Business/Government Litigation Archives - Page 2 of 6 - Parks Chesin & Walbert
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I Need to Take Medical Leave: What Should I Do?

It isn’t always easy to juggle work and family life. If you or a loved one need to request medical leave you and your employer must follow the provisions set forth in the Family and Medical Leave Act. The Family and Medical Leave Act allows employees who are eligible to take unpaid leave from work to care for their family members or to attend to their own medical needs. Only eligible employees are entitled to take this leave. Twelve workweeks of leave within a twelve month period are permitted for the following purposes: the birth of a child/care for a newborn within his or her first year, the placement of a child for adoption or foster care, to look after a spouse, child or parent who is suffering from a serious health problem, any health condition that negatively impacts an employee’s ability to perform his or her job, as well as any other qualifying health reason arising from military duty.

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Can I Be Forced to Pay for a Work-Related Educational Event?

The labor exchange involves trading time and skill for money. Employers are all fully aware that they are required to properly pay their workers for all of the hours they work (as is clearly laid down in the Fair Labor Standards Act 1938). Laws have established a minimum wage and record-keeping requirements. The Fair Labor Standards Act also specifically requires that employees must be fully compensated for time that the employer controls and by which he or she benefits.

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Working for the Government: Discrimination Laws

Workers usually begin their jobs with hope that their relationship with their employer will be long lasting, positive, and fruitful. It is an unfortunate fact that this does not always end up being the case. Employment discrimination, at its most fundamental level, is bias against an individual or group because of their national origin, race, religion, gender or disability. Employment discrimination affects everyone—even those working in the public sector. Now employees in the public sector working for bodies that perform public services (such as the fire service or police) enjoy extra protection and rights.

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Court Rules Business Trade Names May Be Misappropriated In Georgia

The invasion of privacy doctrine of misappropriation was recently expanded significantly in a decision by the Georgia Court of Appeals. In Shiho Seki v. Groupon, Inc., the court held that a business could maintain a claim for misappropriation of trade name, the first instance in which a Georgia court has allowed an entity other than an individual to pursue such a claim. 775 S.E. 2d 776 (Ga. Ct. App. 2015).

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Court of Appeals Allows Enforcement Against State of Terms Outside Written Contract

The Georgia Court of Appeals continued its clarification of the Sovereign Immunity doctrine in the recent decision of RTT Associates, Inc. v. Georgia Dep’t of Labor, 2015 WL 4231879 (Ga. Ct. App. July 14, 2015).   In RTT Associates, the Georgia Department of Labor (the “Department”) entered into a written contract with RTT pursuant to which RTT would develop software for the Department.

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Court of Appeals Clarifies Damages Required for Breach of Fiduciary Duty Claim

The Court of Appeals held that dismissal of a law firm’s breach of fiduciary duty claim against a former managing member was unwarranted, even though the law firm failed to demonstrate it incurred damages or that the managing member obtained a benefit from his independent marketing activities. Helms & Greene, LLC v. Willis, No. A15A0361 (2015). Kirk Willis (“Willis”) was the former managing member of the Dallas, Texas office of Helms & Greene, LLC (“the law firm”) who eventually left the firm to start his own practice. While he was at the law firm, Willis was also marketing his own practice.

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Court of Appeals Clarifies Procedural Hurdles To Whistleblower Protection Under TPFCA

The Court of Appeals recently explored the procedural and immunity implications of the Taxpayer Protection and False Claims Act (TPFCA) with respect to state universities and their officers and employees. In Fuciarelli v. McKinney, No. A15A0223, 2015 WL 4313845 (Ga. Ct. App. July 16, 2015), the Court held that a state university and its officers and employees – as public employees – are entitled to sovereign immunity in their official capacities when sued under the TPFCA. On the other hand, the Court clarified that a public employee is not required to obtain approval from the Attorney General before filing a retaliation suit under the TPFCA against other public employees in their individual capacities.

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