Todd Van Dyke: Lawyer with Jackson Lewis P.C.

Todd Van Dyke

Office Managing Principal
Atlanta,  GA  U.S.A.
Phone404-586-1814

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Experience & Credentials
 

Practice Areas

  • General Employment Litigation
  • Non-Competes and Protection Against Unfair Competition
  • Financial Services
  • Health Care
  • Professional Services
  • Retail
 
University University of Georgia, A.B., cum laude, 1991
 
Law SchoolGeorge Washington University, J.D., with honors, 1995
 
Admitted1995, Georgia; U.S. District Court, Middle and Northern Districts of Georgia; Georgia Court of Appeals; Supreme Court of Georgia; U.S. Court of Appeals, Fifth, Sixth and Eleventh Circuits; U.S. Supreme Court
 
Memberships 

Professional Associations and Activities

American Bar Association
Georgia State Bar Association

 
Born1969
 
Biography

Todd Van Dyke is the Office Managing Principal of the Atlanta, Georgia, office of Jackson Lewis P.C. He litigates all types of employment law claims, including claims alleging sexual harassment, sex discrimination, disability discrimination, age discrimination, race, color, and national origin discrimination, retaliation, wrongful discharge, breach of contract, and state tort issues in federal and state courts and in arbitration.

His practice includes single plaintiff, multi-plaintiff, class and collective action cases and EEOC pattern and practice cases. Mr. Van Dyke also regularly advises companies on a wide range of labor and employment law issues, including wage and hour, disability leave management, background checks, employment agreements, restrictive covenant agreements, and other human resources policies and procedures. He is a frequent speaker before business and employer associations on these topics. Mr. Van Dyke has conducted more than twenty webinars and presentations in the last few years on many topics, including: “Practical Guidance on Employment Law Compliance, ” “10 Most Common FLSA Mistakes - And How to Avoid Them, ” “Practical Guidance on Wage and Hour Compliance: What Do You Really Need to Know?, ” “Top Ten Questions Employers Ask, ” “Employment and Regulatory Enforcement Activity is Underway: Are You Ready?, ” “Social Networking Rights, ” “Unintended Consequences of Employment Laws, ” and “Understanding Georgia's New Non-Compete Law.”

Mr. Van Dyke regularly represents professional employer organizations and staffing companies throughout the United States. He is a member of the National Association of Professional Employer Organizations (“NAPEO”) and the American Staffing Association (“ASA”). Mr. Van Dyke is co-chair of the Firm's HR Outsourcing Industry Group, which specializes in labor and employment law issues that impact PEOs, staffing firms and similar businesses.

Mr. Van Dyke has extensive experience representing employment practices liability insurance (“EPLI”) carriers and defending their insureds in various legal matters. He has coordinated the defense of EPLI claims on a national level and a local level. He has also conducted training for underwriters and claims examiners on various employment law topics, including claims handling and processing, retaliation, and wage and hour.

Mr. Van Dyke also has significant experience prosecuting and defending claims for injunctive relief and monetary damages involving trade secrets, non-competition agreements, non-solicitation agreements, and non-disclosure agreements. In 2012, Mr. Van Dyke conducted training about Georgia's new Restrictive Covenants Act for the Georgia Superior Court Judges Annual Summer Seminar that was held in Athens, Georgia.

Pro Bono and Community Involvement

•MUST Ministries, Board Member

Published Works

• Working Overtime: How Proposed Department of Labor Changes Could Impact Your Payroll, The Bottom Line Magazine (2015)
• Top Five Termination Mistakes that Could Get You Sued, The Bottom Line Magazine (2014)
• Business Ethics 101, The Bottom Line Magazine (2014)
• Top Tips for Data Privacy, The Bottom Line Magazine (2014)
• Understanding How the Supreme Court's Recent Rulings Impact Your Business, The Bottom Line Magazine (2013)
• Practical Advice for Employers Facing Natural Disasters, The Bottom Line Magazine (2013)
• Three Ways Employers Misclassify Workers - And How They Can Get It Right, The Bottom Line Magazine (2013)
• A Year of Change: An Eagle-Eyed Look at 2013's New State and Local Laws, The Bottom Line Magazine (2013)
• Recent Cases Affecting Employment Law, PEO Insider (May 2013)
• Practical Guidance on Employment Law Compliance, ADP TotalSource Special Report (2012)
• Rising Above the Risks of Social Media: Responsibilities and Policies in the Workplace, ADP TotalSource Special Report (2012)
• At-Will Employment: Does It Really Matter Any More? The Bottom Line Magazine (2012)
• Practical Guidance on Wage and Hour Compliance: What Do You Really Need to Know? (ADP TotalSource Special Report (2012)
• The Impact of Religious Beliefs in the Workplace, The Bottom Line Magazine (2012)
• Plan Ahead for the Reemployment of Returning Veterans, The Bottom Line Magazine (2012)
• Deducting from an Employee's Pay: When Is It Okay? The Bottom Line Magazine (2012)
• Employment and Regulatory Enforcement Activity is Underway: Are You Ready? ADP TotalSource Special Report (2011)
• New Protection for Unemployed Job Applicants, The Bottom Line Magazine (2012)
• Beware of the Risks of Background Checks, The Bottom Line Magazine (2011)
• Applicability of State FMLA Laws to PEOs and Their Worksite Employers, NAPEO Legal Review (2011)
• Proper Document Retention: Are You Protected or Exposed? The Bottom Line Magazine (2010)
• Interns and Volunteers: Free Help or Costly Legal Mistake? The Bottom Line Magazine (2010)
• I-9 Document Review, PEO Insider (2008)

Speeches and Presentations

•Breaking News from Washington: Regulatory and EEOC Update (Georgia State Bar CLE 2012)
•Out With the Old, In With the New: Understanding Georgia's New Restrictive Covenants Law (Georgia Superior Court Judges 2012 Summer Seminar)

Publications

October 13, 2015

Change in Georgia's First Offender Act Facilitating Employment to be Applied Retroactively

October 13, 2015

Legislation overhauling Georgia's probation system also affects Georgia's First Offender Act (“GFOA”) (O.C.G.A. 42-8-60 et seq.), which protects certain criminal defendants from being disqualified from consideration for employment based on their criminal record.Under the GFOA, a criminal defendant who

October 9, 2015

Georgia Garnishment Ruling Modified by Judge, No Longer Applies to Wages

October 9, 2015

Revising his September 8 decision that Georgia's garnishment statute is unconstitutional, U.S. District Judge Marvin H. Shoob has issued an order stating that his ruling does not apply to wage garnishment cases filed against a judgment debtor's employer. Strickland v. Alexander, No. 1:12-CV-02735-MHS (N.D. Ga. Oct. 5, 2015

September 22, 2015

Georgia's Garnishment Law on Shaky Ground

September 22, 2015

Georgia's garnishment statute is unconstitutional, a federal judge in Atlanta has held in Strickland v. Alexander, No. 1:12-CV-02735-MHS (N.D. Ga. Sept. 8, 2015), putting the future of state garnishment cases in doubt.U.S. District Judge Marvin H. Shoob found Georgia's garnishment law to be flawed because it did not

Blogs

Non-Compete & Trade Secrets Report

Learning the Hard Way: Non-Competes and Subsequent Agreements
September 3, 2014

The Georgia Court of Appeals handed down a tough lesson for an employer in Mapei Corporation v. Prosser, A14A0368 (Ga. Ct. App. July 9, 2014). The Court of Appeals affirmed summary judgment for an employee on the claim he breached his non-compete with his prior employer.

By Todd Van Dyke

Non-Compete & Trade Secrets Report

Georgia Supreme Court Rejects Inevitable Disclosure Doctrine
May 29, 2013

The inevitable disclosure doctrine is a common law doctrine that has been used by some courts to prevent a former employee from working for a competitor, even in the absence of a non-compete, because the former employee's new job duties would inevitably require him to rely upon, use or disclose his former employer's trade secr

By Todd Van Dyke

Non-Compete & Trade Secrets Report

The Georgia Restrictive Covenants Act - Two Years Later
April 25, 2013

As previously reported in a legal alert issued by Jackson Lewis on May 12, 2011, Georgia Governor Nathan Deal signed the Georgia Restrictive Covenants Act into law almost two years ago, on May 11, 2011. Since that time, many employers have required employees to sign new covenants that comply with the law.

By Todd Van Dyke

In the News

November 18, 2015

Jackson Lewis

Jackson Lewis' Todd Van Dyke Named Atlanta Office Managing Shareholder

November 18, 2015

ATLANTA, GA (November 18, 2015) Jackson Lewis P.C., one of the country's preeminent workplace law firms, is pleased to announce Todd Van Dyke has been elevated to Office Managing Shareholder in Atlanta. Mr. Van Dyke, who formerly served as Litigation Manager of the office, succeeds David Gordon, who elected to transition out

August 17, 2015

Jackson Lewis

Jackson Lewis Attorneys Recognized in The Best Lawyers in America 2016

August 17, 2015

WHITE PLAINS, NY (August 17, 2015) Jackson Lewis P.C., one of the country's preeminent workplace law firms, is pleased to announce 137 of the firm's attorneys have been named to the 2016 edition of Best Lawyers. In addition, 10 attorneys were named “Lawyer of the Year” in their respective

April 30, 2013

Jackson Lewis

Jackson Lewis Atlanta Named Labor and Employment Litigation Department of the Year

April 30, 2013

ATLANTA, GA (April 30, 2013) - Jackson Lewis LLP, one of the country's largest and fastest-growing workplace law firms, is pleased to announce its Atlanta office was named the Law Firm Litigation Department of the Year for labor and employment in a survey conducted by the American Lawyer publication, the Daily Report. The

 
Reported CasesRepresentative Cases: Represented a technology company in a federal court jury trial in Atlanta. The plaintiff, a former employee, sought more than a million dollars in damages and attorney's fees for breach of contract and stock options. Defense verdict. (2015); Defended a national logistics provider in a multi-million dollar claim for breach of an employment agreement brought by a former high-level executive. After an arbitration on the merits, the Company prevailed. (2013); Represented a staffing company in FLSA collective action brought on behalf of current and former employees alleging they had been misclassified as exempt. Class was conditionally certified. Thereafter, obtained summary judgment on all claims, which was affirmed by the Eleventh Circuit Court of Appeals. The United States Supreme Court denied certiorari in 2011. Bell et al. v. Callaway Partners et al., 2010 U.S. Dist. LEXIS 36564 (N.D. Ga. 2010), aff' d, 394 Fed. Appx. 632 (11th Cir. 2010). Represented a manufacturer in a case involving claims the plaintiff was terminated because of his disability and his age. The plaintiff claimed the misconduct that led to his termination - sleeping on the job - was caused by his disability. Obtained summary judgment on all claims. Howard v. STERIS Corp., 2012 U.S. Dist. LEXIS 116032 (M.D. Ala. 2012). Represented a retailer in a case involving claims the plaintiff was sexually harassed and terminated in retaliation for complaining about the harassment. Obtained summary judgment on all claims. Faircloth v. Her-Kel Investments, Inc., 2012 U.S. Dist. LEXIS 80475 (M.D. Ga. 2012). Represented a company in a nationwide claim by the EEOC that the company had a leave policy that violated the ADA. The case was resolved on terms favorable to the company. Represented an insurance company in a case involving claims the plaintiff was discriminated against on the basis of race, disability and in retaliation for engaging in protected activity. Court granted a motion to dismiss all claims prior to discovery. Carter v. The Hartford Fire Ins. Co., 2012 U.S. Dist. LEXIS 148630 (N.D. Ga. 2012). Represented a hotel in a high-profile case of harassment brought by a former employee, who alleged he had been harassed by a prominent entertainer. The case was resolved early on terms favorable to the hotel. Represented individuals and a company in a case that sought a declaration that several restrictive covenants were unenforceable. After successfully getting the case remanded to state court, the case was resolved on favorable terms. Smith et al. v. Willis Insurance Services of Georgia, Inc., 2011 U.S. Dist. LEXIS 76089 (N.D. Ga. 2011). Represented a company in a case that opposed the plaintiff's attempts to obtain a declaration that several of his restrictive covenants were unenforceable. After successfully obtaining a dismissal of some claims prior to discovery, the case was resolved on favorable terms. Rowland v. XPEDX, Inc., 2011 U.S. Dist. LEXIS 41214 (N.D. Ga. 2011). Represented a financial services company in an unfair competition arbitration. Defeated two motions for preliminary injunction, and obtained a defense verdict on all claims after a full hearing on the merits. Allegiance Financial v. Hennessy and Citigroup Global Markets, Inc., NASD Case No. 06-01124 (2007). Represented an international manufacturer in an unfair competition case. After a weeklong jury trial in federal court, obtained a defense verdict on plaintiff's claim for misappropriation of trade secrets. Jury returned a verdict in favor of the plaintiff on a tortious interference claim that was significantly less than the last offer. Represented a food services company in a multi-state FLSA collective action involving allegations tipped employees were required to perform work outside of their tipped positions and the company included non-tipped employees in the tip pool. Obtained a favorable settlement prior to conditional certification of a class. Represented a communications company in whistleblower action brought under the Sarbanes Oxley Act. Obtained a no liability determination. Represented a manufacturer in a case involving claims the plaintiff was terminated in violation of the ADA and the FMLA. Obtained summary judgment which was affirmed on appeal. Hinson v. Tecumseh Products Co., 2000 U.S. App. LEXIS 26778 (6th Cir. 2000). Represented a food processing company in FLSA collective and class actions brought on behalf of current and former employees who claimed they were not paid for all hours worked. Represented an insurance company in restrictive covenant litigation involving a former agent who had filed a declaratory judgment action. Obtained a ruling that the former agent's covenants were enforceable, and the former agent thereafter agreed to repay the company a six figure sum of money. Represented a retailer in an assault and battery arbitration. Defense verdict. Represented a retailer in an arbitration involving claims of race and sex discrimination. Defense verdict. Mr. Van Dyke has conducted many TRO and preliminary injunction hearings in non-competition cases in state and federal courts throughout the Southeast.
 
ISLN910106304
 

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Change in Georgia’s First Offender Act Facilitating Employment to be Applied Retroactively
Emily S. Borna,Todd Van Dyke, October 22, 2015
Legislation overhauling Georgia’s probation system also affects Georgia’s First Offender Act (“GFOA”) (O.C.G.A. § 42-8-60 et seq.), which protects certain criminal defendants from being disqualified from consideration for employment based on their criminal record.

Georgia Garnishment Ruling Modified by Judge, No Longer Applies to Wages
Justin R. Barnes,Erin Krinsky,Todd Van Dyke, October 21, 2015
Revising his September 8 decision that Georgia’s garnishment statute is unconstitutional, U.S. District Judge Marvin H. Shoob has issued an order stating that his ruling does not apply to wage garnishment cases filed against a judgment debtor’s employer. Strickland v. Alexander, No....

Georgia’s Garnishment Law on Shaky Ground
Justin R. Barnes,Erin J. Krinsky,Todd Van Dyke, September 24, 2015
Georgia’s garnishment statute is unconstitutional, a federal judge in Atlanta has held in Strickland v. Alexander, No. 1:12-CV-02735-MHS (N.D. Ga. Sept. 8, 2015), putting the future of state garnishment cases in doubt.

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Office Information

Todd Van Dyke

1155 Peachtree Street, N.E., Suite 1000
AtlantaGA 30309-3600




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