Amy H. Bray, Esq., partner at Andersen, Tate & Carr, P.C., has been granted membership in the College of Community Association Lawyers (CCAL)—of fewer than 150 attorneys nationwide to be admitted to the prestigious organization. Members of the College are among the most respected community association attorneys in the country.
CCAL was established in 1993 by Community Associations Institute (CAI), with membership consisting of attorneys who have distinguished themselves through contributions to the evolution and practice of community association law. CCAL members are also recognized for committing themselves to high standards of professional and ethical conduct.
Ms. Bray’s practice focuses on real estate, encompassing both commercial and residential closings and extensive experience in community association law. She is also an experienced mediator, who applies her knowledge to the practical and efficient settlement of real estate-related disputes.
Celebrating its 25th anniversary, Andersen, Tate & Carr, P.C. was founded in 1988. In that time the firm has grown from two to almost thirty attorneys and over sixty employees, making it the largest business law firm in Gwinnett County. The firm’s roots in Gwinnett County reach back much further; however, as some of its attorneys have practiced here since the mid-1970s. Andersen, Tate & Carr has become one of the preeminent law firms in suburban Atlanta by offering unparalleled legal representation in a wide variety of practice areas, such as real estate and banking, corporate and business transactions, civil litigation, land use and development, estate planning, criminal defense, and family law.
CCAL provides a forum for the exchange of information among experienced legal professionals working for the advancement of community association governance. Its goals include promoting high standards of professional and ethical responsibility, improving and advancing community association law and practice, and facilitating the development of educational materials and programming pertaining to legal issues.
CAI is a national membership organization dedicated to helping homeowner and condominium associations meet the expectations of their residents. The organization accomplishes this mission by providing information, tools and resources to homeowner volunteer leaders and community managers who govern and manage common-interest communities. By helping its members learn, excel and achieve, CAI strengthens the governance and management of community associations throughout the country, making them better places to live.
More than 62 million Americans live in an estimated 325,000 homeowner and condominium associations, cooperatives and other planned communities.
On November 15, 2013, Thomas J. Andersen, founder of Andersen, Tate & Carr, P.C. was recognized for his over 25-year history of community involvement by Partnership Gwinnett with their “Influence” award at their Partnership Gwinnett Summit. the Influence award honors extraordinary companies and individuals that have made an impact in the community through volunteerism or organizational participation The award acknowledged Tom for leading a company culture that emphasizes community involvement and investment in Gwinnett County, and his personal and professional participation in numerous community boards including the Gwinnett Chamber, the Georgia Gwinnett College Foundation, the Gwinnett Children’s Shelter, and the Gwinnett Medical Center Hospital Foundation.
The PG Summit is an annual event that provides a comprehensive review of the successes of the Partnership Gwinnett initiative achieved in the past year and unveils the initiatives’ Annual Report on job growth, education, quality of life and entrepreneurship. The 2013 Summit featured local, regional and national business leaders, and was held at the Gwinnett Technical College
Our project was to help transform the courtyard landscaping at the Gwinnett Extended Care facility in Lawrenceville. We assisted with tilling and de-weeding the beds around the perimeter of the courtyard, to make healthy planting areas for a new herb and vegetable garden. We also planted some berry bushes and olive trees. We turned the soil with top soil and other nutrients during the preparation phase. Once all the plantings were in, we covered and mulched the beds, and gave them all a good watering.
It was such a beautiful day for this kind of work, and the facility residents were so happy to see the new courtyard plantings. They also enjoy bird watching and they have many butterfly bushes so they can enjoy the variety of butterflies in the area.
Just a wonderful day, doing good deeds for some very special people. Many thanks to Mary Jane O’Neal for organizing the event for the firm, and to Tom Tate, Melanie O’Dowd, Jenn Leyes, Vea Scollan, Liz Clack-Freeman, Tyler Dillard, and Gray Brantley for putting so much hard work in!
Thomas J. Andersen was recently selected by his peers for inclusion in The Best Lawyers in America® 2014 in the field of real estate (Copyright 2013 by Woodward/White, Inc., of Aiken, S.C.).
Since its inception in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which more than 39,000 leading attorneys cast almost 3.1 million votes on the legal abilities of other lawyers in their practice areas, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”
Andersen, Tate & Carr, P.C. is proud to announce that Patrick J. McDonough has appeared on CNN’s Headline News and become one of their go-to legal analysts. He has been asked to provide legal insight into criminal cases that stretch across the United States. While on Now in America McDonough explained why the North Carolina Court of Appeals granted Brad Cooper’s motion for a new trial after a jury had found him guilty of murdering his wife. McDonough spoke on how the trial court had abused its discretion by not allowing the Defense to put up key expert witnesses during Cooper’s trial. During another segment of Now in America Mr. McDonough explained why the District Attorney in Bakersfield, California did not formally charge the popular elementary school principal with her husband’s recent murder. McDonough detailed the lack of evidence the police had ascertained at this point in the investigation.
To view a clip of Mr. McDonough’s commentary, please click below:
Now in America
Janet completed the Human Resource Management certificate program at The
UGA Center for Continuing Education this summer.
Janet is a paralegal in our Commercial Real Estate Department.
The chair-elect of the American Bar Association Section of Real Property, Trust and Estate Law has appointed Amy Bray, a partner in our commercial real estate department, to serve as the Vice Chair of the Commercial Real Estate Transactions Group for the 2013-2014 bar year. Ms. Bray has also been appointed to serve as a member of the Section’s Communications committee for the 2013-2014 bar year.
Ms. Bray previously served as the vice chair and then, most recently, chair of the Easements, Covenants, and Restrictions committee.
These appointments help to carry out the substantive work of the Real Property, Trust and Estate Law Section.
Andersen, Tate & Carr is proud to announce that Tom Tate, Senior Partner, has been chosen to serve as the incoming Chairman of the Gwinnett Advisory Board for the Metro Atlanta United Way. Tom comes from a long history of leadership roles with United Way and is committed to its continued success.
We are also excited to announce that Marian Adeimy, a Litigation Associate with the firm, has been chosen to serve as a Board Member for the Metro Atlanta United Way’s Young Professionals Leaders Advisory Council. The YPL Council serves to promote and advise on all issues affecting United Way’s four areas of focus: education, health, income, and homelessness. Each Board Member will also serve on a special committee created to focus on fundraising in those four areas.
Through the Metro Atlanta United Way, ATC seeks to promote community involvement and is committed to its goal to serve others. Andersen, Tate & Carr is honored to continue to serve in these active leadership roles. Congratulations to Tom and Marian!
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.
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.