Different Severance Pay May Be Unlawful Discrimination
4/1/12
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 …
Six Steps to Stop FLSA Cases that are Plaguing Employers
2/1/12
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 …
Opportunities and Risks for Contractors in a Rebounding Economy
2/1/12
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 …
Is $25 Billion Enough to Cure the Mortgage Crisis?
2/1/12
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 …
Over There, But Still Here–U.S. Employment Laws in the Global Workplace
2/1/12
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 …
Ticking Time Bomb: Defusing the Ineffective Litigation Hold Letter
2/1/12
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 …
Another Risk of Using Independent Contractors – Workers’ Compensation Laws
1/1/12
By Bart Gary and Leanne Prybylski
Many businesses see the use of independent contractors as a way to circumvent laws applicable to employees, such as wage and hour laws, withholding of taxes and FICA and employee benefits. Frequently, the benefits …
Georgia May Join Minority View of Assignability of Legal Malpractice Claims
1/1/12
By Dana Maine
Georgia may be on its way to joining the minority of states holding that, under some circumstances, legal malpractice claims can be assigned. In a case of first impression, the Georgia Court of Appeals held in Villanueva …
The Rise of Retaliation and Whistleblower Claims
1/1/12
By Ben Mathis and Anthony Del Rio
Retaliation claims against employers are on the rise, and all employers must be cognizant of the increased legal risk of such claims. In 2010, for the first time ever, retaliation surpassed race discrimination …
Supreme Court of Georgia Agrees to Revisit the Late Notice Defense in Insurance Coverage Cases
11/1/11
By Phil Savrin
Matt Hoover sustained a serious brain injury in October 2006 when he fell from a ladder while climbing down from the roof at a residence. He was at the residence because a supervisor at the water extraction …
Can Contractors Be Strictly Liable For Defective Products Used In Construction?
10/1/11
By Kamy Molavi
Suppose a contractor installs a fire protection system that had a faulty design or was manufactured with a defective component, such as a sprinkler head. Can the contractor be liable to the end user? The answer is …
Georgia Supreme Court Holds Non-Lawyers May Not File Garnishment Answers
10/1/11
By Amy Combs Bender
Employers in Georgia often receive court orders directing them to garnish wages of their employees for child support orders, judgments in a prior court proceeding, and other unpaid debts. By way of background, Georgia has statutes …