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April 2014




White House Seeks An Increase In The Minimum Guaranteed Salary Of Exempt Workers

By: Brad Adler
 
You may already know about the President's push to increase the federal minimum wage from $7.25 to $10.10, but it may come as a surprise that the White House is now seeking an increase for even exempt workers. Under the Fair Labor Standards Act, employees who are exempt under what are commonly known as the "white collar exemptions" must be paid at least $455/week to qualify for the exemption. If an employer pays the individual lower than that amount (which equates to $23,660/year), the employee does not qualify and is entitled to overtime for working more than 40 hours in a work week.
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Expert Affidavit Requirement: Broad Right to Cure Defects Includes Getting a New Expert

By: Dana Maine and Michael Eshman
 
In the recent case of Fisher v. Gala, 754 S.E.2d 160 (2014) the Georgia Court of Appeals overturned the dismissal of a medical malpractice action that was dismissed based on the deficiency of the expert affidavit that was filed with the complaint. The affidavit filed with the complaint came from a general practitioner who critiqued the care of neurosurgeons. The general practitioner was not competent under Georgia law to testify regarding the standard of care applicable to neurosurgeons, and the affidavit was, therefore, deficient. The defendants moved to dismiss the case on that basis.
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Three Steps To Reduce Your Data Breach Exposure

By: David Cole
 
Recent times have produced major headlines for data breaches. Yet, these headlines usually focus on major incidents like the Target and Neiman Marcus data breaches, which could lead to the mistaken perception that only large organizations are at risk. Well, if you think you're not at risk, guess again. Any organization with information about its customers, employees, or other individuals is exposed. Statistics show that small and medium businesses are increasingly being targeted. So, as we look forward to the future, here are three steps you can take now to reduce your data breach exposure.
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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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