The willful misconduct defense is one that is notoriously difficult to successfully assert, but there are a few actions that an employer can and must take before an accident even occurs in order to protect an employer/insurer's ability to assert this defense in a claim involving employee misconduct. ... Continue Reading
We Can All Learn A Little Something from Strippers: The Basic Analysis Distinguishing Employees from Independent Contractors
It can be to a business's advantage to work with independent contractors, as this may lessen their liability under the Act, but there are risks associated with misclassifying workers. If a business misclassifies an employee as an independent contractor and that employee has a compensable work-related injury, the Employer and Insurer can likely face back indemnity benefits, back medical benefits, attorney fees, and penalties. ... Continue Reading
For some, the Christmas season is considered the most wonderful time of the year. But for many businesses, especially in the retail and hospitality industry, the season is their busiest time. According to the National Retail Federation, most retail businesses see a 30 percent increase in sales in November and December as compared to the rest of the year. For this reason, it is not uncommon for many businesses to hire seasonal employees. The increase demand requires additional workers, albeit on a temporary basis. Many companies rely on temp agencies to fill these gaps in workers. Many of these employees are hired as 1099 independent contractors, while some are merely contracted out from the temp agency. But the relationship between your business and the temporary hiring agency may raise several concerns. What happens when one of these temporary employees gets injured on the job? Who is responsible for compensating the employee? And how can you help to shield your business from any liability? ... Continue Reading
As a general rule in Georgia, under the doctrine of respondeat superior, an employer is liable for injuries to another proximately resulting from the acts of an employee committed within the scope of his or her employment. ... Continue Reading
Motions for summary judgment are critical tools to litigation, if they can be won. ... Continue Reading
The Journal is a publication for the clients of Drew Eckl & Farnham, LLP. It is written in a general format and is not intended to be legal advice to any specific circumstance. Legal Opinions may vary when based upon subtle factual differences. All rights reserved.
H. Michael Bagley