Legal Blogs | Atlanta Attorney

July 8, 2015

Proposed Changes to Department of Labor’s Overtime Rules Would Entitle 160,000 Georgia Workers to Increased Pay for Overtime Work

On June 30, 2015, the White House announced proposed changes to the Department of Labor’s current overtime payment rules. If enacted, the changes would mean that approximately 160,000 Georgia employees would become entitled to 1.5 times their hourly rate of pay for all hours worked in a given week in excess of forty hours. Under the current system, certain employees who work more than forty (40) hours per week are entitled to overtime pay at a rate of 1.5 times their normal salary for all hours worked in excess of forty (40) hours in a given work week. Whether a […]
June 25, 2015

LANDLORD OPTIONS AFTER TENANT ABANDONS PREMISES PRIOR TO LEASE EXPIRATION

All too frequently, a commercial tenant will abandon its leased premises prior to the expiration of the lease term. When this happens, the landlord has four primary options. Because Georgia does not require mitigation of damages in lease contracts, the landlord’s first option is to leave the premises vacant and attempt to collect rent from the tenant as if the tenant had never abandoned. From a practical perspective, however, this option is unlikely to be effective, as tenants are generally reluctant to pay rent for a space they are not occupying, despite their legal obligation to do so. The landlord’s […]
June 25, 2015

Georgia Landlord Tenant Law: Dealing with the Bankrupt Tenant

When a commercial tenant files for bankruptcy a landlord is often faced with numerous challenges.  First, if a tenant enters bankruptcy it is likely that they owe an outstanding balance.  Second, the bankruptcy filing may make the tenant’s obligation to pay rent as it comes due unclear.  Third, the bankruptcy proceeding creates obstacles to evicting the tenant.   Pursuant to Section 362(a) of the Bankruptcy Code (the “Code”), the filing of a bankruptcy initiates what is called the “automatic stay.”[1]  The automatic stay acts as a bar requiring the landlord to cease any efforts to collect rent or evict the […]
February 27, 2015

Put Your Tenant on Notice: Landlord Notice Requirements Prior to Eviction in Georgia

In Georgia, if a landlord wishes to evict a tenant because of failure to pay rent, the landlord is required to file a dispossessory action with the court.  However, prior to filing the dispossessory action, the law requires the landlord to take certain steps.  One requirement is that the landlord must “demand possession” of the premises prior to filing a dispossessory proceeding with the court.  See O.C.G.A. § 44-7-50.  While the demand may be made orally, and there are no “magic” words required by law, it is generally good practice to make the demand in writing so that subsequently the […]
January 28, 2015

You Mean Insurance Companies Don’t Always Pay?

When starting my law practice in 2008, I was introduced to both individual and corporate clients that were having trouble getting their insurance companies to pay property damage claims. Whether it was a fire to a family’s home, theft of copper wiring in a commercial building, or a restaurant’s parking lot collapse, insurance companies such as Allstate, State Farm, Travelers, and Auto Owners were either attempting to not pay claims or to pay claims on the cheap. And helping them do this were well-trained and experienced adjusters, investigators, and lawyers. Now, I am of the firm belief that if you […]
January 28, 2015

Fulton County Magistrate Court: Navigating the Small Claims Process

If you have filed a small claims case in the Magistrate Court of Fulton County and have shown up to have your day in court, you may quickly learn that you will actually have a full day in court.  That means you may show up before 9:00 AM and not leave until 4:00 PM.  Also, there may be times where the judge tells you that she does not have time for your case and you will be re-scheduled for another court date.  In an attempt to prevent this from happening, Fulton County courts, along with most courts, encourage the parties […]
January 28, 2015

What Are Severance Agreements, And Can I Get One?

If you work as a W-2 employee in Georgia your employment is most likely employment at will. The largest exception is if you were able to enter into an employment agreement either at the beginning of your employment or at some point during your employment that states otherwise. However, unless you are an executive of a large company, the odds are that you do not have an employment agreement that changes your at will status. Employment at will means that you can quit your job at any time and for any reason and your employer can fire you at any […]
January 28, 2015

What Is An Operating Agreement?

Many small business owners are choosing to form their companies as limited liability companies. If you are operating as a limited liability company, and there are partners who own the business with you, called members, it is imperative that you have an operating agreement for the company. The operating agreement, also sometimes referred to as a partnership agreement, sets the framework for how the company is going to operate, decides who is in charge of making decisions, and covers how money is going to be distributed, in addition to a host of other issues. Unlike a corporation with chief executives […]
January 28, 2015

How Does Litigation Work?

If you have a legal matter where the amount in controversy is more than $15,000.00, you will need to file a lawsuit in either state or superior court.  Magistrate courts only have jurisdiction for matters where the amount of controversy is $15,000 or less. All lawsuits begin with the filing of a complaint.  Your complaint will set forth the facts of your case and the cause of action for which you are looking to recover.  For example, if you entered into a contract whereby you provided consulting services for a fee of $20,000 and the other party failed to pay […]
January 28, 2015

What Is Employment At Will?

Employment at will, in its simplest form, means that your employer can terminate your employment with or without cause, and with any reason or no reason. Likewise, you can voluntarily resign from your employment with or without case and at any time.for any reason. In the State of Georgia, unless otherwise agreed to, your employment is at will, and thus, Georgia is a right to work state. However, there are clear exceptions to employment at will, including federal laws that protect employees from suffering an adverse employment decision based on being in a protected class, which include, but are not […]