Margaret Santen Hanrahan

Profile

Ms. Hanrahan has been practicing labor and employment law since 2004 and has counseled and/or assisted clients across the country on a variety of labor and employment litigation matters. This commonly includes defending collective action lawsuits under the FLSA, including independent contractor misclassification actions; conducting comprehensive national wage/hour and wage/payment audits, while counseling companies on limiting their liability under both federal and state wage/hour and wage/payment laws; conducting nation-wide audits of companies’ employment policies and practices for both federal and state law compliance; investigating and defending EEOC charges filed against companies; defending and investigating Title VII, FLSA, ADEA, FMLA, and ADA lawsuits; and drafting employment contracts, policies, and employee handbooks.

Ms. Hanrahan’s practice also focuses extensively on helping clients with independent contractor and outsourcing issues, which often includes drafting independent contractor or other applicable agreements, conducting routine audits to ensure the practice comports with the model, and helping to develop “best practices.” Ms. Hanrahan also defends both single plaintiff and class action misclassification lawsuits on behalf of clients in federal or state courts and before state administrative agencies.

Finally, Ms. Hanrahan assists and counsels companies on traditional labor relations matters, including union campaigns, unfair labor practice litigation, maintaining positive employee relations, and regularly conducts labor audits and supervisor training to help clients maintain a positive work environment.

Experience

Experience: 
  • Represented national distributor of durable goods products in nationwide collective action under the Fair Labor Standards Act, litigated the propriety of nationwide conditional certification and notice, and successfully limited the conditionally certified class to smaller group of employees in one location.
  • Represented national food distributing company in nationwide collective action under the Fair Labor Standards Act and litigated propriety of nationwide conditional certification and notice, along with substantial defenses to claims, including whether the drivers were independent contractors and the applicability of the Motor Carrier Act and/or Outside Sales exemptions to the claims.
  • Successfully represented delivery company in multiple unfair labor practice charges and assisted in keeping company union-free.
  • Successfully represented multiple home health care organizations, as well as organizations in the construction industry, in litigation against the Georgia Department of Labor challenging the companies' use of independent contractors.

Education and Honors

Education: 

J.D., cum laude, University of South Carolina, 2004
B.A., with distinction, University of Virginia, 2000

Honors and Awards: 
  • Order of Wig and Robe
  • Order of Coif
  • Recipient, ABA Real Property, Probate and Trust Journal Scholarship Award (2004)
  • Selected as Georgia Rising Star (2012)

Professional Activities

Professional Activities: 
  • National Association of Women Lawyers
  • Georgia Bar Association (Labor and Employment Law Section)
  • Atlanta Bar Association
  • North Fulton Bar Association
  • Trinity Community Ministries (Board Member)
  • Trinity Community Ministries (Human Resources Committee Chair)
  • Volunteer for Pro Bono Partnership of Atlanta
  • North Fulton-GEM SHRM Atlanta
Speeches:
  • ACC Georgia Chapter Luncheon - "Independent Contractor Misclassification: Initiatives, Trends, and Key Preventative Measures" - Atlanta - April 10, 2012
  • Ogletree Deakins Briefing - "Independent Contractor Misclassification Initiatives" - Atlanta - March 28, 2012
  • SHRM Atlanta Chapter - "Employee Data Theft: Guarding Gates in a Virtual Age" - Atlanta - March 14, 2012
  • Ogletree Deakins Seminar - "Employee Data Theft: Guarding the Gates in a Virtual Age" - Atlanta - September 29, 2011
  • SHRM Atlanta Chapter - "Independent Contractors Under a Microscope and Worker Classification – the Latest Developments" - Atlanta - August 17, 2010
  • Association of Residential Cleaning Services - "Independent Contractor Misclassification" - Columbus - June 15, 2010
  • Georgia State University School of Law, Labor and Employment Law Section - "Social Networking-Policies for and Implications In the Workplace" - Atlanta - April 7, 2010
  • Ogletree Deakins Briefing - "Independent Contractor Developments" - Atlanta - December 10, 2009
  • Ogletree Deakins Briefing - "Georgia Department of Labor Initiatives" - Atlanta - October 28, 2009
  • ACC Annual Employment Law Update - "Reductions in Force and Alternatives" - Atlanta - September 3, 2009
  • Ogletree Deakins Seminar - "Contingent Workers – Key Do’s and Don’ts on Dealing With Independent Contractors, Leased Employees, and Temps" - Atlanta - October 23, 2008
  • South Carolina Manufacturers Alliance - "The Winds of Change are Blowing . . . Will It Make a Difference? Maintaining the Union-Free Environment" - Columbia - October 20, 2005