Closing Out 2011, Planning Ahead for 2012
This time of year is a very busy one for all of us. Making preparations to end 2011 and begin 2012--all amid the holiday season--can be both exhilarating and stressful. During these busy times, it is easy for us to get so caught up in the rapid pace of our schedules that we focus only on short-term tasks and goals rather than the long-term, "big picture" impacts of our decisions. This mindset, however, can pave the way for future setbacks. It can be difficult, but slowing down to take additional time to investigate issues thoroughly and consider future goals is always time well spent.
In this issue, we have included several articles highlighting issues in real estate transactions and employment relationships that should not be overlooked by businesses. For instance, Lisa Morchower discusses some of the hot topics in land use and zoning and the importance of having an understanding of how this impacts your current or prospective property. As she explains, taking time to investigate and understand applicable land use and zoning restrictions is crucial. In a related article, Bill Piercy walks us through historical city planning and how that can lead to current disputes between neighbors.
In the employment context, Ken Winkler identifies the impact of properly handling employee classification and payment of wages. As he notes, failing to correctly classify and pay workers can lead to significant liability for employers. In addition, Neal Weinrich alerts employers that they can no longer process garnishment paperwork as usual. In an important decision by the Georgia Supreme Court, the Court held that it is the unauthorized practice of law for employers to file answers to garnishments in Georgia's courts of record.
Finally, we have included an article from our summer associate, Grant Petersen. In this issue of Business Law Perspectives, Grant offers a view of BFV from his perspective.
We hope you find this newsletter to be a resource for helpful information. And, we wish you a safe and happy holiday season! Thank you for reading.
Employers Take Heed: Responding to Garnishments Constitutes Unauthorized Practice of Law
Many employers are periodically served with garnishments from a judgment-creditor of one of their employees. These garnishments require the employer to file an answer stating the amount of wages subject to garnishment and to pay those wages into the court's registry.
DOL Dishes Out $104,000 Back Pay Order to Georgia Restaurant Chain
The U.S. Department of Labor recently ordered a Fayetteville-based family owned restaurant chain to provide $104,000 in back pay to 230 workers at its five Georgia locations. The employer was also fined $1,900 for permitting minors to work hours beyond those permitted by law. The case serves as reminder of the importance of compliance with wage and hour laws.
Who Owns Atlanta`s Alleys?
The City of Atlanta is blessed with a rich tapestry of mature residential neighborhoods such as Midtown, Grant Park and Virginia-Highlands. In addition to the streets and sidewalks that interconnect these communities, many of the properties in these neighborhoods are also bounded by alleys.
A Summer Associate`s Perspective
Every summer, Berman Fink Van Horn P.C. hires a second-year law student to work with us as a summer associate. This summer, Grant Petersen, a JD/MBA candidate at Emory Law School and an alum of Duke University, joined us to gain some hands-on experience practicing law. Below, Grant offers his perspective on working at our firm. We were very pleased to have Grant work here, and we are glad that he found the experience so educational.-Jeff
Hot Topics in Land Use and Zoning
I recently attended a two-day conference in Boston, Massachusetts hosted by the American Law Institute/American Bar Association about Land Use Planning and Regulation. Wow! What a fabulous conference! It truly invigorated me and renewed my passion for handling matters involving zoning and land use legal issues, an area in which I have practiced for most of my 22-year legal career. During the conference, I was able to join other lawyers from all over the country, who, like me, really enjoy discussing and analyzing land use topics that may be foreign (or even boring!) to other legal practitioners. The conference was a two-day jam-packed series of lectures and open forums regarding the most recent State and U.S. Supreme Court rulings in this area, with an emphasis on the latest trends affecting land use and zoning from the viewpoint of both the government and private sectors. The following are some of the issues that we discussed and related recommendations:
Charles Van Horn Speaks at Georgia Bar Foreclosure Seminar
On November 4, 2011, Charles Van Horn spoke at the Foreclosure Seminar sponsored by the Real Property Section of the Georgia Bar. His presentation covered fraudulent conveyances, and he also served as a moderator on the panel for Professionalism and Ethics. This all-day seminar was conducted at Georgia Public Television and broadcast to satellite locations across the state.
Bill Piercy Admitted to 2012 Class of Leadership DeKalb
Bill Piercy was admitted into the 2012 Class of Leadership DeKalb. As a member of Leadership DeKalb, Bill is participating in an intensive ten month program designed to develop community leaders who are focused on positive change in and for DeKalb County and the metropolitan Atlanta area.
Charles Van Horn Top Finisher at 5K Corporate Challenge, Legal Runaround
On September 8, 2011, BFV sent a team to Turner Field to participate in the annual Kaiser Permanente Corporate Run/Walk. BFV shareholder Charles Van Horn was the top Male CEO finisher among companies with less than thirty full-time employees for the third year in a row. Associates Neal Weinrich, Kristin Zielmanski, and Sofia Jeong also participated in the race. The race benefits the Atlanta Braves Foundation and the Boys & Girls Clubs of Metro Atlanta and attracts approximately 15,000 participants of all levels of fitness from more than 400 Atlanta companies. BFV has participated in this race year after year.