- Employment & Labor Litigation
- Employment Counseling
- FLSA Collective Action Litigation
- Hybrid FLSA Collective Action / Rule 23 Class Action Litigation
- St. Mary's University School of Law, J.D., 1995
- Central Michigan University, B.S., cum laude, 1991
- Listed as a "Top Attorney in Employment and Labor" in the Corporate Counsel Edition of Super Lawyers magazine, November/December 2010.
- Named a "Georgia Super Lawyer," as published in Atlanta magazine and Georgia Super Lawyers magazine, March 2006, 2007, 2009, 2010, 2011, 2012
- Named one of "Georgia's Legal Elite," selected by Georgia attorneys and published in Georgia Trend Magazine, December 2005, 2007, 2009, 2010, 2011, 2012
- Visionary Award, Georgia Association for Women Lawyers, 2005
- U.S. Supreme Court
- U.S. District Court for the Northern District of Florida
- U.S. District Court for the Northern District of Georgia
- U.S. District Court for the Western District of Michigan
- United States District Court for the Southern District of Texas
- United States Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the Ninth Circuit
191 Peachtree Street, N.E.
Atlanta, GA 30303
Annette A. Idalski practices exclusively in the areas of labor and employment litigation and counseling, and is the Chair of the firm’s Employment and Labor Group in Atlanta.
She has successfully defended numerous employers nationwide against multi-plaintiff and single plaintiff lawsuits involving independent contractor status, wage and hour compliance, alleged discrimination involving sex, race, age and disabilities, sexual harassment, restrictive covenants, whistleblower actions, and traditional labor matters.
Ms. Idalski was lead defense counsel in a number of “bet the company” collective action FLSA lawsuits where she successfully obtained complete dismissals for the firm’s clients resulting in multi-million dollar savings to these companies. Notably, in the past year, she obtained summary judgment in favor of two separate clients facing significant potential liability with respect to independent contractor arrangements. Last April 2012, the District Court in Las Vegas, Nevada ruled in favor of the firm’s cable company client in a “hybrid” FLSA collective action/Rule 23 class action case finding that the cable company was not the joint employer of its contractor cable installer’s employees thereby preserving the cable company’s business arrangement. Again this year, in February 2013, Ms. Idalski prevailed for the firm’s oil field services client against the United States Department of Labor. The District Court in Victoria, Texas granted summary judgment in its entirety and dismissed all FLSA claims against the oil field services client that were improperly brought by the United States Department of Labor. The District Court found that the workers were independent contractors and not employees. Ms. Idalski provided commentary on this case to The Wall Street Journal and Fox News Houston as well as other publications nationwide.
Ms. Idalski has obtained hundreds of successful outcomes for her clients including rulings and verdicts via summary judgment motions, arbitrations, and trials while defending her clients in sexual harassment, gender, race, age, disability, and pay discrimination lawsuits. She has handled highly sensitive and confidential sexual harassment investigations and has successfully counseled and defended these claims through arbitration and trial in federal and state courts throughout the United States including Georgia, Florida, Kentucky, New York and California.
The firm’s clients rely on Ms. Idalski for employment counseling on a daily basis. Known for her “no non-sense” and preventative advice, she provides guidance on employee issues arising out of or concerning wage and hour compliance, complex leaves of absence, hiring and firing, mergers and acquisitions, and collective bargaining matters. She conducts legal compliance audits of clients’ human resources functions and prepares employee policies, employee handbooks and employment agreements. Ms. Idalski has conducted hundreds of training courses and seminars on prevention of employment litigation covering every subject matter.
Ms. Idalski served as President of the Georgia Association For Women Lawyers during 2006-2007, and currently serves on the GAWL Advisory Board.
Gate Guard Services, L.P. v. Hilda Solis, Secretary, U.S. Department of Labor, No. V-10-91, 2013 WL 593418, *1 (S.D. Tex. Feb. 13, 2013) (Obtained summary judgment in favor of oil field services company in FLSA collective action where U.S. Department of Labor alleged that several hundred gate attendants were misclassification of contractors)
- Gate Guard Services, L.P. v. Solis, No. 6:10-cv-91, 2011 WL 2784447 (S.D. Tex. July 12, 2011) (Successfully filed a declaratory judgment action in FLSA collective action concerning alleged misclassification of contractors and defeated motion to dismiss on behalf of oil field services company against Hilda Solis, United States Department of Labor).
- Hill v. Lanier Parking Meter Services, LLC, No. 3:09-CV-627-H, 2010 WL 3944725 (W.D. Ky. Oct. 6, 2010), reconsideration denied, 2010 WL 5209346 (W.D. Ky. Dec. 15, 2010), aff’d, No. 11-5071 (6th Cir. Apr. 6, 2012), en banc rehearing denied (6th Cir. Aug. 9, 2012) (Obtained summary judgment on all claims for parking company in lawsuit involving allegations of sexual harassment and retaliation under the Kentucky Civil Rights Act and the Kentucky whistleblower statute).
- Anthony Mugno v. Societe Internationale de Telecommunications Aeronautiques, Ltd., et al., No. 05-cv-2037 (DRH) (ARL), 2007 U.S. Dist. LEXIS 6570 (E.D.N.Y. Jan. 30, 2007) (Obtained complete dismissal of claims under the Family and Medical Leave Act and ERISA).
- Cogburn Healthcare Ctr, Inc. v. NLRB, 437 F.3d 1266 (D.C. Cir. 2006) (Successfully argued before the U.S. Court of Appeals for the District of Columbia Circuit that Gissel Bargaining Order should be reversed).
- Seward v. Alexander Properties Group, No. 1:05-CV-601-SEB-JPG, 2005 U.S. Dist. LEXIS 31150 (S.D. Ind. Nov. 21, 2005) (Obtained complete dismissal of pregnancy discrimination case for property management company at pre-answer stage based on lack of personal jurisdiction).
- Obtained directed verdict as lead counsel in jury trial against Title VII retaliation claims, the Florida Civil Rights Act, and the Florida Whistleblower's Act in United States District Court, Southern District Miami for technology client.
- Twice obtained summary judgment and significant attorneys' fees awards for manufacturing company against age discrimination lawsuit in Superior Court of California, County of Los Angeles.
- Obtained summary judgment for pharmaceutical company in multi-plaintiff litigation involving allegations of Title VII national origin discrimination, harassment and retaliation in United States District Court, Western District of Michigan.
- Obtained summary judgment for Georgia public employer in multi-plaintiff litigation involving allegations of Title VII sexual harassment and Equal Pay Act in United States District Court, Northern District of Georgia.
- Obtained dismissal with prejudice after Plaintiff's deposition in FMLA lawsuit in United States District Court, Northern District of Florida for property management company.
- Obtained dismissal of class action complaint filed in the Superior Court of Fulton County, Georgia at pre-Answer stage for property management company.
- Obtained arbitration award for Minnesota employer against its former employee alleging sexual assault and related torts in Broward County, Florida Circuit Court.
- Obtained summary judgment for telecommunications client on the issue of joint employment in FLSA collective action in the United States District Court, District of Nevada.
Articles & Publications
- Co-Author, "Energy Company Wins Against DOL," BIC Magazine, May 1, 2013
- Quoted in, "Regulators Crack Down on Classifying Workers as Contractors," The Wall Street Journal, March 3, 2013
- Quoted in, "Oilfield Services Company Wins Over Government in Legal Labor Battle," The Victoria Advocate, February 19, 2013
- Co-Author, "Should employers include class-action waivers in their arbitration agreements?," Westlaw Journal Employment, January 10, 2012
- Co-Author, "IRS Gets Class Conscious: Switching to Independent Contractors Draws Scrutiny," A.B.A. J., Apr. 2011 at 27, 28
- Author, "Employee Versus Independent Contractor: Classification Dilemma," Daily Labor Rep. (BNA) No. 5, at I-1 (Jan. 7, 2011)
- Author, "Averting The March Toward Unionization," Law360, February 10, 2009
- Quoted in "Know Your Layoff Rules & Procedures," HR Focus, February 2009
- Co-Author, "Doing Layoffs the Right Way," Workforce Management Online, December, 2008
- Columnist, “Managing Your Employees,” Craftrends Magazine, 2005-2006
- Contributing Author, How Arbitration Works, Sixth Edition, American Bar Association, 2004
- Published numerous CLE papers on a wide variety of employment law topics
Seminars & Speaking Engagements
- Speaker, “The Top 10 Reasons Employers Are Sued For FLSA Violations and How To Prepare A Defense”, 2012 HR Star Conference, Atlanta, October 11, 2012
- Speaker, Critical Compliance: What Every Employer Should Know, October 27, 2011
- Speaker, The Top Three Employment Risks for Companies in 2011, 2011 Breakfast Briefing Series, January 27, 2011
- Panel Member, Technology Association of Georgia, Finance Society Presentation: "3 Hot Tech Finance/Legal Issues: 1099 Contracting; Non-competes and Health Care Reform", Atlanta, September 29, 2010
- Speaker, "The Family and Medical Leave Act: Is Your Company Prepared for 2010?," HR Star Conference, Atlanta, May 13, 2010
- Speaker, "HR Audits: 5 Key Areas to Review in 2009," SHRM Central Gem Meeting, May 20, 2009
- Speaker, "The New Family and Medical Leave Act: Is Your Company Prepared?," HR Star Conference, Atlanta, May 13, 2009
- Speaker, "Conducting an Effective HR Audit," 2008 HR Star Conference, Atlanta, May 14, 2008
- Speaker, "Key Components for a Successful Human Resources Department," Women Leading Business Symposium, Georgia Association for Women Lawyers, 2005
- Speaker, "Human Resource and Legal Issues for Craft, Hobby and Scrapbooking Industry Employers," Memorytrends Trade Show, Las Vegas, 2005
- Speaker, "Keeping It Legal," Lorman Education Services, 2004
- Speaker, "Managing Human Relations," Southeastern Affordable Housing Management Association Regional Conference, 2003
- Speaker, "Family and Medical Leave Act," SHRM Southeast Conference, 2003
- Speaker, "How to Structure a Human Resources Department, Part I and II," SHRM-Atlanta Workshop, 2003
- Four Attorneys from National Law Firm, Chamberlain Hrdlicka on the 2012 Super Lawyers Business Edition ListPeer Evaluations Set Bar for Intensive Selection Process Which Recognizes Outstanding AttorneysSeptember 2012
- Atlanta-based Chamberlain Hrdlicka Shareholders Recognized as 2012 Super LawyersRigorous Selection Process Recognizes Outstanding Attorneys Chosen By Their PeersFebruary 2012
- Oil field company fights back after federal government says it misclassified employeesOil field company fights back after being accused of misclassifying employeesAugust 2011
- Chamberlain Hrdlicka Attorneys Named 2011 Atlanta SuperLawyersMarch 2011
- TAG Finance Society Discusses 3 Hot Legal and Finance Topics: Restrictive Covenants/HB 173, W-2 vs. 1099 Employee Classifications and Health Care Reform Impact on Technology CompaniesSeptember 2010
- Atlanta Legal Powerhouse Shows No Signs of Rough EconomyApril 14, 2010
- Georgia Association For Women Lawyers; Advisory Board, 2008-Present; Past President, 2007-2008; President, 2006-2007; President-Elect, 2005-2006; Vice-President, Strategic Partnerships, 2003-2005; Legislative Co-Chair, 2002-2003