Drawing the Battle Lines: Federal Court Permits Department of Justice to Intervene in Texas Voting Case
9/27/13
By: Peter Munk
As discussed here, the Department of Justice has signaled an effort to use Section 3 of the Voting Rights Act to “bail-in” jurisdictions that previously required “preclearance” pursuant to the VRA’s now-defunct Section 4. This week, …
A Balancing Act-Compliance with the ADA And Use of Medical Examinations of Employees
9/18/13
By: Joyce Mocek
The Eleventh Circuit has held that an employer can lawfully require psychiatric/psychological fitness-for-duty evaluations if it has sufficient objective information to believe an employee is unstable and may pose a danger to others in the workplace. In …
The Reach of Georgia Apportionment Statute Continues to Expand
9/13/13
By: Stephanie Stewart
Georgia’s apportionment statute, O.C.G.A. § 51-12-33, has been making waves in the Georgia Court of Appeals and Georgia Supreme Court as new opinions are being issued interpreting the game-changing statute. Previous cases have already held that the …
E-Verify Ramps Up Enforcement
9/13/13
By: Kelly Eisenlohr-Moul
With E-Verify participation now mandatory for Georgia businesses with eleven or more employees, related federal enforcement activity has increased significantly.
Below are some of the enforcement trends that we have seen with regards to E-Verify usage:
…
Patients Not Following Medical Advice Can Lead To Medical Malpractice Liability
9/6/13
By: Scott Rees
Informed consent, or lack thereof, has long been a basis for medical malpractice claims. A new twist on that liability theory, “informed refusal,” is now starting to gain popularity in malpractice claims. Examples include a physician who …
FMLA Leave Must Now Be Made Available to Employees with Same-Sex Spouses
9/6/13
By David Cole
The sweeping effects of the Supreme Court’s decision in U.S. v. Windsor, in which it struck down the Defense of Marriage Act (“DOMA”) as unconstitutional, are coming into greater focus. Many employers may already be …
How Far Is Too Far When It Comes To Invasive Searches Of The Body?
9/4/13
By: Ali Sabzevari
A man in Tennessee was arrested for possession of 0.06 grams of marijuana. In custody, police suspected the man of concealing contraband inside of his body due to his constant fidgeting and attempts “to put his hands …