By Bart Gary and Leanne Prybylski
Many businesses see the use of independent contractors as a way to circumvent laws applicable to employees, such as wage and hour laws, withholding of taxes and FICA and employee benefits. Frequently, the benefits are too good to be true. Add to the list of pitfalls, the workers’ compensation law.
By Dana Maine
Georgia may be on its way to joining the minority of states holding that, under some circumstances, legal malpractice claims can be assigned. In a case of first impression, the Georgia Court of Appeals held in Villanueva v. First American Title Insurance Company that “malpractice claims are not per se unassignable.” The case, however, is on its way to the Georgia Supreme Court with the chance that that court will pass a binding precedent along the lines of the opinion from the Court of Appeals.
By Ben Mathis and Anthony Del Rio
Retaliation claims against employers are on the rise, and all employers must be cognizant of the increased legal risk of such claims. In 2010, for the first time ever, retaliation surpassed race discrimination and became the most common charge filed with the Equal Employment Opportunity Commission (EEOC).
FMG is pleased to announce that David Cole has been made a Partner of the Firm. Also, Anthony Del Rio, James Dervin, La’Vonda McLean and Stephanie Stewart have recently joined the firm as Associates. Jason Mitchell, Kathleen Dod and Shawn Kalfus have also joined the Firm within the past year.