Are Changes to Overtime Law Coming?

Earlier this month, the Department of Labor announced a proposed rule that would extend overtime protection to an estimated 5 million white collar workers with the first year of implementation. The “white collar” exemption currently provides that employees who meet certain minimum tests related to their primary job duties and are paid on a salary basis at not less than $455 a week, or $23,660 for a full-year worker. The rule proposed by the Department of Labor would increase the salary level to $921 a week, or $47,892 for a full-year worker. Needless to say, this proposed rule could dramatic change the landscape of overtime compensation and could impose significant liability on employers.

Georgia Courts Reinforce Contract Principles

The Georgia Court of Appeals reinforced contract principles by denying rescission of a contract when the plaintiff failed to read the contract, and if they had, they would have been aware of a potential clause against any verbal representation. Further, the only type of fraud that can relieve a party of his obligation to read a written contract and be bound by the terms is a fraud that prevents the party from reading the contract. In Legacy Academy, Inc. v. Mamilove, LLC (A14A0718., July 16, 2014), Mamilove bought a daycare franchise from Legacy in hopes of receiving a large profit. In their rush to earn their profits, Mamilove blindly signed the franchise agreement, however, when the pr

Clarity Relating to Spoliation in Medical Malpractice

The Court of Appeals recently provided clarity relating to spoliation of evidence in a medical malpractice case. To meet the standard for proving spoliation, an injured party must show that the alleged tortfeasor was put on notice that the party was contemplating litigation, not just notice of potential liability. This is a key difference in the medical field because this allows medical equipment to be replaced when a doctor only has notice of potential liability. Under this standard, the doctor would not be subject to penalties relating to spoliation. In Hand vs. South GA Urology Ctr, P.C. (A14A1854) (March 16, 2015), plaintiff sued a urologist and his practice group for malpractice, all

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