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State Employment Law Articles
Article Index » georgia: 10 Most Recent Articles Report Link Georgia's Parking Lot Law Has Less Bang for Employers Then Predicted.Littler Mendelson, P.C. - June 12, 2008 Georgia is a state where many employees in both rural and urban areas own guns; many are licensed to carry those guns; and many commute long distances and leave their guns in locked compartments of their vehicles parked on company property during work hours. Knowing this, many employers worry about their liability risks for possible workplace violence and prohibit bringing guns onto company property, even the parking lots. Report Link New GA Gun Law Will Impact Employers.Elarbee, Thompson, Sapp & Wilson, LLP. - June 03, 2008 On May 14, 2008, Georgia Governor Sonny Perdue signed into law the “Business Security and Employee Privacy Act.” The Act, which becomes effective July 1, 2008, amends existing law regarding the carrying of firearms at public gatherings, and imposes new restrictions on employers regarding the conditioning of employment based upon the possession of a firearm. The Act appears to provide civil remedies for individuals and certain immunities for employers, although the extent of both of these is less than clear. Report Link Georgia Enacts New Gun Law: All Employers Affected.Fisher & Phillips, LLP - May 21, 2008 After years of lobbying by gun rights groups in its favor, and by business associations in opposition, Georgia Gov. Sonny Perdue signed the "Business Security and Employee Privacy Act" on May 14. This Act expands the areas in which holders of firearm licenses may legally carry concealed weapons – and places some limitations on employers’ rights. Report Link Georgia's New "Parking Lot Law" Permits Employees to Bring Concealed Weapons to the Workplace.Jackson Lewis LLP - May 21, 2008 Over heavy opposition from Georgia employers and advocacy groups, Georgia Governor Sonny Perdue has signed into law a bill that allows individuals who lawfully possess a concealed weapon to store it in a locked vehicle in their employer's parking lot. The law, approved on May 14, 2008, dubbed the "parking lot bill," prohibits employers from maintaining or enforcing a policy that bans concealed weapons from company property and significantly limits an employer's right to search private vehicles of employees or invited guests. Report Link Georgia Court Limits Non-Solicitation Agreements.Fisher & Phillips, LLP - April 17, 2008 A recent decision by the Georgia Court of Appeals concerning restrictive covenant agreements (such as non-compete agreements and non-solicitation of customer agreements), may make enforcement of even recently drafted agreements much more difficult. In light of this decision, it may be wise to consider revising your restrictive covenant agreements which apply to Georgia employees. Report Link Georgia Court of Appeals Reiterates Narrow Scope of Non-Solicitation Clauses.Ford & Harrison LLP - March 24, 2008 In a recent opinion, the Georgia Court of Appeals reversed a trial court’s decision to uphold the validity of non-solicitation and non-compete clauses in an employment agreement. The appellate court’s reversal of the trial court decision was premised on a strict reading of Georgia case law that delineates the permissible scope of non-solicitation clauses. Report Link Georgia Department of Labor Issues Rules for Compliance with Georgia Immigration Law.Ford & Harrison LLP - December 20, 2007 The Georgia Department of Labor (“DOL”) has issued rules relating to compliance with the requirements of the Georgia Security and Immigration Compliance Act of 2006, O.C.G. A. 13-10-91. As noted in the April 2007 edition of Management Update, this law requires contractors and subcontractors who have contracts with the state of Georgia or any of its agencies to verify the employment eligibility of their employees through a federal work authorization program. Report Link Georgia Court Rules On Enforceability Of Non-Compete.Ogletree Deakins - October 22, 2007 The Georgia Court of Appeals recently held that a covenant not to compete included in an employment agreement was unenforceable because it failed to specifically identify the post-employment activities in which the former employee could not engage. The court ruled that another provision of the employment agreement prohibiting the employee from terminating her employment for one year was valid, however, even though the agreement also specified that her employment was at-will. Avion Systems, Inc. v. Thompson, No. A07A1488, Georgia Court of Appeals (July 10, 2007). Report Link Georgia Implements State-Enforced Immigration Compliance Bill.Littler Mendelson, P.C. - June 26, 2007 On April 17, 2006, the State of Georgia joined the national trend of states passing immigration compliance statues by passing Senate Bill 529, the Georgia Security and Immigration Compliance Act of 2006. SB529 becomes effective July 1, 2007, even though there are many unanswered questions regarding which employers are required to comply with the law. Georgia's law also continues the national trend of confusion around complying with the various state statutes. Employers now have to navigate not only federal law in regards to immigration compliance, but also state statutes that vary from state to state. This additional burden comes on the heels of a new environment of criminal persecution by the Immigration and Customs Enforcement. Report Link Restrictive Covenant Developments in 2006 - Georgia & Texas.Elarbee, Thompson, Sapp & Wilson, LLP. - January 04, 2007 In 2005, two Eleventh Circuit Court of Appeals’ decisions validated a “race to the courthouse” approach in restrictive covenant litigation. As a result, employers seeking to enforce their restrictive covenants were confronted with additional strategic questions regarding the timing and venue of restrictive covenant litigation. In-house counsel were legitimately concerned about the possibility that in 2006 the courts would make it even more difficult for employers to protect their confidential information, customer relationships, and other proprietary interests. Surprisingly, 2006 brought some good news for employers in this arena. Even more surprising, however, were the sources of this good news – the Supreme Courts of Georgia and Texas. While neither venue is known for employer-friendly decisions in restrictive covenant litigation, they produced two significant victories for employers in 2006.
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December 2, 2008 Fredrikson |
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