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  • Article

    Product Warranties In The Amazon Age

    New products typically come with warranties. Those warranties also can include other provisions that affect the consumer's legal rights such as disclaimers of warranties and arbitration clauses.
    United StatesConsumer Protection
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Action Item: Pay Attention To The Notice Provisions Of Your Contracts In The COVID-19 World

    For most of us, our email is flooded with various articles on how to deal with COVID-19 in the business and legal environments.
    United StatesCoronavirus (COVID-19)
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    DOS Clarifies National Interest Exception To COVID-19 Travel Ban For Travelers From Schengen Countries, United Kingdom And Ireland

    Earlier this year, President Trump signed a series of presidential proclamations banning the entry of foreign nationals who were present in China, Iran, countries in the Schengen area
    United StatesCoronavirus (COVID-19)
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Expansion Of Unemployment Insurance Under The CARES Act

    On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed into law.
    United StatesCoronavirus (COVID-19)
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Franchisors Liable For Criminal Acts At Franchised Stores

    In a pair of recent decisions, California courts ruled that franchisors may be vicariously liable for criminal acts occurring at their franchisees' stores.
    United StatesCorporate/Commercial Law
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    House Approves Tax Bill: Senate Tax Bill Now Out Of Committee

    In the U.S. House, the Tax Cuts and Jobs Act ( H.R. 1) (the Act) was approved by a vote of 227-205 yesterday. The legislation lowers the top corporate rate of 35 percent to a flat 20 percent.
    United StatesCorporate/Commercial Law
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Specifying That a Contract Is Governed By New York Law May Not Necessarily Be All You Think It Is

    In the past, our FYI / לידיעתך articles focused on a single topic.
    United StatesCorporate/Commercial Law
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Turning A License Network Into A Franchise

    Most business owners want to achieve some form of steady long-term growth. For those owners who have established a true network of licensees that are marketing goods or services under a successful brand or trademark.
    United StatesCorporate/Commercial Law
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Turning License Networks Into Franchises

    Most business owners want to achieve some form of steady long-term growth.
    United StatesCorporate/Commercial Law
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Can An Employer Enforce A Covenant Requiring An Employee To Devote "Full-Time" To Their Work?

    In Early v. MiMedx, Inc., the Georgia Court of Appeals addressed the enforceability of a covenant requiring a person to "devote her full working time" to the performance of her duties.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Department Of Labor Ends Its 20% Tip Credit Rule In Long-Awaited Opinion Letter

    On November 8, 2018, the Department of Labor's Wage and Hour Division issued an opinion letter intended to clear up "confusion and inconsistent application" stemming from previous Department of Labor (DOL) guidance regarding the use of the tip credit to pay regularly tipped employees.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Department Of Labor To Issue Rule Revising The Definition Of "Spouse" Under The Family And Medical Leave Act?

    Covered employers under the Family and Medical Leave Act should prepare for a new Department of Labor rule that will expand FMLA eligibility to care for a spouse or family member to individuals in legal same-sex marriages.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    DOL Increases Civil Penalties Of Benefits-Related Violations

    On July 1, 2016, the Department of Labor ("DOL") issued regulations that increased the civil monetary penalties of many employee benefit-related violations.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    DOL Issues New Policy On FMLA Leave And Notice Requirements And New Rule On Worker Classifications

    DOL Adopts Telemedicine Policy to Support FMLA Leave and New Notice Requirements...
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    DOT Says Motor Carriers Need Not Comply With California Break Laws

    The FMCSA recently issued a decision stating that motor carriers do not have to comply with California laws requiring employers to provide workers with regular meal breaks and paid rest breaks.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Employers Beware: Fair Wage Laws Protect Undocumented Workers In More Ways Than One

    The lessons of Alice's Tea Cup could not be clearer. Employers cannot avoid liability under wage and hour laws by hiring undocumented employees.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Federal Court Finds Georgia Garnishment Statute Unconstitutional

    The District Court's order enjoined Gwinnett County courts from issuing garnishment summons under the current forms and procedures.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Good News For Employers With Over 100 Employees

    For employers getting ready to comply with the revised EEO-1 Report, the Office of Information and Regulatory Affairs ("OIRA") provided good news on August 29, 2017 by announcing that it had indefinitely suspended the new ...
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Illinois Proposes Changes To Pregnancy Accommodation Law

    Recently, the Illinois Department on Human Rights ("IDHR") proposed new pregnancy discrimination and accommodation rules that go above and beyond what is required under the federal Family and Medical Leave Act.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    NLRB Returns to Past Precedent: Duty to Bargain over Changes and Traditional Community of Interest Standard

    On December 15, 2017, the National Labor Relations Board (NLRB) issued a pair of decisions, Raytheon Network Centric Systems and PCC Structurals...
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell

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