By Ben Mathis and Amy Combs Bender
For several years, Congress has attempted to pass legislation to regulate the misclassification of workers as “independent contractors.” The latest effort is the Employee Misclassification Prevention Act, which was introduced in April and seeks to amend the Fair Labor Standards Act (“FLSA”) to penalize employers who misclassify employees as independent contractors.
By Ted Freeman and Michelle Youngblood Terry
The Georgia Supreme Court recently adopted the federal Daubert standard for admissibility of expert testimony. In doing so, the Court finally provides trial judges with sorely needed guidance on their “gatekeeping” function of preventing jury decisions based on “junk” science or other unreliable expert opinions. This is good news for all defendants.
By Mary Anne Ackourey and Bill Buechner
The Eleventh Circuit expanded the circumstances under which a school district may be held liable for sexual harassment under Title IX. In Doe v. School Board of Broward County, Fla., a high school student alleged that her math teacher sexually assaulted her in the classroom and further alleged that the sexual assault was the result of the school district’s deliberate indifference to actual notice of previous incidents of sexual harassment by the teacher.