Ana C. Dowell

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Ana Dowell represents employers in a variety of employment law matters, including alleged violations of Title VII, ADA, FMLA, and FLSA. Ana has managed discovery in these types of cases, which has involved conducting employee interviews, responding to written discovery and document requests, and preparing and defending depositions. She also has experience in drafting responsive pleadings, motions to dismiss, and other dispositive motions.

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Saying The Quiet Part Out Loud: When Employee Talk About “Quiet Quitting” Could Become Protected Speech

By Ana C. Dowell on Posted in Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention
By now, many employers have heard about “quiet quitting.” Though the term’s meaning varies depending on who’s using it, it generally refers to employees doing only as much work as the job requires without going the extra mile. Employers may view quiet quitting as lack of engagement or laziness, but employees may see it simply … Continue Reading

Employers: Be Careful What You Include In A Handbook

By Ana C. Dowell on Posted in Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention
Most employers include provisions in their Employee Handbook giving them the right to modify the policies at any time. They also make clear that the handbook is not a contract and does not create contractual obligations. There are good reasons for both, but also consequences. If you are looking to enforce an obligation, it’s best … Continue Reading

Employee Terminations: Breaking Up is Hard to Do

By Ana C. Dowell on Posted in Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & Retaliation
Firing an employee can be much like breaking up with a significant other– stressful, messy, and awkward. No one wants to be the “bad guy,” and oftentimes it feels kinder to sugarcoat the facts rather than telling an employee the real reason for termination. But those good intentions may land employers in hot water.… Continue Reading

Love is in the Air – And in the Workplace!

By Ana C. Dowell on Posted in Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & Retaliation
If you thought workplace romances vanished with the COVID-19 pandemic, think again.  According to a recent survey by the Society for Human Resource Management (SHRM), one-third of 550 U.S. workers said they are or have been romantically involved with a colleague in 2022. That represents an increase over 2020, when 27% of workers acknowledged a … Continue Reading

Reminder: Promptly Investigate Harassment Complaints

By Ana C. Dowell on Posted in Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & Retaliation
Even though the COVID-19 pandemic and its impact on the workplace has dominated the headlines recently, employers should be careful not to delay investigating non-pandemic-related complaints—particularly those of harassment. Failing to promptly investigate and correct harassing behavior can be costly. Based on a recent federal appellate court ruling, a month between complaint and action may … Continue Reading

Do the Business Liability Shield Laws Give Employers Immunity From COVID-19 Lawsuits

By Ana C. Dowell on Posted in Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention, Employment Litigation, Medical & Other Leaves, Workplace Safety & OSHA
Not really. Like the COVID-19 vaccines, these “business liability shields” may provide a layer of protection for some employers, but they in no way guarantee immunity from lawsuits. Since early last year, business leaders expressed concerns about continuing with operations amidst the COVID-19 pandemic—mainly because they feared exposing their businesses to lawsuits arising from the … Continue Reading

Workplace Changes to Expect Under a Biden Administration: Part I

By Ana C. Dowell, Tiffany D. Hendricks and Sul Kim on Posted in Employee Benefits, Employment Discrimination Harassment & Retaliation, Medical & Other Leaves, Non-Compete & Trade Secret Litigation, Wage & Hour
The networks have called the Presidential election for Joe Biden. Assuming those results are certified and President Trump’s legal challenges fail, what should employers expect under the new administration? In Part I of this two-part series, let’s explore what changes we might see in the workplace from the employment law perspective. In Part II, we … Continue Reading

Employers Take Heed: CDC Modifies Return to Work Guidance

By Sarah M. DeFranco and Ana C. Dowell on Posted in Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention
Over the past few weeks, the CDC has issued updated COVID-19 guidance on a number of topics affecting the workplace, including modifying the criteria employers rely on to determine when an employee with COVID-19 may return to work. As the CDC’s COVID-19 guidance evolves, employers must ensure their COVID-19 plans and policies likewise evolve. Given … Continue Reading

Relief for Employers in the CARES Act

By Amy Moor Gaylord, Adrienne Scheffey, Ana C. Dowell and Felicia Leborgne Nowels on Posted in Employee Benefits, Employment Counseling & Workplace Claims Prevention, Medical & Other Leaves, Wage & Hour
The Federal Corona Aid, Relief, and Economic Security Act (CARES), approved Friday in the wake of COVID-19 pandemic, provides businesses with a myriad of opportunities for relief, including expansion of unemployment benefits, advance refunding of tax credits for employers that provide expanded FMLA leave and emergency paid sick leave, small business loan programs, debt forgiveness, … Continue Reading

New Unemployment Obligations for Georgia Employers

By Rebecca A. Barrett, Ana C. Dowell, Peter Spanos and Sul Kim on Posted in Employment Counseling & Workplace Claims Prevention, Wage & Hour
Employers faced with layoffs and furloughs need to pay close attention to state unemployment laws, which are in flux and in some instances may impose extraordinary burdens on employers. For example, Georgia has extended unemployment benefits and now requires employers to file for benefits on behalf some employees impacted by COVID-19 as a result of … Continue Reading

Notice Requirements When Furloughing Or Laying Off Workers in the Pandemic

By Ana C. Dowell on Posted in Employment Counseling & Workplace Claims Prevention, Labor Relations, Wage & Hour
Employers contemplating layoffs or furloughs of employees as a result of the COVID-19 outbreak need to be careful. Even if they are not subject to the federal Worker Adjustment and Retraining Notification Act (WARN Act), they may be obligated to provide various notices under state “mini-WARN” acts or other state laws. Below is a quick … Continue Reading

Hot Tip: End May Be Near for 80/20 Rule!

By Ana C. Dowell on Posted in Employment Counseling & Workplace Claims Prevention, Employment Litigation, Wage & Hour
Employers in the hospitality and restaurant industry are poised for celebration: the Department of Labor (DOL) has proposed eliminating a rule that requires tracking the time tipped employees devote to non-tip producing activities when counting employees’ tips toward the employer’s minimum wage obligations. The DOL has taken the position that employers cannot claim a tip … Continue Reading
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