Nichole Atallah counsels clients in a broad range of employment matters, including compliance with Title VII, ADA, ADEA, FLSA/wage and hour, FMLA, wrongful termination, and reduction in force. She advises clients in general business matters, including interpreting and drafting employee compensation and benefit arrangements, confidentiality, non-compete and non-solicitation agreements, as well as separation agreements.

Ms. Atallah has substantial experience assisting government contractors with FAR Part 22 compliance, including the Davis Bacon Act, the Service Contract Act, and Equal Employment Opportunity requirements specific to government contractors.  Additionally, she has advised tribally-owned entities on unique labor and employment issues, including Native American preferences, sovereign immunity questions, and Title VII jurisdiction.

Ms. Atallah assists clients through Department of Labor compliance audits and investigations and works proactively with clients to establish and maintain effective human resource policies that discourage employment disputes and lawsuits.  When necessary, she zealously defends clients faced with a wide range of lawsuits and claims, from wrongful termination to contract disputes.  Furthermore, Ms. Atallah vigorously advocates on behalf of her clients that have a unionized workforce, assisting them during collective bargaining, labor-management disputes, and disputes pending before the National Labor Relations Board. Her goal in representing employers is to help retain management rights and avoid costly disputes.

Education

  • Georgia State University College of Law, J.D., 2010, magna cum laude Legislative Editor, Georgia State University Law Review
  • The George Washington University, Elliott School of International Affairs, B.A., 2004
  • Negotiations and Influence Certification, UC Berkeley, 2015

Admissions

Representative Experience

Employment law experience:

  • Counseling client's regarding liability exposure when making work force decisions
  • Obtaining favorable outcomes in charges before the EEOC
  • Negotiating resolutions to employment agreement disputes and non-competition violations
  • Obtained settlement of EEOC discrimination charge for mere pennies on the dollar where complainant agreed to dismiss her charge in exchange for a small amount of money she claimed was due to her in back wages
  • Advising clients on application of workforce policies and procedures

Labor law experience:

  • Successfully negotiated several collective bargaining agreements for successor contractors that inherited an organized bargaining unit from a predecessor contractor
  • Obtained early resolution of several unfair labor practice charges filed with the National Labor Relations Board
  • Counseled clients during the solicitation process and after award regarding the company’s relationship with the bargaining unit and its obligations
  • Assists clients through the grievance and dispute resolution process

Labor law regulatory compliance experience:

  • Successfully negotiated Service Contract Act liability with the Department of Labor with respect to misclassification of employees
  • Obtaining a substantial reduction in back payment liability for a client that miscalculated benefits owed to employees pursuant to the Davis-Bacon Act
  • Negotiated a significant reduction in Service Contract Act Liability for client and assisted the client in defending its performance of work requirements when audited
  • Assisted client in working with the Department of Labor and a subcontractor to negotiate a resolution to subcontractor liability for Service Contract Act violations

General litigation experience:

  • Achieved favorable pre-trial settlement for a client sued by a former employee under the Americans with Disabilities Act
  • Obtained pre-trial dismissal in a breach of contract and unjust enrichment claim by bringing a motion to dismiss based on jurisdiction, revealing the weakness of the plaintiff’s claims and causing the plaintiff to voluntarily dismiss the lawsuit
  • Used effective litigation tactics to persuade counsel for plaintiff in employment discrimination suit to voluntarily dismiss the case (unpublished, 2012)
  • Achieved pre-trial dismissal of lawsuit and an award of sanctions in favor of our client, a corporate defendant, in a discrimination lawsuit brought by a disgruntled former employee (unpublished, 2012)

General corporate experience:

  • Drafting and interpreting employment and separation agreements
  • Advising clients in crafting incentive pay and executive compensation arrangements
  • Successfully brought and defended claims regarding non-compete and non-solicitation agreements

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