Supreme Court Clarifies "Cats Paw" Liability for Discrimination Claims
3/8/11
By Ben Mathis and Jonathan Kandel
The U.S. Supreme Court has issued a decision that could leave employers liable for discrimination even if the ultimate decisionmaker has no discriminatory animus. The Court held that an employer can be liable based …
Outside Sales Employees – Are You Paying Them In Compliance With The FLSA?
3/1/11
By Brad Adler
Employers often are warned about the significant dangers associated with misclassifying workers for purposes of avoiding overtime under the “white collar” exemptions, such as the administrative, executive and professional exemptions. There is, however, another exemption to the …
Sanctions for E-Discovery Violations Increase: What Can Be Done Now?
3/1/11
By Sun Choy and David Cole
In 2006, substantial amendments were made to the Federal Rules of Civil Procedure “to secure the just, speedy, and inexpensive determination” of discovery disputes involving electronically stored information. Ironically, however, it appears that the …
Defaults in Construction: Managing Discord and Divorce
3/1/11
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 …
Georgia Legislative Session at Mid-Point
3/1/11
By 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 …