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 …
Should We Have Seen This Coming? Supreme Court of Georgia: Duty to Preserve is Triggered by Constructive Notice of Anticipated Litigation
7/6/15
By: E. Andrew Treese
It has been clear for some time that a duty to preserve evidence is triggered by actual notice of pending or contemplated litigation. Last week the Supreme Court of Georgia held that the duty is also …
FCC Announces New TCPA Declaratory Rulings
6/26/15
By: Matthew N. Foree
Last week, the Federal Communications Commission (FCC) announced in a press release that it issued a package of declaratory rulings regarding the Telephone Consumer Protection Act (TCPA). The FCC declared that it “adopted a proposal to …
Uber Suffers Another Setback In Defending Classification Of Its Drivers As Independent Contractors
6/26/15
By: William H. Buechner, Jr.
Uber, an extraordinarily successful and technology-driven transportation company, has suffered another setback in its attempt to fend off legal challenges to its practice of classifying its drivers as independent contractors rather than employees. The final …
Did the Georgia Supreme Court Open the Door for a Personal Injury Defendant to Challenge the Reasonableness of a Plaintiff’s Medical Bills?
6/24/15
By: Abby A. Vineyard
Last week, the Georgia Supreme Court held that, where a lawsuit involves a question as to the validity of a hospital lien for charges for a patient’s care, the patient challenging the reasonableness of the charges …