This article was published in the February 7, 2012 issue of the
The Georgia business community may have successfully rallied
against the September 12, 2011 Georgia Supreme Court decision
requiring any answer of garnishment filed in a Georgia court of
record to be signed by a Georgia-licensed attorney. The Georgia
House of Representatives has approved a bill that would reverse the
Georgia Supreme Court's decision and allow employers to execute
and file garnishment answers without the involvement of an
attorney. Last week, and without discussion, the Georgia Senate
unanimously passed the bill, and now the bill will be sent to
Governor Nathan Deal for his final approval. The new law would be
effective upon the Governor's signature.
If the bill is signed into law, employers will no longer be
required to hire a Georgia-licensed attorney to execute their
Georgia garnishment answers and will be allowed to use their own
human resources, payroll, or other non-attorney staff to process
their Georgia garnishments. We will keep you informed as to the
status of this bill.
Please be aware, however, that even if the Georgia Supreme
Court's decision is overturned, Georgia employers may still be
required to use a Georgia-licensed attorney for any traverse or
claim that is filed in a Georgia court of record in response to the
garnishment answer. Also note that neither the Georgia Supreme
Court's September 12 decision nor this bill impacts the ability
of companies to represent themselves in garnishment proceedings in
Georgia magistrate courts because, as courts of inquiry, an
attorney is not required in those proceedings.
Although the bill has been passed by the Georgia House and Senate,
the bill may not be signed by the Governor right away, if at all.
Until the bill becomes law, please continue working with the
Georgia-licensed attorney who has been handling your Georgia
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Multi-day seminar specifically designed for employers with workers in California. At the top of the list of our discussion will be the state’s new recreational marijuana law and amendments to California’s Fair Pay Act, both of which stand to pose significant challenges for the state’s employers.
You can review all the important topics we will cover in the attached agenda for our fifth annual Navigating California Employment Law program, which will be held March 1-4, 2017, at The Meritage
Also note that we will hold a special pre-conference session on Wednesday, March 1, for those of you looking for a quick immersion (or reminder) about the intricacies of California employment law. Of course, given the location wine tasting events will also be available in the evenings, leading some to refer to the program as "California Employment Law & Cabernet!"
The 2017 program will feature a number of very special guest speakers as well. For instance, Elizabeth Rindskopf Parker, the Executive Director of the State Bar of California, will be our keynote lunch presenter on Thursday, March 2. The following day, California Advocates President Michael Belote will kick off the morning session with an insider's look at the new legislation in the works for 2017 and how it will impact employers.
The Oregon Bureau of Labor and Industries recently issued new
guidance under which nonexempt employees who work in mills,
factories, or manufacturing establishments may be entitled to
both daily and weekly overtime compensation.
Employers that are
potentially affected should take action now to review and adjust
their pay practices to comply with the new interpretation or risk
exposure to overtime wage claims. Join us for a webinar that will
discuss this important new guidance and steps that employers
should take to comply.
Annette Guarisco Fildes is a strategic public policy and political counselor with more than 30 years of government affairs experience involving
complex legislative and regulatory matters in the U.S. and abroad. She is currently President and CEO of The ERISA Industry Committee
(ERIC), which is the only national association advocating solely for the employee benefi t and compensation policy interests of America’s
largest employers. Annette is responsible for striving toward and upholding the associatio
The issue of whether to pay for training time is a vexing one. In a recent case, a major airline avoided liability (for the most part) in a FLSA collective action alleging that it did not pay workers...
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