FMG Cyber Toolkit Now Available to Help Prevent Data Breaches and Reduce Costs
7/31/15
By: David Cole
FMG is pleased to announce the availability of a new FMG Data Breach Toolkit. The toolkit consists of policy and form documents intended to provide your organization with everything it needs from a document standpoint to help …
And the Hits Keep Coming for Fiat Chrysler America
7/27/15
By: Wayne S. Melnick
In March, Fiat Chrysler America (“FCA”) was hit with one of the largest tort verdicts in Georgia history when a Decatur County jury found it 99% liable for the death of a four-year-old that was burned …
Court of Appeals Explains the Limits of Penalties for Violations of Georgia’s Open Meetings Act
7/27/15
By: Kevin Stone
Earlier this week, in Gravitt v. Olens, 2015 WL 4314382, the Georgia Court of Appeals clarified several provisions of Georgia’s Open Meetings Act (“OMA”). In Gravitt, during a meeting of the Cumming City Council, a …
Third Circuit Expands FMLA Requirements for Employers: Employee Must Have Opportunity to Cure Invalid Medical Leave Certification
7/24/15
By: Barry Brownstein
A recent decision from the Third Circuit expands FMLA requirements, by declaring that employers who receive a medical leave certification from an employee that is vague, ambiguous, and non-responsive, are required to:
(1) inform the employee that …
EEOC Decides Sex Discrimination Protection Includes Sexual Orientation
7/24/15
By: Amanda K. 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 …
California’s Paid Sick Leave Law – A New Headache for California Employers
7/22/15
By: Kacie L. Manisco
California’s newly enacted Healthy Workplaces, Healthy Families Act of 2014 (HWHFA) can be added to the lengthy list of laws creating major headaches for California employers. The statute, which requires virtually all California employers to provide …
FCC Issues TCPA Declaratory Ruling and Order
7/20/15
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 …
Franchisor: Enforce the Agreement or be On the Hook
7/17/15
By: Jeff Grate
Recently, in defending a franchisor allegedly responsible for the negligence of its franchisee, an interesting issue arose out of the denial of the franchisor’s motion for summary judgment. Before preparing our motion, we understood the existing case …
NLRB Focus on Employee Handbooks of Employers
7/17/15
By: Joyce M. Mocek
Over the last several months, the National Labor Relations Board (NLRB) has targeted employee handbooks and policies of both union and non-union employers, determining that their policies and procedures constitute “unfair labor practices.” The NLRB continues …
Georgia Utility Update – July 2015
7/13/15
Hearing in Vogtle Review Provides New Information on Project’s Cost
By: Bobby Baker
At the June 23rd hearing on the 12th Vogtle Construction Monitoring Review the Public Service Commission (“PSC”) Staff expert witnesses provided new information regarding the …
Official Immunity: Recent Georgia Supreme Court decision reaffirms need for specific directives before finding ministerial duty for public officers
7/10/15
By: Chuck Reed, Jr.
Last week, in Eshleman v. Key, 2015 WL 3936075 (June 29, 2015), the Georgia Supreme Court reversed the Court of Appeals’ denial of official immunity for an off-duty police officer whose police dog escaped from …
The California Employers’ Eroding Leverage in Employment Litigation
7/6/15
By: Lisa Gorman
On May 4, 2015, the California Supreme Court chipped away, yet again, at the small amount of leverage employers had when facing meritless employment lawsuits. Prior to the California Supreme Court’s ruling in Winn Williams v. Chino …