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Congratulations
to Matt Reeves for being chosen to be part of the 29th Class of Leadership Gwinnett!
Matt will soon join the number of attorneys at ATC that have graduated from the Leadership Gwinnett program over the years, with the skills to educate, equip, and engage in the community. Those attorneys include: Ethel Andersen, Tom Tate, Brad Carr, Kathleen Guy, Scott Duncan, Jim Joedecke, Pat McDonough, Don Swift, Brian Carmony and, most recently, Amy Bray.
With a strong history of creating a legacy of success in Gwinnett and metro Atlanta, the 29th class of Leadership Gwinnett is set to begin in August 2013 to drive positive change in the region. From the nearly 350 nominations received for the nine-month experience, Leadership Gwinnett alumni selected the final group of 42 based on work experience, accomplishments, community involvement, education and other information from their individual applications. The program year is comprised of two overnight retreats, seven learning days covering leadership in a world class community, infrastructure, economics, education, health & human services, justice and regional relations, as well as monthly study groups and other activities.
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Recently, a client approached us after losing his job as a cashier at a convenience store. He contended that he had been terminated over religious differences with his boss and coworkers. Our client was Hindu and his coworkers Muslim. As a result, he felt that he was routinely given the worst tasks of all of the staff, and ultimately, that he was fired for complaining about the discriminatory treatment.
This client relied heavily on his steady income and was suffering from its sudden loss. We agreed to pursue a claim of wrongful discharge based on religious discrimination under Title VII of the Civil Rights Act. In preparing a complaint and computing the damages to the client resulting from the loss of his job, we asked him more about his lost earnings – what was his hourly rate? how many hours did he work in a typical week? It became Immediately apparent that, not only had the client been unlawfully terminated, but, working 60 – 80 hour weeks at a “straight time” rate of $10.00/hr, he had not been paid overtime (or “time and a half”) for all hours in excess of 40/week in accordance with his rights under the Fair Labor Standards Act (“FLSA”). Suddenly, this client’s case became focused on the three years of unpaid overtime to which he was entitled – a clear, easily calculated claim which was not dependent upon proving the discriminatory mindset of the employer.
Once an overtime violation is alleged by an employee, the burden shifts to the employer to disprove the entitlement to overtime and/or back pay. For that reason, FLSA allegations are notoriously difficult to disprove, and such wage and hour claims allow the plaintiff to seek back pay, front pay, attorney’s fees and liquidated damages.
In our client’s case, the violations were so blatant (the pay records, of which our client had copies, clearly showed up to 80 hours of work per week paid at a straight time rate) and serious (thousands of hours of underpaid overtime), that the claim was settled within two weeks and before a complaint was even filed. The resulting settlement to our client was substantial.
Employers provide slam-dunk FLSA cases for disgruntled employees when they
- fail to pay 1.5x the “regular rate of pay” for all hours worked in excess of 40 per week;
- incorrectly calculate of “regular rate of pay” (which is more complicated than it sounds);
- use “comp time” in lieu of overtime;
- incorrectly classify employees as “exempt” (“exempt” means more than just “salaried and/or responsible”);
- make automatic deductions from pay for meals and breaks;
- permit, or require, “off the clock” work of any description;
- make deductions from pay for the cost of uniforms, damage to property, loss of property, violations of rules/policies;
- retaliate against an employee who complains of FLSA violations.
Employees who feel that their FLSA rights may have been violated should compile good records of their hours worked and pay received for the previous three years, before speaking to an employment lawyer. Employers should be proactive in consulting an employment lawyer to confirm they are complying with the FLSA.
Jim Joedecke, Liz Clack-Freeman and Eadaoin Waller represent both employees and employers regarding compliance with Title VII, FLSA and in other areas. By not limiting their practices to “one side,” they have a unique perspective to “both sides” of a claim or potential danger zone.
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Andersen, Tate & Carr is a proud to be a sponsor for the Georgia Lenders Quality Circle
2013 Small Business Week Awards Luncheon
Thursday, May 23, 2013
11:30 – 2 pm
Villa Christina
400 Summit Boulevard
Atlanta, Georgia
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official logo of the American Cancer Society Relay For Life (Photo credit: Wikipedia)
Join us today, April 25th, 2013 for our annual “Kickin’ Cancer Cookout“
to raise funds for the Gwinnett County Relay for Life!
the cookout will be at One Sugarloaf Centre
1960 Satellite Blvd.
Duluth, Georgia 30097
from 11:30am to 1:30pm
Your $10 donation includes: hamburger/veggie burger or 2 hot dogs, chips, a side item, a dessert, and a drink.
ALL proceeds go to the American Cancer Society.
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On March 21, 2013, thanks to the efforts of Tom Tate and other members of the defense team a federal judge in Louisiana decertified a class of plaintiffs who accuse Viking Range Corp. and its distributors of making slipshod appliances in order to create opportunities for repair work, finding the group of products being labeled defective was overly broad and could not be shoehorned into a single case.
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Here are some scenarios that we hear about frequently: “I know my employee is taking prescription pain medication (after his surgery/because of a rumor I’ve heard/because he told me he was). I’m concerned about his performance/attendance/ability to drive a company vehicle or operate machinery”. This scenario leads to these questions: “Can we test him for prescription drugs?” “Can we require him to stop taking prescription meds that interfere with his job or present a threat to the company or its employees?” “Can we terminate him for poor performance/attendance, even though we know that it is a result of his medication?”
This is a really sticky area of the law. There is an employer movement towards testing for certain prescription drugs that have workplace safety implications (painkiller narcotics being the primary example), most notably amongst employers with high rates of on-the-job injuries. EEOC v. Dura Automotive Systems, an important case on this topic, was settled in September 2012, with Dura Automotive agreeing to pay $750,000 as a penalty for its blanket testing and termination of auto workers taking certain prescription medicines. The outcome indicates, however, that prescription drug testing is permitted in limited circumstances. Across-the-board testing for prescription drugs is not permitted, but testing for certain prescription drugs is permitted in positions where those drugs may impact safety. Even for safety-sensitive positions, employers should not have blanket rules prohibiting employees from using certain prescription medications (even for safety reasons). Each individual’s circumstances and performance should be assessed in light of the Americans with Disabilities Act, and employers should avoid making assumptions about any prescription medication.
Talk to an employment lawyer before implementing a substance abuse policy or testing program which involves prescription drugs, and before taking any employment action involving a prescription drug issue. With careful handling, you can address legitimate safety and performance issues while avoiding the fate of Dura Automotive.
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You may, as long as you include this complete bio with it:
Eadaoin Waller is a Georgia attorney, focusing her practice in corporate law.
Her firm, Andersen, Tate & Carr, P.C., works with all manner of clients in business and personal matters, providing “big firm” sophistication with suburban law firm attention and service.
Website: www.atclawfirm.com
Blog: www.andersentatecarr.wordpress.com
Copyright © 2013 Eadaoin Waller & Andersen, Tate & Carr, P.C.
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Today we welcome Kellie Claflin as our new firm manager. Kellie brings with her a wealth of experience as a firm manager. Her experience does not end there, having worked as a paralegal and support in a commercial real estate department. Kellie is a native of Gwinnett and a graduate of Berkmar High School.
Welcome Kellie! We are excited to have you join us!
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ATC gives thanks to Carolyn Rogers, our firm manager for over a decade, as she retires. We appreciate all of her support and dedication over the years.
Carolyn, all our best to you and your family!
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Today marks the 25th anniversary of Andersen, Tate & Carr, P.C.
Originally founded as Thomas J. Andersen, P.C. in March of 1988 the firm has grown and evolved over the years, increasing in specialization while always maintaining a high standard of professionalism and work product. Tom, Ethel Andersen, and Terri Tesler (Tom’s paralegal) can all boast of having been here from the start, with Tom Tate joining after the first months of the firm’s existence.
For more on the firm, please visit our website at http://www.atclawfirm.com/.
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Congratulations to our own Tom Andersen, Tom Tate, Jim Joedecke, Amy Bray, and Liz Clack-Freeman for making the 2013 SuperLawyers list for the State of Georgia. Matt Reeves and Trinity Hundredmark made the SuperLawyers “Rising Stars” list for 2013 as well.
Tom Andersen made the list of Georgia real estate lawyers for SuperLawyers for the seventh time. Tom is the head of our commercial real estate and banking group. His practice focus is on commercial real estate, finance, and banking.
Tom Tate made the list of Georgia SuperLawyers in business litigation. Tom is the head of our litigation department and has a focus in business, eminent domain, intellectual property and title insurance-related disputes. This is Tom’s fifth time being named to this prestigious list of Georgia lawyers.
Jim Joedecke made the list for business litigation SuperLawyers for the first time this year. His practice is focused in the areas of contract and business litigation, franchising litigation, condemnation and real estate litigation, bankruptcy, tax appeals and landlord/tenant disputes. Mr. Joedecke represents a variety of businesses and individuals in trial and appellate litigation around the country, as well as before local government boards and agencies, and in mediation and arbitration.
Amy H. Bray is making her first appearance on the Georgia real estate SuperLawyer list, after being named five times as a real estate “Rising Star”. She is a partner in our commercial real estate and banking group and focuses on community association law. Her practice includes representing all parties that may be involved in a community association, from developers, lenders, associations, to home owners and even the mediation of community association related cases.
Liz Clack-Freeman is making her first appearance on the SuperLaywer list of litigators. Ms. Clack-Freeman has a business and commercial litigation practice focused primarily in the areas of employment law, intellectual property and contract disputes in both federal court and state courts. Ms. Clack-Freeman’s employment practice includes not only litigation matters, but also includes preventative counseling and the drafting and reviewing of employment related documents including employee handbooks, employment agreements, severance agreements, restrictive covenant agreements, confidentiality agreements and other documents related to employment practice and procedure.
This year Matt Reeves and Trinity Hundredmark, both in our litigation department, made appearances on the SuperLawyer Rising Star list.
Matt Reeves has been named to the “Rising Stars” list for the first time. His practice covers a wide range of matters within the areas of real estate litigation, commercial and banking litigation, and probate litigation, including representing private property owners and business owners in eminent domain matters.
Trinity Hundredmark has been named to the list for the second time. She focuses her practice in criminal and family law matters. She counsels and advises clients on a variety of divorce and custody related issues. Ms. Hundredmark’s criminal practice includes both state and federal white-collar and general criminal defense. Ms. Hundredmark is also certified in DUI Detection and Standardized Field Sobriety Testing.
GASLRS13_Andersen pdf
Related Articles:
http://andersentatecarr.wordpress.com/2010/02/25/2010-superlawyer-accolades-for-atc/
http://andersentatecarr.wordpress.com/2011/02/24/2011-superlawyer-accolades-for-atc-attorneys/
http://andersentatecarr.wordpress.com/2012/02/18/2012-superlawyer-accolates-for-atc-attorneys/
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to Matt Reeves for being chosen to be part of the 29th Class of Leadership Gwinnett!
