Miller & Martin PLLC

Another Not-So-Subtle “Message” from the EEOC

What would the holidays be without a visit from the EEOC! Its latest visit was to Dillard’s – to stop by to pick up a $2 million settlement check this week in connection with an ADA class action filed in California back in…more

ADA, EEOC, FMLA, GINA

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Has OSHA's Recent Shift Created The Most Complex Regulatory Requirements In History?

Pop quiz – What's the difference between a bakery, a liquor store and a lumber yard? According to OSHA, not much, when it comes to its newly-enacted reporting regulations…more

Employer Mandates, OSHA, Popular, Recordkeeping Requirements, Reporting Requirements

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Responding to Immunization Concerns From a Business Perspective

Businesses across many industries, such as gyms, children's programs, and even standard retail establishments, are discovering they have to balance certain pressures such as notifying/protecting their customers and/or employees…more

Immunization Records, Retailers, School Safety, Vaccinations

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Is Sexual Orientation Now a Protected Class?

In our June 26 alert regarding the U.S. Supreme Court's same-sex marriage decision in Obergefell v. Hodges, we said we would continue to keep you posted regarding new developments in this area of the law. Some of you may…more

EEOC, Employee Handbooks, Employee Rights, Employer Liability Issues, Federal Contractors

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Balancing the Affordable Care Act and ERISA

Looming implementation of the Affordable Care Act's (ACA) so-called “play or pay” provision has large employers evaluating the alternatives it presents: “play,” by offering health insurance coverage to full-time employees; or…more

Affordable Care Act, Employer Mandates, ERISA, Health Insurance Exchanges, Healthcare

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U.S. Supreme Court Upholds Affordable Care Act Subsidies in Federal Exchanges

On Thursday, June 25, the U.S. Supreme Court ruled that consumer subsidies can continue to be provided through both federal and state health insurance marketplaces under the Affordable Care Act (ACA). In King v. Burwell,…more

Affordable Care Act, Health Insurance, Health Insurance Exchanges, Individual Mandate, King v Burwell

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New Overtime Regulations Proposed

The U.S. Department of Labor issued a proposed rule this morning that would expand federal overtime pay regulations to cover nearly 5 million additional employees by raising the minimum salary threshold required to qualify for…more

DOL, FLSA, Over-Time, Wage and Hour, White-Collar Exemptions

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The Latest from the U.S. Supreme Court - Time Spent Putting On and Taking Off Protective Gear Is Not Compensable Under the Fair Labor Standards Act

Earlier this week, in Sandifer v. U.S. Steel Corp., the Supreme Court addressed whether unionized workers may be entitled to compensation for time spent putting on and taking off protective gear. The Court found that putting on…more

Antonin Scalia, Collective Bargaining, FLSA, Protective Gear, Sandifer v U.S. Steel Corp

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Are You Ready for First-to-File Patent Priority?

Patent attorneys are expecting a flurry of patent filing activity by March 15, 2013. This is because under the American Invents Act, U.S. Patent Laws will change on March 16, 2013 and the U.S. will convert to a first-to-file…more

America Invents Act, First-to-File, First-to-Invent, Intellectual Property Litigation, Inventions

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Georgia Lien Law Revised In Favor of Contractors

Legislation signed into law this week will have meaningful impacts on contractors asserting liens against property owners for non-payment. On Tuesday, May 7, 2013, Georgia Governor Nathan Deal signed into law House Bill 434,…more

Contractors, Liens

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SEC Eliminates Ban on General Solicitation in Private Offerings

On July 10, 2013, the SEC took the following actions that are likely to have a significant impact on hedge funds, private investment funds and other companies that raise capital through private offerings of securities..…more

Advertising, General Solicitation, Hedge Funds, IRS, JOBS Act

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California Supreme Court Follows Trend in Enforcing Class Arbitration Waiver in Employment Setting

California often prides itself on setting trends. When it comes to class arbitration waivers, though, California is just now catching up with the rest of the country. Headlined by the U.S. Supreme Court’s ruling in AT&T Mobility…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Federal Arbitration Act

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Regulation FD Does Not Prohibit Social Media Communications with Investors

The Securities and Exchange Commission (“SEC”) recently released a report that answers important questions about how companies can release material information through social media without violating Regulation FD…more

Investors, Public Disclosure, Regulation FD, SEC, Social Media

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Are You Ready for First-to-File Patent Priority?

Patent attorneys are expecting a flurry of patent filing activity by March 15, 2013. This is because under the American Invents Act, U.S. Patent Laws will change on March 16, 2013 and the U.S. will convert to a first-to-file…more

America Invents Act, First-to-File, First-to-Invent, Intellectual Property Litigation, Inventions

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What to Do with Personal Property Found in a Repossessed Vehicle

So you have repo'd your borrower’s motor vehicle and discovered that she left a laptop, some dirty socks and a picture of Uncle Joe asleep on the sofa in the back seat. "No problem," you say. You just toss out the dirty socks…more

Personal Property, Repossess

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Responding to Immunization Concerns From a Business Perspective

Businesses across many industries, such as gyms, children's programs, and even standard retail establishments, are discovering they have to balance certain pressures such as notifying/protecting their customers and/or employees…more

Immunization Records, Retailers, School Safety, Vaccinations

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Health Plan Lawsuits and Data Breach Claims: Recent Developments and Implications

Five class action lawsuits have been filed against Premera Blue Cross in federal court in Seattle, Washington following the recent report of a data breach that affected approximately 11 million individuals. The lawsuits make…more

Breach Notification Rule, Class Action, Corporate Counsel, Covered Entities, Data Breach

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Has OSHA's Recent Shift Created The Most Complex Regulatory Requirements In History?

Pop quiz – What's the difference between a bakery, a liquor store and a lumber yard? According to OSHA, not much, when it comes to its newly-enacted reporting regulations…more

Employer Mandates, OSHA, Popular, Recordkeeping Requirements, Reporting Requirements

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Four Sustainability Reporting Highlights of 2013

2013 should be remembered as a transformative year for sustainability. Significant developments emerged not just from sustainability reports, but from non-profits and regulators concerned with stakeholder interests and reporting…more

Carbon Emissions, Compliance, EPA, Greenhouse Gas Emissions, No-Action Letters

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Cybersecurity Risks and the SEC – You'll Need "Guidance"

The Securities and Exchange Commission ("SEC") is becoming increasingly concerned with cybersecurity risks to which investment advisers may be exposed. Consequently, it has recently issued guidance ("Guidance") as to actions…more

Cybersecurity, Investment Adviser, New Guidance, SEC

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New Section 336(e) Election Provides Additional Flexibility in Taxation of Stock Transactions

On May 15, 2013, the Department of the Treasury issued final regulations regarding a new election now permitted under Section 336(e) of the Internal Revenue Code that allows sellers to elect to treat transactions structured as…more

Capital Gains, Corporate Taxes, Income Taxes, Internal Revenue Code, IRS

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Payroll Card Accounts – They're New in Georgia

On May 5, 2015, SB 88 was signed into law by Governor Nathan Deal. This law amends O.C.G.A. § 34-7-2 to permit Georgia employers to pay employees through payroll card accounts. The new law went into effect immediately…more

Payroll Cards, Wages

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Payroll Card Accounts – They're New in Georgia

On May 5, 2015, SB 88 was signed into law by Governor Nathan Deal. This law amends O.C.G.A. § 34-7-2 to permit Georgia employers to pay employees through payroll card accounts. The new law went into effect immediately…more

Payroll Cards, Wages

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Has OSHA's Recent Shift Created The Most Complex Regulatory Requirements In History?

Pop quiz – What's the difference between a bakery, a liquor store and a lumber yard? According to OSHA, not much, when it comes to its newly-enacted reporting regulations…more

Employer Mandates, OSHA, Popular, Recordkeeping Requirements, Reporting Requirements

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A Back-Door Increase in the Federal Minimum Wage

The cost of doing business with the federal government has just gone up. Fulfilling a promise from his State of the Union Address, President Obama signed an Executive Order on February 12, 2014 that will raise the minimum wage…more

Federal Contractors, Minimum Wage, Wage and Hour

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High Court Clarifies TILA Rescission Procedure

In Jesinoski v. Countrywide Home Loans, et al. (No. 13-684), the U.S. Supreme Court has eased the process by which a borrower may seek to walk away from his home mortgages, holding that the borrower, in order to avail himself of…more

Bank of America, Jesinoski v Countrywide, Mortgage Lenders, Mortgages, Rescission

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Are You Ready for First-to-File Patent Priority?

Patent attorneys are expecting a flurry of patent filing activity by March 15, 2013. This is because under the American Invents Act, U.S. Patent Laws will change on March 16, 2013 and the U.S. will convert to a first-to-file…more

America Invents Act, First-to-File, First-to-Invent, Intellectual Property Litigation, Inventions

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IRS Creates New Disregarded Entity Exclusion from Debt Cancellation Income

The IRS has announced a new safe harbor from the discharge of debt income rules. Debt that is cancelled, discharged or forgiven is generally taxable as income, but there are exceptions. Under one exception, certain income…more

Debt, Exclusions, Forgiven Debt, Income Taxes, IRS

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NLRB New "Quickie Election" Rules Become Effective

Just a reminder that the NLRB's new "quickie election" rules went into effect on Tuesday, April 14, 2015. We provided details regarding these in our December 16, 2014 alert…more

Ambush Election Rules, NLRA, NLRB, Union Elections, Unions

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Does Your Retention Bonus Plan Violate IRS Code?

In a memorandum released earlier this month, the IRS Office of Chief Counsel ruled that a retention bonus payable to an executive violated Section 409A of the Internal Revenue Code ("409A"). The IRS further ruled that the…more

Bonuses, Corporate Counsel, Executive Compensation, IRC, IRS

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SEC Eliminates Ban on General Solicitation in Private Offerings

On July 10, 2013, the SEC took the following actions that are likely to have a significant impact on hedge funds, private investment funds and other companies that raise capital through private offerings of securities..…more

Advertising, General Solicitation, Hedge Funds, IRS, JOBS Act

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Contact

1180 West Peachtree Street, N.W. Suite 2100
Atlanta, GA 30309-2407, United States

  • 800-275-7303

Areas of Practice
  • Administrative Law
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Other U.S. Locations
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Number of Attorneys

100+ Attorneys

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