A new Georgia law takes effect on July 1, 2023 (GA S 129), that provides employees time off to advance vote in primaries and elections. This new measure amends existing law and, among other things, provides time off for employees to advance vote and revises provisions related to time off
Articles Discussing Human Resource Topics In Georgia.
Cap on Punitive Damages is Constitutional, Georgia Supreme Court Holds
A $250,000 cap in punitive damages is constitutional, the Georgia Supreme Court has confirmed, upholding the trial court’s decision to substantially reduce a $50 million verdict to $250,000. Taylor v. Devereux Found., Inc., Nos. S22A1060, S22X1061, 2023 Ga. LEXIS 63 (Mar. 15, 2023).
Atlanta Amends Anti-Discrimination Ordinance to Include Protections for Gender Expression and Criminal Histories
The City Council of Atlanta, Georgia recently passed an ordinance that amends its existing anti-discrimination law to include protection on the basis of “criminal history status” as well as “gender expression.” The ordinance is effective immediately.
With regard to gender expression, the law simply amends existing law to include
New Georgia Employment Laws Change Definition of Employment, Restrict Local Laws Regulating Work Hours
Georgia Governor Brian Kemp has signed into law two measures addressing the employment relationship. The first, Act 809 (H.B. 389), alters the definition of employment for purposes of unemployment benefits.
3 Ga. Bills That Died In The Latest Legislative Session
Atlanta Partner, Rick Warren, was featured in the Law360 Pulse article, “3 Ga. Bills That Died In The Legislative Session.”
In the article, Rick discusses why Georgia legislators rejected state bill H.B. 1389 or the “Georgia Safe Workplaces Act,” in the last legislative session.
GA District Court’s Federal Contractor Vaccine Mandate Injunction Upheld by Eleventh Circuit – Should Federal Contractors Now Worry About ETS?
On December 7, 2021, the United States District Court for the Southern District of Georgia issued a preliminary nationwide injunction enjoining the enforcement of Executive Order 14042’s federal contractor vaccine mandate. The government promptly appealed the order to the United States Court of Appeals for the Eleventh Circuit, and also moved to stay the injunction.
Georgia Courts Cannot Toll Duration of Noncompete Agreement, Even Against Willful Violator
Since the passage of the Georgia Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.) in May 2011, there has been some level of uncertainty regarding the extent to which a court may “blue pencil” or modify an otherwise unenforceable covenant, including whether a court may extend the restrictions period of
Georgia 2021: Unemployment Benefit Developments
Georgia employers may be experiencing some whiplash from the latest updates to the state’s unemployment and partial unemployment rules and regulations in the wake of the COVID-19 pandemic.
Atlanta Mayor Issues Indoor Mask Mandate Due to CDC Guidance and Increase in COVID-19 Cases
On July 28, 2021, Atlanta Mayor Keisha Lance Bottoms issued an indoor mask mandate via executive order that requires “all persons in an entity or a public place [to] wear a facial covering or mask over the mouth and nose at all times when indoors.”
Non-Compete News: Restrictive Covenant Act Case Decided by Georgia State-Wide Business Court
In May 2011, Georgia’s Restrictive Covenant Act (OCGA 13-8-50 et seq.) (“RCA”) became effective and applied to all agreements executed on or after May 11, 2011.
New Georgia Decision Clarifies Scope of Computer Trespass Statute
Just as the United States Supreme Court recently limited the reach of the federal Computer Fraud and Abuse Act (“CFAA”) in Van Buren v. United States, the Georgia Supreme Court has now reined in the Georgia state law counterpart to the CFAA.
Georgia Prohibits COVID-19 ‘Vaccine Passports’ for Public Employers, Also Limiting Private Employers
While many states have issued orders prohibiting inquiries about an individual’s COVID-19 vaccination status, Georgia has become the first to restrict public employers from requiring proof of a COVID-19 vaccination as a condition of employment.
Georgia Prohibits State-Implemented COVID-19 Vaccine Passport Programs and Restricts Disclosure of Individuals’ Vaccination Status
On May 25, 2021, Governor Brian Kemp signed an Executive Order (Order) prohibiting any state agency, provider of state services, or state property from implementing a Vaccine Passport Program (VPP)1 or otherwise requiring an individual to provide proof of COVID-19 vaccination. The Order further states that no data from the
Ambiguous Offer of Judgment Cannot Support Attorney’s Fees Award, Georgia Court of Appeals Holds
An unaccepted offer of judgment that contains internal inconsistencies and ambiguities as to its scope is neither enforceable nor supports an award of attorney’s fees under Georgia’s Rule 68. Reversing a trial court’s $837,445 award of attorney’s fees to defendants, the Georgia Court of Appeals held the defendants’ offer of
Peach State Garnishment Update – 2021 Changes
Effective January 1, 2021, several key components of Georgia’s existing garnishment code were amended. The main changes are discussed below.
Who Can Be Served?
Plaintiff-creditors may now serve garnishments on a defendant-debtor’s employer or another person or entity “under periodic obligations for payment” to the defendant-debtor.
Calculating Disposable Earnings