Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
By Ross Todd | August 16, 2017
The Ninth Circuit asked the California Supreme Court to weigh in on whether state law requires Apple Inc. to pay workers at its retail stores for time spent waiting for security checks at the end of work shifts.
By newyorklawjournal | New York Law Journal | August 15, 2017
Only AMTs' FLSA Overtime Claims Against County Survive; Complaint May Be Amended to Add Facts
By thelegalintelligencer | The Legal Intelligencer | August 11, 2017
Trial court erred in precluding plaintiff's conviction for receipt of stolen property, where crimen falsi evidence was per se admissible, and where evidence of the conviction was relevant to plaintiff's wage loss claim. Judgment reversed in part and affirmed in part, case remanded for new trial on damages.
By njlawjournal | New Jersey Law Journal | August 10, 2017
Salary Step Increases Required to Remain in Place until Parties Reached New CBA, Under Terms of Prior CBA
By newyorklawjournal | New York Law Journal | August 4, 2017
Town's Fired Inspectors Fail to State Claim Under FLSA, ERISA; May Re-Plead FLSA Claim
By Christian Petrucci | August 3, 2017
As outlined in this space back in June, the nature of an employment relationship is a question of law that is to be determined on a case-by-case basis. The Commonwealth Court case of Hawbaker v. Workers' Compensation Appeal Board, (Kriner's Quality Roofing Services and UEGF), 224 C.D. 2016, provided a springboard for discussing under what circumstances an injured worker can be considered an employee versus an independent contractor. Hawbaker also offered a comparison between the "traditional" factors in determining whether an employer-employee relationship exists and the specific statutory requirements of the 2010 Construction Workplace Misclassification Act (CWMA), which sought to codify criteria for classification of independent contractors in construction settings.
By njlawjournal | New Jersey Law Journal | August 3, 2017
Defendant's Cross-Claim or Third-Party Claim against Public Entity Barred for Untimely Notice of Claim, Though Evidence of Its Negligence Still Admissible
By Trey Cox and Jason Dennis | August 1, 2017
Under the American Rule, a party may only recover attorney fees on certain narrow claims. When a party has some claims that support the award of attorney fees and some claims that do not, then the party must segregate the recoverable attorney fees from the nonrecoverable attorney fees.
By Andrea M. Kirshenbaum | July 28, 2017
A question that has bedeviled employers for decades: Can employers obtain a release of claims under the Fair Labor Standards Act (FLSA) in the absence of U.S. Department of Labor (DOL) or court approval? A recent decision in the U.S. District Court for the Southern District of New York, Gaughan v. Rubenstein, adds more fuel to the fire, dismissing a plaintiff's FLSA claims against Lee Rubenstein and holding that the plaintiff's "pre-litigation settlement agreement" released her FLSA claims, even without the imprimatur of the DOL or a court.
By newyorklawjournal | New York Law Journal | July 25, 2017
Arbitration of Disputes Cannot Be Compelled; Waiver of Collective Claims Violates NLRA
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