Can an Employer Be Liable For Overtime When an Employee Knowingly Under-reports Hours?

According to the Eleventh Circuit...Yes! In a recent decision by the Eleventh Circuit, the Court held that employers cannot successfully assert equitable defenses and avoid liability – even when the employee knowingly violated company policies by working “off the court” and submitted inaccurate time records – where there is evidence that the employee’s supervisor both knew that the employee was working “off the clock” and edited down the employee’s timecards. In Bailey v. TitleMax, 2015 WL 178346 (11th Cir. 2015), the Eleventh Circuit rejected the employer’s argument that it should not be liable for unpaid overtime based on an employee’s wrongdoing. In Bailey, the plaintiff filed suit seekin

Federal Judge Rules Apportionment Statute May Broaden Scope of Discovery

In Post-Confirmation Committee for Small Loans, Inc. v. Martin, 2014 WL 5901492 (M.D.Ga.), a motion to compel discovery filed by the defendants sought to compel the plaintiff to produce the identity of, and discoverable information with respect to, any person or entity that is not a party to this suit but whose conduct the plaintiff contends contributed to the injury or damages associated with the various breach-of-fiduciary-duty claims alleged in the plaintiff’s complaint. Specifically, the defendants sought disclosure of the identities of “certain professionals” involved in the debtors’ loss. Plaintiff alleged in the complaint that the defendants’ looting of the debtors’ assets, “as well a

District Court Rules Georgia Apportionment Statute Alters Standards on Negligent Hiring and Retentio

In Little v. McClure, 2014 WL 4276118 (M.D.Ga.), the defendant argued it was entitled to summary judgment on the plaintiffs’ negligent hiring, retention, and training claims because it had admitted that the driver was its employee and that he was acting within the course and scope of his employment at the time of the collision. Georgia cases have held an employer is entitled to summary judgment on its independent negligence in hiring and retaining an employee when it admits the applicability of respondeat superior. An exception exists if there is a valid claim for punitive damages against the employer. The plaintiffs argued that this rule is no longer applicable due to Georgia’s abolishment

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