U.S. Unemployment Rate Edged Down in February 2013
3/29/13
By: Brad Adler
The U.S. Bureau of Labor Statistics recently reported that the U.S. unemployment rate fell to 7.7 percent in February, down slightly from 7.9 percent in January, 2013. Among the major groups, the unemployment rate for Caucasians declined …
IMAGE Raises the Bar for Immigration Enforcement Practices
3/29/13
By: Kelly Morrison
In Georgia, the mandatory E-Verify date is creeping closer. As of July 1 of this year, every employer with 10 or more employees will be required to register and use the online program, which verifies employment eligibility …
Minnesota High Court Rules that Additional Insured is not Covered in the Absence of Negligence of the Named Insured
3/28/13
By: Bart Gary
Many contracts, especially construction contracts, will contain a provision whereby one party, usually a subcontractor, agrees to add the other party to the contract, usually the general contractor, as an additional insured on the former’s insurance coverage. …
FDIC Publicizes Failed Bank Settlements
3/28/13
By: Kelly Morrison
In an apparent response to criticism for their lack of transparency, the FDIC has published dozens of settlement agreements arising out of the now 106 lawsuits the agency has filed against failed banks. The FDIC has indicated …
Surgeons Leave Patients with Unexpected Surprises
3/27/13
By: Scott Rees
The article below discusses the surprisingly high frequency of surgical instruments left inside a patient’s body following surgery, and the costs involved. Those sponges become very expensive when they are accidentally left inside.
USA Today – “What …
Employee Fired for Tweeting Complaint About Sex Jokes
3/26/13
By: David Cole
This USA Today article is another example of how social media is presenting new legal issues in the workplace. According to the story, the tech company SendGrid fired a female employee named Adria Richards because she tweeted …
Liquidated Damages are Discretionary in FLSA Retaliation Case
3/22/13
By: Joyce Mocek
The Eleventh Circuit Court of Appeals recently held that the standard for awarding plaintiffs liquidated damages in a retaliation claim under the Fair Labor Standards Act (FLSA) is different from that used for claims of minimum wage …
New FMLA Poster and Model Forms Issued
3/8/13
By Amy Bender
The Department of Labor (“DOL”) has issued a revised Family and Medical Leave Act (“FMLA”) notice poster that all covered employers are required post by March 8, 2013. This poster summarizes the major provisions of the …
Eleventh Circuit Holds That Property Manager For Homeowners Association Is Not “Debt Collector” Under The FDCPA
3/7/13
By: Bill Buechner
The Eleventh Circuit recently held in a case of first impression that a property management company is not a “debt collector” under the Fair Debt Collection Practices Act (FDCPA).
In Harris v. Liberty Community Management, Inc., …
Georgia High Court to Revisit Scope of Official Immunity for State-Employed Physicians
3/7/13
By: Scott Rees and Michael Eshman
The highest Court in Georgia recently heard oral argument in a medical malpractice case with implications for medical providers working in state-run facilities. The issue, generally, is: when are medical providers working in state-run …
Wage and Hour Issues Evolving at a Rapid Pace
3/6/13
By: Brad Adler
Wage and hour lawsuits continue to be some of the fastest growing civil suits in our court system. In Georgia alone, FLSA lawsuits increased 40 percent in 2012, outpacing the approximately 13 percent increase nationwide by a …