St. Mary's University School of Law, J.D., 1995
Central Michigan University, B.S., cum laude, 1991
Named among Top 50 Women Lawyers in Georgia by Super Lawyers, 2015
Named a "Georgia Super Lawyer," as published in Atlanta Magazine and Georgia Super Lawyers Magazine, March 2006, 2007, 2009, 2010, 2011, 2012, 2013, 2014, 2015
Named one of "Georgia's Legal Elite," selected by Georgia attorneys and published in Georgia Trend Magazine, December 2005, 2007, 2009, 2010, 2011, 2012, 2013, 2014, 2015
Visionary Award, Georgia Association for Women Lawyers, 2005
Listed as a "Top Attorney in Employment and Labor" in the Corporate Counsel Edition of Super Lawyers Magazine, November/December 2010
U.S. Supreme Court
U.S. District Court, Northern District of Texas
U.S. District Court, Western District of Texas
U.S. District Court, Southern District of Texas
U.S. District Court, Northern District of Georgia
U.S. District Court, Northern District of Florida
U.S. District Court, Western District of Michigan
U.S. Court of Appeals for the Sixth Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Eleventh Circuit
U.S. Court of Appeals for the District of Columbia Circuit
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 has obtained hundreds of successful outcomes for her clients including rulings and verdicts via summary judgment motions, arbitrations, and trials. 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.
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. In February 2013, Ms. Idalski prevailed for the firm’s oil field services client against the United States Department of Labor, which sought over $6 million in alleged overtime payments. 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 and that our client owed a zero sum. Ms. Idalski prevailed again in 2014 winning an award of over a half million dollars in attorneys' fees against the United States Department of Labor. Ms. Idalski provided commentary on this case to The Wall Street Journal, The National Law Journal, Texas Lawyer, and Fox News Houston as well as other publications nationwide. In 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.
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 is frequently recognized by her peers for her excellence in client service and outstanding legal results. She has been honored by Georgia Super Lawyers and Georgia Trend, among other notable outlets.
She served as President of the Georgia Association For Women Lawyers during 2006-2007, and later served on the GAWL Advisory Board.
- Gate Guard Servs., L.P. v. Perez, No. 6:10-cv-91, 2014 WL 1379189 (S.D. Tex. Apr. 7, 2014), (obtained attorneys' fees award of over $500,000 in favor of Gate Guard Services, L.P. because U.S. Department of Labor’s allegation that the workers were misclassified as independent contractors was not substantially justified), appeal docketed, No. 14-40585 (5th Cir. Jun. 9, 2014) (appealing only award of attorneys’ fees and not independent contractor issue).
- Gate Guard Servs., L.P. v. Solis, No. V-10-91, 2013 WL 593418 (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 misclassified as contractors).
- Gate Guard Servs., 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 Secretary of Labor).
- Hill v. Lanier Parking Meter Servs., 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) (obtaining 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, 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 summary judgment for construction company on counterclaim filed by former employee asserting Rule 23 class action claims under ERISA in United States District Court, Northern District of Georgia.
- Obtained directed verdict as lead counsel in jury trial for claims arising under Title VII (retaliation), the Florida Civil Rights Act, and the Florida Whistleblower's Act for a technology client in United States District Court, Southern District of Miami.
- Twice obtained summary judgment and significant attorneys' fees awards for manufacturing company in 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 violations of the Equal Pay Act in United States District Court, Northern District of Georgia.
- Obtained dismissal with prejudice after plaintiff's deposition in FMLA lawsuit on behalf of a property management company in United States District Court, Northern District of Florida.
- Obtained dismissal of class action complaint against property management company at pre-answer stage in Superior Court of Fulton County, Georgia.
- 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 a Las Vegas-based cable company on the issue of joint employment in FLSA collective action in United States District Court, District of Nevada.
- Obtained zero sum settlement and dismissal for employer in race discrimination lawsuit in United States District Court, Southern District of Texas
Articles and Publications
- Author, "Independent Contractor Status: Employer Prevails in Department of Labor Challenge," The American Oil & Gas Reporter, September 2015
- Quoted in, "Feds Targeting Companies for Misclassifying Their Workers,” Atlanta Business Chronicle, July 2015
- Quoted in, "Attorneys React to DOL Misclassification Guidance," Law 360, July 2015
- Quoted in, "Fifth Circuit Sanctions Federal Government in FLSA Case," Texas Lawyer, July 2015
- Quoted in, “South Texas Oil Field Services Company Wins Appeal,” The Victoria Advocate, July 2015
- Co-Author, “Three Things That Keep Oil & Gas Executives Up at Night,” Oil & Gas, June 2015
- Quoted in, “Drilling Down on Day Rates,” North American Oil and Gas Pipelines, May 2015
- Author, “Contracting Trouble: How to audit your
independent contractor classifications before the DOL does”, HRMagazine, April 2015
- Quoted in, "Suit Attempts to Apply NLRB’s ‘Joint-Employer’ Status to Discrimination Cases," Inside Counsel, February/March 2015
- Co-Author, "Avoiding Joint Employment Liability: The Control Factor,” Inside Counsel, February 27, 2015
- Co-Author, "7 Steps to Drafting Effective Written Agreements to Avoid Joint Employer Liability", Inside Counsel, January 29, 2015
- Co-Author, "The Joint Employment Arrangement: How Changes in the Law Affect Franchisor/Franchisee and Contractor Relationships", Inside Counsel, December 30, 2014
- Quoted in, "Company Wins Big Fee Award from DOL", Texas Lawyer, April 17, 2014
- Quoted in, "Case in Point: How to Sue the Government and Win", Houston Business Journal, April 14, 2014
- Quoted in, "Judge Socks Labor Department With Costs of Failed Lawsuit", The National Law Journal, April 14, 2014
- Quoted in, "Atlanta Labor Lawyer Prevails Over Labor Department", Atlanta Business Chronicle, April 11, 2014
- Quoted in, "Taxing Error, Misclassifying Employees as Independent Contractors Can Prove Costly", The Atlanta Business Chronicle, August 16, 2013
- 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", American Bar Association Journal, April 2011
- Author, "Employee Versus Independent Contractor: Classification Dilemma", Daily Labor Rep. (BNA) No. 5, January 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
- 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
- Atlanta Journal Constitution's "Brag Book", April 2015
- February 2015
- Peer Evaluations Set Bar for Intensive Selection ProcessNovember 2013
- 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
- Rigorous Selection Process Recognizes Outstanding Attorneys Chosen By Their PeersFebruary 2012
- Oil field company fights back after being accused of misclassifying employeesVictoria Advocate, August 2011