Archive for the ‘lawyer’ Tag
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 little Alexa Linboom, a 5-year old Tennessee girl who was forced to guzzle the grape soda and water after she took “one or two grape drinks” that belonged to her stepmother. She was allegedly force-fed so much liquid that it caused the sodium level in her body to go down and caused her brain to swell. She died as a result.
Trinity also discussed a case involving Sick Kids Hospital of Toronto, who allegedly overdosed a teenage boy with 7 drugs in 7 hours. These drugs were nearly life threatening and were given without any prior testing or blood work completed by the hospital and despite objections by the boys’ parents.
Catch her tonight on HLN from 3-6 as she sits on Verdict Watch in the Michael Dunn trial.
Andersen, Tate & Carr, P.C. is proud to announce that Eadaoin Waller has been elected by the shareholders as a partner in the firm. Brad Carr, head of the firm’s corporate department, said: “Through her career at ATC, Eadaoin has developed expertise in guiding our corporate clients through the spectrum of corporate and non-profit issues, with a strong focus on common sense solutions, efficiency and service. We are excited to welcome her to the ranks of partnership.”
Eadaoin Waller is part of the corporate group of Andersen, Tate & Carr. Her practice focuses on employment law (employee handbooks and contracts; severance agreements; employer policies and procedures; non-compete/non-solicit and confidentiality agreements; intellectual property protection issues), mergers and acquisitions (stock and asset transactions), general corporate law (choice of entity and entity formation; shareholder and partnership agreements; general corporate advice) and non-profit law (including the assistance of charitable entitles in obtaining 501(c)(3) tax exempt status).
Eadaoin serves on the Boards of the Human Resources Management Group at the Gwinnett Co. Chamber of Commerce, the Rotary Club of Oconee County and the Oconee County Arts Foundation (OCAF). Born in Ireland, she is a passionate member of Atlanta’s Irish community and of Atlanta’s Irish Chamber of Commerce.
Andersen, Tate & Carr, P.C. is proud to announce that Melody A. Glouton, an exceptional lawyer with a wealth of experience in litigation matters, with an emphasis in estate litigation, has joined the firm. “We are excited about the addition of Melody and the wealth of experience she brings to our practice. Her strong ties to the community as well as her excellent legal skills made her a natural choice as we continue to grow the firm,” says managing partner Don Swift.
Ms. Glouton will continue her practice as a civil litigation lawyer, including an emphasis on contested estate, trust and probate litigation matters, contested guardianships and conservatorships, as well as providing legal counsel and advice to families of wrongful death and personal injury matters. “I am very excited to join the talented group of lawyers at Andersen Tate, & Carr and look forward to being a part of the firm’s continued success,” says Melody.
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.
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.
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.
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.
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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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.
Copyright © 2013 Eadaoin Waller & Andersen, Tate & Carr, P.C.