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October 2011 Archives

Breach of contract, corporate prevention lawsuit issues settled

Contract disputes in Georgia can come in all shapes and sizes. Some involve wage and hour claims, while others may involve disputes about overtime pay or a perceived violation of the Fair Labor Standards Act. Sometimes an employer comes to a determination that it must part ways with an employee, and that decision can be complicated by the fact that customers of the company identify the employee with the employer. These decisions require a balancing act between honoring the terms of any written contract, honoring legal obligations as an employer and also mollifying a public that is wondering what the heck is going on.

Commercial litigation likely in plaza and parking garage dispute

Georgia business owners who are involved in businesses related to plaza developments or structures may be interested in an Indiana case involving a plaza and a parking garage. A dispute that now includes threats of business litigation has erupted between an Indianapolis based realty group and a parking garage owner. The realty group owns the pedestrian plaza, and the plaza has been closed down due to issues with the parking garage underneath the plaza.

Increased wage and hour law scrutinize businesses

In a move that could ultimately have implications for Georgia businesses, the IRS and Labor Department have begun a program of sharing information to help identify businesses that are in violation of employment law. The government seeks to aggressively pursue those in violation of wage and hour law, particularly ones that are accused of cheating workers out of wages. A primary concern is businesses that mischaracterize workers as independent contractors to avoid minimum wage and overtime rules.

Business Litigation as SEC appeals dismissal

In recent business litigation action, the SEC (Securities and Exchange Commission) has sought to appeal the decision of the U.S. District Court, Northern District of Georgia (Atlanta). The appeal is based on the court's decision to dismiss the securities fraud suit brought against Morgan Keegan and Co. The SEC alleges the Regions Financial Corporation unit willfully misled its investors who lost billions of dollars since the market collapse of 2008.

Restaurant violates wage and hour law

For the most part, people do not intentionally take advantage of those that are too young or inexperienced to know better. However, everyone makes mistakes now and again. This may be the situation for a Georgia chain of restaurants that was found to have violated the Fair Labor Standards Act. Its wage and hour laws have deemed that the restaurant in question has violated various provisions.

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Robert Kaufman has been selected as a 2013 Top Rated Lawyer in ‘Commercial Litigation’ as will be published in the May issue of The American Lawyer & Corporate Counsel magazine.Alex Kaufman has been selected as a 2013 Top Rated Lawyer in ‘Commercial Litigation’ as will be published in the December issue of The American Lawyer & Corporate Counsel magazine.

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