Todd Van Dyke

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.

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

•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)

Todd Van Dyke In the News

The Best Lawyers in America 2020 Honors Jackson Lewis Attorneys

August 15, 2019 • Jackson Lewis

Jackson Lewis Attorneys Recognized in The Best Lawyers in America 2019

August 15, 2018 • Jackson Lewis

Best Lawyers in America Honors Jackson Lewis Attorneys in Its 2018 Edition

August 15, 2017 • Jackson Lewis

Todd Van Dyke Publications

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Eleventh Circuit Clarifies Its ‘Similarly Situated’ Standard for Workplace Discrimination Claims

April 2, 2019

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Georgia Bans Hand-Held Devices While Driving

May 14, 2018

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Georgia Targets Elder Abuse with Tough New Long-Term Care Background Check Law

May 11, 2018

Todd Van Dyke Blog Posts

Non-Compete & Trade Secrets Report

Learning the Hard Way: Non-Competes and Subsequent Agreements

September 3, 2014
Non-Compete & Trade Secrets Report

Georgia Supreme Court Rejects Inevitable Disclosure Doctrine

May 29, 2013
Non-Compete & Trade Secrets Report

The Georgia Restrictive Covenants Act - Two Years Later

April 25, 2013