Recreational marijuana is now legal in more states than ever before. Medical marijuana has been legalized in the state of Georgia for individuals with specific ailments. This may mean that a percentage of the workforce is impaired on the job. ... Continue Reading
Let's consider the simplest possible workers' compensation scenario. An employee is injured on the job. There is a clear incident. There are several witnesses. The incident is immediately reported to the employee's supervisor, and an incident report is completed. The employee takes and passes a drug screen. ... Continue Reading
Over the last year, gender considerations have garnered significant attention from the media, employees, employers, courts, and the Equal Employment Opportunity Commission (the "EEOC"). Employers should expect the dialogue on gender issues in the workplace to continue, and should take proactive measures to ensure they are in compliance with all state and federal employment laws. ... Continue Reading
As of September 1, 2018, adoptions in Georgia are easier. The state's Adoption Code was significantly revised, adding clarity and modernity to some laws not touched since 1990. The revisions seem to reflect the state's articulated interest in "promptly providing stable and permanent homes for adoptive children, and in preventing the disruption of adoptive placements." While the changes are vast from residency requirements of adoptive parents to assistance for birth parents, this article highlights many of the new laws. ... Continue Reading
Overview of the Medicare Secondary Payer Act (MSPA) Until 1980, Medicare was the primary payer for all medical services covered by Medicare except those covered by Worker's Compensation. The MSPA was created in 1980 to attempt to shift costs from Medicare to other private payers. 42 U.S.C. § 1395y (1980). Pursuant to the MSPA, Medicare is the "secondary payer" to insurance plans and programs for individuals covered through (among other things) auto and other liability insurance or no-fault liability insurance. Id. ... 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