to Request and Process. SmartAnswers, (Web site). Quote by John C. Stivarius

05-2008 - Politics in the Workplace. Business to Business Magazine. Article by Rob Capobianco and Shawntel R. Hebert

04-02-08 - Pittman Cleek elected President of SHRM-Atlanta, The Forest Blade.

04-2008 -  Checklist: A practical guide to investigating workplace harassment. The HR Specialist. Article written by R. Read Gignilliat.

04-2008 - Q & A on Various Time Off Issues, SHRM Magazine, R. Read Gignilliat, Spring edition.

04-2008 - Philanthropic Good Works Can Raise Labor & Employment Concerns, FLAME, The Magazine of the National Franchisee Association (2008-Issue 2). Article written by Alisa P. Cleek and Elliott M. Friedman.

03-28-08 - Developing a Blog Policy for Your Workplace. Employment 360. Article by Stanford G. Wilson and W. Brian Holladay.

03-17-08 - "Standards For Evidence, EEOC Charges Left to Lower Courts." Workforce Management. Quote by Will Deveney.

03-10-08 - Businesses Should Pay Attention to Blogging. Atlanta Business Chronicle. Quote by R. Read Gignilliat.

03-2008 - Must arbitration agreements be initialed by employer and employee? The HR Specialist. Article written by R. Read Gignilliat.

02-2008 - A Lot of Care - How to Improve Guest Safety and Reduce Business Liability with Sound Parking Lot Security Measures. Restaurant Startup & Growth. Article by Alisa P. Cleek.

01-28-08 - Litigation Woes Defy Reform. Nation's Restaurant News. Quote by Alisa P. Cleek.

01-2008 - Background checks for everyone? The HR Specialist. Article written by R. Read Gignilliat.

01-2008 - Current Labor and Employment Legal Issues That Impact Financial Strategic Planning. FLAME: The Magazine of the National Franchisee Association (2008-Issue 1).  Article written by Alisa P. Cleek and Doug J. Miller.

2008 - Reporting requirements under the Georgia New Hire Reporting Program, The HR Specialist, article written by R. Read Gignilliat.

2008 - EEOC E-RACE initiative focuses on recruiting and hiring tactics, The HR Specialist, article written by R. Read Gignilliat.

2008 - When employees' creditors come calling at the workplace,The HR Specialist, article written by R. Read Gignilliat.

2008 - The ins and outs of employing minors, The HR Specialist, article written by R. Read Gignilliat.

2008 - Section 409A extends beyond formal deferred comp plans, The HR Specialist, article written by R. Read Gignilliat.

2008 - Must our handbook include a disclaimer to preserve our 'At-Will' status? The HR Specialist, article written by R. Read Gignilliat.

2008 - Workplace harassment: Management's 24 most common mistakes, The HR Specialist, article written by R. Read Gignilliat.

2008 - Reporting requirements under the Georgia Unemployment Compensation Program, The HR Specialist, article written by R. Read Gignilliat.

2008 - Does Georgia's whistle-Blower law apply to private employers?, The HR Specialist - January 1, 2008, article written by R. Read Gignilliat.

When Employees Become Plaintiffs: An Employment Practices Liability Insurance Primer for Startups, Restaurant Startup & Growth - December 2007, written by Alisa P. Cleek.

Elarbee Attorney Responds to Question in Restaurants & Institutions Magazine Alisa P. Cleek answers a wage and hour question in the November 2007 issue of Restaurant & Institutions Magazine.

Avoiding Problematic Employees, Business to Business, October 2007, article written by Stanford G. Wilson and W. Brian Holladay.

High Court Set To Take Up Pair Of Age Bias Cases,Workforce MagazineOctober 2007, quote by William D. Deveney.

Mistakes that lead to trade secret leaks, Atlanta Business Chronicle, September 24-28, 2007, Rob Capobianco is the guest columnist.

Think before you leap into office pool, Atlanta Journal and Constitution<. September 24, 2007, Quote by Alisa Pittman Cleek.

Employers need to know reservists' rights, Atlanta Business Chronicle, September 7-13, 2007, Quote by William D. Deveney.

Keeping the Heat Down in the Kitchen: How to Stay on the Right Side of Immigration Law in an Era of Aggressive Enforcement, Restaurant Startup & Growth - August 2007 article by Sanford A. Posner

Preventing and Responding to a Food Safety Emergency, Restaurant Startup & Growth, August 2007, article by Alisa Pittman Cleek.

Wrap-Up of Labor & Employment Issues, Employment Law360, July 11, 2007, Article written by William D. Deveney.

Needles in a Haystack: The Importance of Effective Retention and Access of Records in the Electronic Age,  Restaurant Startup & Growth, July 2007, article by Alisa Pittman Cleek.

Democrats Seek to Overturn Labor Rulings, Workforce Management, June 25, 2007, Quote by William D. Deveney.

Discovery Evolves with Social Network Sites, Fulton County Daily Report, June 18, 2007, Article by Alisa Pittman Cleek.

Former Police Officer Sues City, Says Iraq Duty Got Him Fired, Atlanta Journal and Constitution, Thursday, June 7, 2007, Quote by Patrick L. Lail.

Handling of Unsubstantiated Harassment Charge Upheld, HR Magazine, June 2007, Article by W. Brian Holladay.

Shifting Of Chefs No Threat To The City's Best,  May 25-31, 2007, Atlanta Business Chronicle, Quote by Alisa Pittman Cleek.

Somebody's WATCHING: Be careful what you say or type; your employer's likely keeping tabs March 18, 2007, Atlanta Journal & Constitution, article by Laura Raines, quoting Alisa Pittman Cleek.

Lights, Camera…Interview, March 1, 2007, HR Magazine, quoting Lee Creasman.Disabled More Than Capable of Getting Job Done (Leveling the Playing Field) February 23-March 1, 2007, Atlanta Business Chronicle, article by Karen Dean, interviewing tips provided by Lee Creasman.

Contingent or Temporary Workers: Do the Benefits Still Outweigh the Risks? January 2007, The Human Resource, by Sharon Morgan.

Elarbee Thompson Featured in Employment Law 360's Firm Profile, January 30, 2007,  Managing Partner Stan Wilson was interviewed by Employment Law 360, discussing the firm's labor and employment practice; article by Elaine Chow.

Document Problems So Evaluations Are Valid, January 19-25, 2007, Atlanta Business Chronicle, by Janet Jones Kendall, quoting Alisa Cleek.

Asserting and Overcoming Non-Compete Agreements Across the States and in Canada, Worklaw® Network-Sponsored ACC Info-Pak: General Counsel's Summary of Employment Law in the 50 States, Contributing Editor Richard Escoffery.

Moms vs. Non-Moms: Working Without Kids, December-January 2007, Pink Magazine, by Paige Parvin, quoting Alisa Cleek.

Waiver Warnings: EEOC Takes Companies to Court Over Severance Agreements that Violate Federal Laws, November 2006, Inside Counsel, by Mary Swanton quoting Read Gignilliat.

A Tale of Two Cases: Arbitration or Litigation, October 2006, Vol. 24, No. 9, ACC Docket, by Joseph M. Freeman and Stan Wilson.

Navigating the Maze of Employment-Based Immigration Options to Ensure Compliance with Regulations, Council on Education in Management's 2006 Immigration Law Update, Chapter by Sanford Posner.

Sexual Predators: Are you Employing One? Fall 2006, The Blaze, The Magazine of the National Association of Buffalo Wings Franchisees, by Douglas Duerr and Preston Davis.

After the Raise - The Ripple Effect: Atlanta's Newest Associates May Find Those Loftier Salaries Come At A Price, October 2, 2006, Fulton County Daily Report, by Roni Robbins, quoting Managing Partner Stan Wilson.

Ask a Rising Star, October 2006, Atlanta Magazine, Amy Snell Auffant answers the question, "Can my employer use information I post on my blog as grounds for termination?"

The Food Police: A Startup's Guide to Menu Legislation, September 2006, Restaurant Startup & Growth, by Nathan Allen.

Employing Change: Tort Reform in Employment Law, August 2006, The Republican Lawyer, by Rob Capobianco.

Prevent Employee Lawsuits, May 2006, OTC Beauty Magazine (Multicultural Beauty News), by Bernie Schneider, quoting Richard Escoffery.

All Are Welcome Here: Preventing Customer Racial & Religious Discrimination Claims Against Your Startup, April 2006, Restaurant Startup & Growth, by Richard Escoffery.

The New Records Disposal Rule: What Public Employers Need to Know," January 2006, Georgia County Government Magazine, by Josh Viau.

Non-employees Can Create Title VII Liability, Winter 2006 Newsletter, Georgia Society for Healthcare Human Resources Administration, by Patrick Lail.

Teenage Sexual Harassment: Three Steps to Limiting Potential Liability, 2005 Issue 4, The Flame, The Magazine of the National Franchisee Association, by Richard Escoffery.

Is Your Restaurant Accessible? A Guide to Title III of the Americans With Disabilities Act for Startups in the Building or Remodeling Phase, January 2006, Restaurant Startup & Growth, by William Pinto, Jr.

By the Book: Employee Handbook Basics for Startup Restaurateurs, September 2005, Restaurant Startup & Growth, by Alisa Pittman.

Just a Fish Bowl or Shark-Infested Waters? How to Jump into the Tip Pool Safely, November 2005, Restaurant Startup & Growth, by Douglas Duerr.

Employee Health Benefits and Military Leave: It's About Planning, May/June 2005, Georgia County Government, by Jennifer Keaton and William Deveney.

Justice Served? February 15, 2005, Restaurants & Institutions Magazine, quoting Alisa Pittman.

Don't Flirt With a Lawsuit: How to Prevent Sexual Harassment in Your Startup, December 2004, Restaurant Startup & Growth, by Alisa Pittman.

Now is the Time for All Good Restaurateurs to Review Their Exempt Employees, December 2004, Restaurant Startup & Growth, by Barry K. Shuster, quoting Douglas Duerr.

New Overtime Regs Fuel Labor Dispute, October 1, 2004, Pizza Marketplace, by Steve Coombs, quoting Douglas Duerr.

And Now, for the Second Act: What Successful Entrepreneurs Have Done to Make Their Second Act an Outstanding Performance, September 2004, Atlanta Woman, by Mary Welch, quoting Alisa Pittman.

Regulatory Changes in Overtime Compensation Affecting Local Governments, July 2004, Georgia County Government, by Douglas Duerr.

The Teenage Worker, August 2004, The Flame, The Magazine of the National Franchisee Association, by Douglas Duerr.

Trade Secrets and Confidential Information: Develop a Plan to Protect Yourself Before It Is Too Late, July 2004, The Human Resource, by Brent Wilson and Rob Capobianco.

Mentoring Aids Employee Growth, Communication, Monday, July 19, 2004, Fulton County Daily Report, by Melanie A. Levs, quoting Lee Creasman.

Accessibility: Removing Barriers for ADA Compliance, 2004 Issue 1, The Flame, The Magazine of the National Franchisee Association, by Douglas Duerr.

Restaurant Employees' Union Announces Merger, July 2004, Restaurant Startup & Growth by William Pinto, Jr.

Regulatory Changes in Overtime Compensation, July 2004, Georgia County Magazine, by Douglas Duerr.

Hospitality Lawyers Caution Businesses to Address Staff Language Barriers, June 2004, Restaurant Startup & Growth, quoting Alisa Pittman.

Legal Eagles Offer Operators the Tools to Protect Against Costly Litigation, May 1, 2004, Restaurants & Institutions Magazine, by Allison Perlik, Senior Editor, quoting Vic Cavanaugh & Sanford Posner.