ArticleDOL Final Federal Overtime Rule Is Effective: 3 Key ChangesOn January 1, 2020, the U.S. Department of Labor's (DOL) final regulation of the federal overtime rule became effective.United StatesEmployment and HRBerman Fink Van Horn P.C.
ArticleEEOC Sues Credit Union For Retaliation – Tips You Can Bank OnThe EEOC is seeking compensatory and punitive damages and injunctive relief to prevent any future violations.United StatesEmployment and HRBerman Fink Van Horn P.C.
ArticleIs An Employee Handbook Confidential? NLRB Says NoMany employers have rules stating that their employee handbooks and the policies contained within them are confidential. A recent National Labor Relations Board ("NLRB")United StatesEmployment and HRBerman Fink Van Horn P.C.
ArticleNew Independent Contractor Test Under The NLRARecently, the National Labor Relations Board ("NLRB") broadened the standard for who is considered an independent contractor. United StatesEmployment and HRBerman Fink Van Horn P.C.
ArticleSecurity Staff Sues NFL, Blows Whistle On Contractor MisclassificationNine former NFL security representatives recently filed a federal lawsuit against the NFL claiming they were misclassified as independent contractors and unlawfully fired by the league because of their age. United StatesEmployment and HRBerman Fink Van Horn P.C.
ArticleDuration Of Financial Power Of Attorney: Misconceptions ExistIn Georgia, a statutory financial power of attorney can authorize a third party to manage an individual's property and financial matters. United StatesFamily and MatrimonialBerman Fink Van Horn P.C.
VideoSupreme Court To Decide Meaning Of Trade Secrets? (Video)I blog often on confidential information and trade secrets. In more than 25 years in practice, I have never seen a trade secrets case reach the Supreme Court. United StatesIntellectual PropertyBerman Fink Van Horn P.C.
ArticleLoan Agreement Restrains TradeIn a recent decision, a loan agreement was found to have restrained trade by calling for a $10,000 penalty triggered simply by the fact of competition. Wind Logistics Professionals LLC v Universal...United StatesLitigation, Mediation & ArbitrationBerman Fink Van Horn P.C.
ArticleU.S. Open Serves Up Neutral Gender Rule Amid Shirtless "Changeover"A few weeks ago, I had the pleasure of attending the Western & Southern Open in Cincinnati, Ohio.United StatesMedia, Telecoms, IT, EntertainmentBerman Fink Van Horn P.C.
ArticleGovernment Accountability Office Recommends Federal Internet Privacy LawLast month, the Government Accountability Office (GAO), the U.S. government agency responsible for monitoring and auditing government spending and operations, released a 56-page report recommending...United StatesPrivacyBerman Fink Van Horn P.C.
VideoCommitting The Commission Crime: Acting As An Unlicensed Real Estate Broker In Georgia (Video)As Atlanta continues to grow, the opportunities in commercial real estate do so as well. As a result, many individuals and sometimes businesses, that do not otherwise operate in the area of real estate may find themselves in the middle of a real estate transaction. United StatesReal Estate and ConstructionBerman Fink Van Horn P.C.
ArticleDo Due Diligence, Or Risk DemolitionIn previous blogs, we've touched on the concept of due diligence during a real estate transaction. United StatesReal Estate and ConstructionBerman Fink Van Horn P.C.
ArticleHas Your Landlord Violated The Covenant Of Quiet Enjoyment In Your Lease?If you are a tenant leasing a commercial property, your lease likely contains a covenant of quiet enjoyment. But do you know what rights you have under the provision? United StatesReal Estate and ConstructionBerman Fink Van Horn P.C.
ArticlePrivate Property Owners And DronesDo property owners have possessory rights in the airspace above their land? Section by section and word by word, the first draft of a proposed "Tort Law Relating To Drones Act" was considered and debated ...United StatesReal Estate and ConstructionBerman Fink Van Horn P.C.
ArticleReasonable Efforts vs. Best Efforts – What's The Difference?In business contracts, do you know the difference between reasonable efforts vs. best efforts?United StatesCorporate/Commercial LawBerman Fink Van Horn P.C.
ArticleBusiness Disputes: Reporting A Business Partner To Law Enforcement If you are considering reporting a business partner to law enforcement, think twice.United StatesCriminal LawBerman Fink Van Horn P.C.
ArticleThe U.S. DOL Publishes New COVID-19 OSHA PosterThe U.S. Department of Labor's Occupational Safety and Health Administration ("OSHA") has issued a new poster listing steps all workplaces can take to reduce the risk of exposure to the coronavirus.United StatesEmployment and HRBerman Fink Van Horn P.C.
ArticleHow To Avoid Deadlock In A 50/50 PartnershipDespite attorneys crying ‘beware of the 50/50 partnership,' business owners often find themselves, and insist, on that exact relationship. ‘Fifty-fifty seems right,' they say. United StatesLitigation, Mediation & ArbitrationBerman Fink Van Horn P.C.
ArticleGeorgia Court Allows Trade Secrets Act Claim Against State AgencyIn the case of Board of Regents of the University System of Georgia v. One Sixty Over Ninety, LLC, 2019 WL 2635620 (June 27, 2019), in a case of first impression, United StatesIntellectual PropertyBerman Fink Van Horn P.C.
ArticleNLRB Modifies Its Independent Contractor StandardThe National Labor Relations Board ("NLRB") has modified its Independent Contractor Standard under the National Labor Relations Act ("NLRA"). It is now harder for an employer to classify an individual...United StatesEmployment and HRBerman Fink Van Horn P.C.