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Total Articles: 10

Georgia's New Kin Care Law: Who is Covered and What It Means for Employers

Overview: On May 8, 2017, Georgia Governor Nathan Deal signed Senate Bill 201, now known as Act 203, into law. The law went into effect on July 1, 2017. In short, the new law requires covered employers, who provide paid sick leave to employees, to allow those employees to use some sick leave to care for immediate family members. The law does not create a new cause of action, which means an employee cannot bring a private suit against her or his employer under the new law.

New Georgia Law Preempts Predictive Scheduling Ordinances

Georgia’s Minimum Wage Law (O.C.G.A. § 34-4-1 et seq.) already prohibits local governments from requiring employers to pay employees a wage rate that exceeds what is required under state or federal law. This same law also prohibits local governments from requiring employers to provide employment benefits not otherwise required by state or federal law. And on May 8, 2017, Governor Nathan Deal signed a law that adds an amendment further prohibiting Georgia localities from passing “predictive scheduling” ordinances.

Q&A: Georgia’s New Paid Sick Leave Law

On May 8, 2017, Georgia Governor Nathan Deal signed into law the Family Care Act, a new statute requiring certain employers to allow their employees to use up to five days of their available paid sick leave to care for immediate family members. This new law takes effect on July 1, 2017. What follows are several important questions and answers regarding the Family Care Act’s requirements, as well as a number of key takeaways for employers.

Georgia Enacts Kin Care Law

Beginning July 1, 2017, large employers in Georgia that offer paid sick leave will be required to permit their employees to use some of it to care for their immediate family members.

Georgia’s New Sick Leave Law Appears To Be More Bark Than Bite

Many workers in Georgia who receive sick leave from their employers will soon be entitled to use such leave to care for family members, thanks to a new law signed into effect by Governor Nathan Deal last week. The new law does not require Georgia employers to provide sick leave, rather it allows employees to use already earned sick leave for the care of immediate family members. Accordingly, it is not expected to add significant burdens to employers in the state.

Georgia Laws Endorse ‘On Call Scheduling’ Practice and Provide Limited Paid Sick Leave Protections

Georgia Governor Nathan Deal has signed into law a measure preempting any local wage laws or requirements that employers compensate employees for changes related to employee schedules. Act 221 (H.B. 243) continues Georgia’s tradition of promoting an employer-friendly environment, particularly for retail businesses and restaurants.

What Does it Mean to “Modify” an Unenforceable Non-Competition Covenant Under Georgia’s Restrictive Covenants Act?

Although Georgia’s Restrictive Covenants Act has been on the books since the spring of 2011, no judge has decided the exact scope of Georgia courts’ blue-penciling abilities – until now. In a case of first impression, Judge Thrash of the United States District Court for the Northern District of Georgia, in LifeBrite Laboratories, LLC v. Nina H. Cooksey, 1:15-cv-04309 (N.D. Ga. Dec. 9, 2016), held that the term “modify” in Georgia’s Restrictive Covenants Act limits blue-penciling to striking unreasonable restrictions and to narrowing overbroad, existing terms.

Non-Compete News – Georgia Court Interprets Georgia's Blue Penciling Statute

It’s time to bring back FordHarrison’s Non-Compete News! And what better way to kick off 2017 than with Lifebrite Labs, LLC v. Cooksey (N.D. Ga. December 2016), Georgia’s first-ever published decision interpreting how a Georgia court may modify a non-compete provision that is overbroad under Georgia’s Non-Compete Statute, O.C.G.A. 13-8-51 et al. a/k/a the “blue penciling” statute.

Georgia Magistrate Judge Limits OSHA Safety Inspections in Poultry Plants

The Occupational Safety and Health Administration is fighting a Gainesville, Georgia, magistrate judge’s recommendation that would restrict its new regional worker-safety program aimed at poultry processing facilities.

The Dearth of Restrictive Covenant Case Law in Georgia

It was five years ago this week (May 11, 2011, to be precise) that Georgia's new restrictive covenant statute went into effect. Prior to the effective date of the statute, Georgia was (surprisingly for many out-of-state lawyers and businesses) one of the hardest states in which to enforce a restrictive covenant. As the Georgia Supreme Court stated in a a self-deprecating manner in Fuller v. Kolb, "Ten Philadelphia lawyers could not draft an employer-employee restrictive covenant agreement that would pass muster under the recent rulings of this court." (No one knows why Justice Ingram selected Philadelphia as the home of the most astute lawyers in the country, but I'm sure that the lawyers in our Philadelphia office would whole-heartedly agree.) The Georgia Supreme Court made this comment in 1977, well before the case law on restrictive covenants proliferated and became difficult for all but the most experienced practitioners to navigate.