201707.28
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Business Judgment Rule in Georgia Strengthened By New Law

by in Business

From Berman Fink Van Horn On July 1, 2017, a new Georgia law, which amends both the Georgia Business Corporation Code and the Financial Institutions Code of Georgia, came into effect. The new law strengthens the business judgment rule applicable to officers and directors of Georgia corporations, including officers and directors of financial institutions. The…

201707.27
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Treat harassment by non-employees no differently than harassment by employees

by in Employment

From Meyers, Roman, Friedberg & Lewis Consider the following lawsuit the EEOC filed against a California senior-care provider: The civil rights agency found that Rashon Sturdivant, an experienced care provider, faced daily harassment, including racially offensive remarks about “brown sugar” and “black butts,” requests to perform sexual acts, and lewd comments about her body. The client also…

201707.26
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What’s the statute of limitations on a breach of fiduciary duty claim?

by in Business, Litigation

From Berman Fink Van Horn Under Georgia law, certain relationships give rise to fiduciary duties on the part of individuals.  An individual with a fiduciary duty must exercise loyalty and utmost good faith towards the person to whom the duty is owed.  Certain employees and officers can owe fiduciary duties.  Georgia courts have held that employees vested…

201707.24
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Court rules that religious accommodation request is not protected activity for retaliation claim

by in Employment

From  Meyers Roman Friedberg & Lewis A Minnesota federal court has ruled that an employee’s request for a religious accommodation did not qualify as protected activity to support the employee’s retaliation claim. EEOC v. North Memorial Health Care (D. Minn. 7/6/17) involves a hospital that withdrew a conditional job offer to a nurse after she disclosed that she was…

201707.20
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The (high) times they are a changin’: medical marijuana and disability discrimination

by in Employment

From Meyers, Roman, Friedberg & Lewis In what is believed to be the first decision of its kind, the Massachusetts Supreme Judicial Court has allowed an employee to pursue a disability discrimination claim based on the use of medical marijuana. Christine Barbuto suffered from Crohn’s Disease, and legally used medically prescribed marijuana in the evening…