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March 2011




Outside Sales Employees Are You Paying Them In Compliance With The FLSA?

By Brad Adler and Marty Heller

Many employers simply misunderstand the scope of the outside sales exemption and misclassify employees under the Fair Labor Standards Act (FLSA).  This article will help you to better understand how to evaluate and classify an employee as an exempt outside sales employee.
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Sanctions for E-Discovery Violations Increase: What Can Be Done Now?

By Sun Choy and David ColeDave ColeSun Choy

There are some pragmatic, preventative measures that businesses can follow to put themselves in the best position to handle e-discovery issues if and when litigation arises.
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Defaults in Construction: Managing Discord and Divorce

Kamy Molavi

By Kamy Molavi

What should you do when a company is not performing as required in a construction contract?  The consequences of this decision are significant, and it merits careful consideration.  The wrong decision can lead to the foreclosure of options and remedies otherwise available, and in the worst case, may result in significant liability.  Engineering the best answer requires, at minimum, estimating the actual and potential impacts of non-performance, assessing the feasibility and costs of alternatives, and critically, understanding your contract.
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Georgia Legislative Session at Mid-Point

Bobby BakerBy Bobby Baker

The Georgia General Assembly has now passed the halfway point of its Legislative Session and the issues of immigration, water and tax reform still dominate the session.  On February 24 the Senate approved (46-4) the amended state budget of $18 billion for the remainder of FY 2011.  The supplemental budget cut most state agencies by 4%, and it will go to a conference committee to work out the differences between the House and Senate.  What is notable and encouraging, is that actual revenue growth is 4.8% over FY 2010 revenue collections and FY 2011 should end in a surplus of several hundred million dollars.
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Ben Mathis will participate in a roundtable entitled

EPL Claims Handlers Can Work Together to Minimize Damages in Employment Cases

at the Annual CLM Conference on March 24, 2011 in New Orleans

CLM Conference Schedule Click here to register


Join the Transportation Law Practice Group for

a special one-day event for the trucking industry:

The Commercial Motor Vehicle Accident Case: How to Protect Your Company

on April 21, 2011 from 8:00 a.m. to 4:30 p.m. at Cobb Galleria Centre


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About Freeman Mathis & Gary, LLP

Freeman Mathis & Gary, LLP is a leading national litigation firm, serving clients through its practice groups in CGL and Business Liability, Commercial and Complex Litigation, Construction and Design Law, Financial Services and Transactions, Government Law, Government Relations, Insurance Coverage and Bad Faith, Labor and Employment Law, and Professional Liability. With offices in Georgia, California, Pennsylvania, New Jersey, New York, North Carolina and Florida, FMG attorneys serve as trusted counsel to corporations and governments throughout the country, providing practical, efficient, and cost-effective solutions for legal issues. For more information about FMG, visit www.fmglaw.com.




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