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Cumming Legal Issues Blog

Business litigation: Kohls in the news for shorting workers pay

Kohls is a retailer seen here in Georgia and in states all across the country. It is home to 1,100 assistant managers who take on heavy roles in their buildings, between handling managerial duties and handling work normally assigned to hourly employees. This they do without overtime pay. The lack of extra pay has lead a few assistance managers to pursue legal claims against the company. Sadly, business litigation over pay is not uncommon.

According to a recent news report, three assistant managers from three different Kohls stores in the Northeast have filed claims against the company for lack of overtime pay. These individuals claim that they consistently work over 40 hours per week doing task primarily assigned to regular hourly employees. These individuals are looking for compensation for themselves and any other assistant managers within the company who have not been paid for their time.

Georgia man charged with felony animal cruelty

Police in DeKalb County recently arrested a man who allegedly threw a dog from the Interstate 20 overpass. This incident occurred near the end of June. This individual has since been charged with felony animal cruelty. The consequences attached to a felony level conviction can be quite severe. An experienced criminal defense attorney will be able to help this man navigate the Georgia criminal court system and seek the best outcome possible.

On July 3, it was reported that a 48-year-old male was witnessed throwing a dog off the I-20 overpass near Wesley Chapel Road. Several individuals who saw the event detained the gentleman at the scene until police arrived. He was promptly arrested and transported to the Dekalb County Jail. Bond was set in his case at $5,000. It is unclear if he was able to make bail.

Will your child custody agreement work this coming school year?

While it may only be the middle of summer, the school year is fast approaching. Even if you do not want to think about it, now is a good time to review your child custody agreement and make sure it will still work when the kids head back to school. Some parents in Georgia may find modifications are necessary.

Wondering how you can know if you current custody plan with suffice? There is one question you can ask yourself: Is the current arrangement going to fit with the change in your daily schedule? When the lazy days of summer are over, children go back to school, they get involved in sports, then get signed up for a million other things that take their time away from home. How do these activities fit into your current schedule? If they don't, either something has to give or a custody adjustment is needed.

Man facing DUI and other charges after incident at Lake Lanier

Police in Georgia recently arrested a man after receiving a call about an incident at Lake Lanier. The accused is facing DUI and various other charges. As the event involved a minor, the potential penalties in this case are quite severe.

It was recently reported that on Wednesday, July 4, a 30-year-old man was swimming underwater when he came up to a 14-year-old girl and allegedly bit her. Police say this individual was not related to the victim or has any connection to her or her family. Witnesses are said to have called the police.

Is your estate plan ready for estate administration?

Some time ago you created an estate plan. You believe it will do its job and protect your assets and your family as is, but are you sure? Does it take into account any law changes that affect the estate administration process in Georgia? If you are not sure, now is a good time to have your plan reviewed and modified, if needed.

You like many Georgia residents may want to believe that estate planning is kind of a one-and-done deal, but for numerous individuals, it is not. When an estate plan is created when a person is a young or middle-aged adult, a lot can happen between then and his or her death. Even if an estate plan is created during one's retirement years, there may be reasons to modify it a bit. Not only do life changes occur, but law changes occur as well.

3 estate planning actions to take if you are getting a divorce

Divorce is never easy. It is not only hard on your emotions, but it gives you a big to-do list that may feel stressful. One of the most important things to take care of is your estate plan. 

You should analyze your estate planning documents and update them as soon as possible. If you wait too long, your ex-spouse may inherit a significant portion of your assets. The process may feel intimidating, but there are just a few simple steps you should take. 

Don't let breach of contract disputes ruin your business

Business owners in Georgia and elsewhere go through a lot to keep their companies up and running. The sad reality of things is that something like contract disputes can ruin everything they have built. If one is accused of breaching a contract or is dealing with a breach of contract issue, the financial fallout can be significant.

There are a couple of ways to handle contract disputes. The first method usually tried is alternative dispute resolution, which may come in the form of arbitration or mediation. Basically, this means that both parties agree to talk things out in order to resolve the problem and come to terms on damages. ADR can help find a solution to the problem quickly and quietly. It also tends to cost less than litigation.

DUI and the HGN

Georgia residents who are suspected of driving under the influence of alcohol may be asked by law enforcement officers to participate in field sobriety testing. One common test used to check for DUI is the horizontal gaze nystagmus. What exactly is this test, what are officers looking for, and is it an accurate indicator of impairment?

Nystagmus is a term that refers to the natural jerking motion the eye makes when rolled to the side. When a person is impaired, this jerking motion is said to be exaggerated. With the HGN, an officer will ask a test participant to look directly at an object, such as the tip of a finger, pen or flashlight, and follow the object with his or her eyes. A non-impaired individual will be able to do this smoothly and with little eye jerking. An impaired individual will not have smooth eye tracking, and eye jerking will occur well before the eye reaches maximum deviation.

Driver who hit police car arrested for DUI

The driver who hit a police car in Georgia while the officer was helping another motorist has been arrested. Impairment is believed to be a factor in this case. As such, the accused has been charged with DUI and various other violations.

According to a recent news report, in mid-June, the Forsyth County Sheriff's Department posted a picture of a crushed police cruiser on its Facebook page. With this picture, they posted a message about the need to change lanes when coming up on an officer working on the side of the road. The police cruiser may have been totaled but the officer was uninjured, as he or she was not in the car when it was struck from behind by a passing vehicle.

What to expect at a zoning hearing

Real estate developers and brokers in Georgia and elsewhere see land for all of its possibilities. The problem facing individuals in these positions is zoning. Getting a plot of land rezoned for a specific use is not necessarily easy. There is a whole process to it, part of which involves attending one or more hearings. What can one expect at a zoning hearing?

Those who wish to have property rezoned for certain purposes have to submit a proposal to the local zoning board. An official request can be submitted in writing. With the request, one can submit plans for the property and information as to why the change will be good for the area. All of this information will also be shared in person at a zoning hearing. Know that it can take months before one's request will be heard before the zoning board, and it can take months or years to achieve approval -- it all depends on the type of project planned.

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Miles Hansford & Tallant, LLC
202 Tribble Gap Road Suite 200
Cumming, GA 30040

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