The Dash to the End of the Session
By Bobby Baker The legislative crossover day (Day 30) has come and gone with some interesting results regarding what bills are still alive and those that aren’t. With less than 10 days left on the legislative calendar, Sine Die is scheduled for April 14, and there is a lot left to be done.
Georgia Supreme Court Broadens Definition of “Occurrence” in CGL Policies
By Phil Savrin and Leanne Prybylski In a decision issued March 7, 2011, the Supreme Court of Georgia ruled that the term “occurrence” as used in commercial general liability (CGL) policies is satisfied where the loss is unintended even if the insured acted intentionally. Prior to this ruling, Georgia courts were divided on whether the…
Supreme Court Expands Retaliation Protection for Wage Complaints
By Mary Anne Ackourey In Kasten vs. Saint-Gobain Performance Plastics Corp., the United States Supreme Court has prohibited employer retaliation against employees who make oral complaints of violations of the Fair Labor Standards Act (FLSA). The FLSA sets employment rules concerning minimum wages, maximum hours, and overtime pay and includes an anti-retaliation provision that protects employees…
Supreme Court Clarifies "Cats Paw" Liability for Discrimination Claims
By Ben Mathis and Jonathan Kandel The U.S. Supreme Court has issued a decision that could leave employers liable for discrimination even if the ultimate decisionmaker has no discriminatory animus. The Court held that an employer can be liable based on the discriminatory animus of an employee who influences, but does not make, the ultimate employment decision.
Outside Sales Employees – Are You Paying Them In Compliance With The FLSA?
By Brad Adler Employers often are warned about the significant dangers associated with misclassifying workers for purposes of avoiding overtime under the “white collar” exemptions, such as the administrative, executive and professional exemptions. There is, however, another exemption to the requirement to pay overtime that frequently leads to misclassification under the Fair Labor Standards Act…
Sanctions for E-Discovery Violations Increase: What Can Be Done Now?
By Sun Choy and David Cole In 2006, substantial amendments were made to the Federal Rules of Civil Procedure “to secure the just, speedy, and inexpensive determination” of discovery disputes involving electronically stored information. Ironically, however, it appears that the amendments have had the opposite effect. According to a recent study published in the Duke…
Defaults in Construction: Managing Discord and Divorce
By Kamy Molavi What should you do when a company is not performing as required in a construction contract? The consequences of this decision are significant, and it merits careful consideration. The wrong decision can lead to the foreclosure of options and remedies otherwise available, and in the worst case, may result in significant liability. …
Georgia Legislative Session at Mid-Point
By Bobby Baker The Georgia General Assembly has now passed the halfway point of its Legislative Session and the issues of immigration, water and tax reform still dominate the session. On February 24 the Senate approved (46-4) the amended state budget of $18 billion for the remainder of FY 2011. The supplemental budget cut most state…
The Budget, Immigration and Water Policy Dominate Early Session
By Bobby Baker Yesterday marked Day 7 for the 2011 Georgia Legislative Session. While the state budget and taxation reform will dominate this Session, immigration legislation and water policy will have a long-term impact on all Georgia businesses.