Trinity Hundredmark recently appeared as a legal analyst on Nancy Grace on HLN.
A criminal defense and family law attorney and Partner at Andersen, Tate & Carr, P.C., Trinity discussed the case of missing Orlando mother Michelle Parker. At the time of the broadcast, new video was released that showed Michelle Parker’s car, its exterior altered, hours after her cellphone was dumped, and she was last seen alive at the home of her ex-fiancé. In addition, Trinity commented the suspicious disappearance and stunning discovery of the remains of the McStay family in the Mojave Desert. The McStay family had been missing since February 2010.
This week, a motorcyclist riding about 50 yards from a dirt road found two shallow graves containing the skeletons of Joseph and Summer McStay and two children believed to be their young sons, Gianni and Joseph Jr. Dental records confirmed the couple’s identities, and detectives have concluded that all four were homicide victims. No suspects have been identified.
Trinity Hundredmark recently appeared as a legal analyst on Cavuto on the Fox Business Network. Trinity discussed an administrative order issued by Illinois Gov. Pat Quinn “banning the box” on applications for state government jobs. Pursuant to the order, state government job applicants with criminal histories will no longer have to check a box disclosing that they have been convicted of, or pled guilty to, a crime. Trinity explained that by removing the box, every individual gets a fair opportunity to make a first impression and stand on their job qualifications, at least initially.
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!
Patrick J. McDonough has appeared on Fox News as one of their Atlanta based legal analysts. Recently on Fox News, McDonough spoke on the issues surrounding revenge pornography. McDonough explained how currently there are civil remedies for victims, but that can be a costly endeavor and not available to most victims. McDonough did note the trend is for states to criminalize this behavior. First amendment advocates will surely challenge these statutes, but McDonough believes if the statutes are drafted narrowly they should withstand Supreme Court scrutiny. McDonough said the lesson is twofold: first, one should not take any uncompromising pictures of themselves and send them to current partners, and second, jaded ex-partners should think twice before posting these images.
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
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!
ATC attorney Trinity Hundredmark was a guest contributor on HLN’s ”Raising America” on June 11, 2013. She commented on a variety of topics, including jury questions in the Jodi Arias trial, the Brett Seacat murder trial, and jury selection. Watch an excerpt here:
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.
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
400 Summit Boulevard