Different Severance Pay May Be Unlawful Discrimination
By Mary Anne Ackourey and Anthony Del Rio Individuals offered less favorable severance packages than others in similar positions can sue for discrimination under Title VII, according to Karla Gerner v. County of Chesterfield, Va., a new decision by the United States Court of Appeals for the Fourth Circuit.
Hospital Lien and Apportionment Issues Decided by Georgia Courts
By Matt Stone The Georgia appellate courts handed down two important decisions last week. On March 20, 2012, the Court of Appeals issued an opinion holding that an insurer can create a “safe harbor” where a plaintiff who sends a time-limited settlement demand trying to set-up a bad faith claim unreasonably refuses to assure satisfaction of…
Court Invalidates Portions of NLRB Notice Posting Rule
By Ben Mathis and La’Vonda McLean After several postponements, the National Labor Relations Board (“NLRB”) was moving forward with its posting requirements (“Notification of Employee Rights Under the National Labor Relations Act”), regarding employee union rights with a compliance date of April 30, 2012.
Georgia Utility Update
By Robert Baker Commission Approves 3.2% Increase in Georgia Power Base Rates At its March 20, 2012, Administrative Session the Georgia Public Service Commission approved Georgia Power Company’s base rate increase for all customers. The average tariff increase is 3.2% and will be included in the April billing. The base rate increase was due to the…
Six Steps to Stop FLSA Cases that are Plaguing Employers
By Ben Mathis The dramatic growth of cases alleging employees did not receive all payments due under the Fair Labor Standards Act (FLSA) continues to show no signs of slowing. The number of FLSA cases has more than tripled in the last 5 years. In Georgia, the increase is even more dramatic with over a…
Opportunities and Risks for Contractors in a Rebounding Economy
By Kamy Molavi Despite periodic reports of Europe’s progress in dealing with the Greek sovereign debt debacle, neither Greece nor other (and larger) European economies are out of the woods, and the continent may be on the verge of another recession. And there is alarming, but potentially contradictory, news regarding a slow-down in the Chinese economy…
Is $25 Billion Enough to Cure the Mortgage Crisis?
By Stephanie Stewart On January 23, 2012, state attorneys general from across the country received the draft of a proposed $25 billion settlement agreement with the nation’s largest banks that would substantially restructure foreclosure and mortgage services practices. The five biggestU.S.mortgage lenders – Bank of America, JPMorgan Chase, Wells Fargo, Citibank, and Ally Financial –…
Over There, But Still Here–U.S. Employment Laws in the Global Workplace
By Mary Anne Ackourey and La’Vonda McLean The globalization of American business activities has resulted in employers increasing the number of employees they place on international assignments. This presents a unique challenge regarding the applicability of United States employment laws to employees in a foreign workplace.
Ticking Time Bomb: Defusing the Ineffective Litigation Hold Letter
By Sun Choy and David Cole The pitfalls of e-discovery are real. The failure to preserve electronically stored information after receiving notice of litigation or once litigation becomes reasonably foreseeable may have serious consequences, including costly and potentially devastating sanctions on both parties and their counsel. According to a study published in the Duke Law…