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August 2015




FMG San Francisco office moves to 101 California Building

FMG San Francisco office has moved.
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FMG Adds New Attorneys in Atlanta and Philadelphia

FMG is pleased to announce that Jaime Davis  in the Atlanta office and Mark Stephenson in the Philadelphia office have both joined the firm as Of-Counsel. Also, Michael Hill in Atlanta and Jonathan Romvary in Philadelphia have joined the firm as Associates.
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Department of Labor Sends Out Warning To Employers With Independent Contractors

By: Marty Heller and Neil Wilcove

For the last few years, we have been warning employers that classifying workers as “independent contractors” is a risky proposition.  Now, the Department of Labor again has sent a shot across the bow, this time in the form of an “Administrator’s Interpretation,” found here.  In this guidance, the Department of Labor further expands upon its previous position that the Fair Labor Standards Act’s definition of employ (which is defined as “to suffer or permit to work”) should be interpreted very broadly.

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FCC Issues TCPA Declaratory Ruling and Order

By: Matt Foree

As reported previously, on June 18, 2015, the Federal Communications Commission (FCC) issued a press release about its new declaratory rulings.  The FCC recently published its 138-page Declaratory Ruling and Order (“Declaratory Ruling”), which was intended to address 21 pending petitions.

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EEOC Decides Sex Discrimination Protection Includes Sexual Orientation

By: Amanda Hall

Title VII of the Civil Rights Act of 1964 does not specifically prohibit discrimination on the basis of sexual orientation.  In addition, although some state and local laws prohibit discrimination based on sexual orientation, federal case law throughout the circuits has generally held that sexual orientation does not constitute a protected class.  In a landmark July 15, 2015 ruling, however, the U.S. Equal Employment Opportunity Commission (“EEOC”) held that Title VII’s prohibition of employment discrimination on the basis of sex extends to claims based upon sexual orientation.

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Firm and Attorney News 

Dana Maine and Coleen Hosack recently obtained a complete defense verdict in a jury trial in the Superior Court of Gwinnett County. The case involved alleged negligence arising out of storm water flooding of the plaintiff property. The Plaintiff's asked the jury in closing to award $190,000 in damages, but the jury decided in favor of our client on all claims.

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Wayne Melnick and Andy Treese successfully argued and won a motion to dismiss in a suit filed in Barrow County against their client, a day care center operator. The plaintiff had claimed personal injuries and damages to him and his minor child as a result of vehicle accident in which they were involved with a van operated by the day care center's employee.

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FMG Partner Bobby Baker was quoted in the Wall Street Journal on Nuclear Power Plant Construction.

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Ben Mathis has been elected Chairman of Georgia Tech Alumni Association for 2015-2016.

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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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Information conveyed in this presentation should not be construed as legal advice or represent any specific or binding policy or procedure of any organization. Information provided in this presentation is for educational purposes only. These materials are written in a general format and not intended to be advice applicable to any specific circumstance. Legal opinions may vary when based on subtle factual distinctions. All rights reserved. No part of this presentation may be reproduced, published or posted without the written permission of Freeman Mathis & Gary, LLP.
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