Do Arbitrator’s Always “Split the Baby?” Not this one.
7/29/13
By: Kamy Molavi
In 22 years as a construction lawyer after six years working as a construction project manager, I have heard and read numerous stories about arbitration awards that seems to represent a rough midpoint between the demands and …
LEED Version 4 Approved by U.S. Green Building Council
7/25/13
By: Matt Foree
The Board of the U.S. Green Building Council (USGBC) recently approved version 4 of its Leadership in Energy and Environmental Design (LEED) program. This version was the subject of lengthy commentary, delays, and controversy. The new version …
Construction Defects Can In Fact Be Accidents
7/24/13
By: Jonathan Kandel
The Supreme Court of Georgia has further clarified the scope of coverage for construction defect claims under commercial general liability (CGL) insurance policies. In Taylor Morrison Services, Inc. v. HDI-Gerling America Insurance Company, No. S13Q0462 (Ga. July …
Reversing Course: Georgia Supreme Court Simplifies Analysis for Official Immunity for State-Employed Physicians
7/23/13
By: Michael Eshman
The Georgia Supreme Court recently revisited and reversed its 1997 decision of Keenan v. Plouffe that applied a multi-factor analysis in determining whether a state-employed physician was entitled to official immunity from suit. Courts state-wide struggled …
Dangers of Hiring Independent Contractors
7/22/13
By: Leanne Prybylski
Many contractors hire independent contractors, rather than employees, to avoid paying taxes and benefits. Contractors should be aware, however, that the costs of misclassifying employees as an independent contractors could end up being more expensive than it …
TCPA Class Action on Opt-Out Confirmation Text Messages Dismissed
7/15/13
By: Matt Foree
A U.S. District Court in California recently dismissed a putative class action under the Telephone Consumer Protection Act (TCPA). See Holt v. Redbox Automated Retail, LLC, Case No. 11cv3046 (S.D. Cal. 2013). The matter concerned Defendant …
EEOC Sues Over Criminal Background Checks
7/12/13
By La’Vonda McLean
The U.S. Equal Employment Opportunity Commission (EEOC) has begun filing lawsuits against employers for their use of criminal background checks. Last month, the EEOC filed a lawsuit against Dollar General and a BMW manufacturing plant in South …
E-Verify: Five Tips for Efficient Use
7/12/13
By Kelly Eisenlohr-Moul
E-Verify is now mandatory for every Georgia employer with more than ten employees. Below are five tips addressing the most frequent mistakes made by E-Verify users:
1. Display the mandatory “Notice of Participation” and “Right to Work” …
New Georgia Court of Appeals Case Sheds Light on the Interplay Between Summary Judgment and Rule 68 Offers of Settlement
7/12/13
By: Wayne S. Melnick
Since they came into existence as part of the 2005 Tort Reform Act, Rule 68 Offers of Settlement have become an effective weapon in the defense attorney’s arsenal. Pursuant to O.C.G.A. § 9-11-68, these offers …
Contractors are Under Greater Scrutiny for Compliance with Davis Bacon Requirements
7/9/13
By: Kamy Molavi
Recently, we at FMG’s construction law group have seen several cases involving the Davis Bacon Act. Davis Bacon is the federal law that requires all workers to be paid the “prevailing wages” on federal contracts. The …
You’ve Got Mail: E-mail Notifications Effective in E-Verify
7/8/13
By: Kelly Eisenlohr-Moul
Among the more significant changes in the 2013 Form I-9 is an optional field for the employee’s e-mail address.
If the employee supplies an electronic address, whether work or personal, the employer must use the address provided …