Georgia Senate Bill 384, signed into law this year, establishes the State of Georgia as a Model Employer (the “GAME”) Program.1 The GAME Program regulates labor practices of public offices related to the recruitment, hiring, advancement, and retention of qualified individuals with disabilities.2 In creating the GAME Program, Georgia joins at least
Articles Discussing Human Resource Topics In Georgia.
Georgia High Court: Implicit Geographic Scope Sufficient for Valid Employee Non-Solicitation Covenant
The Georgia Supreme Court has held that employee non-solicitation provisions need not contain an express geographic restriction to be enforceable. North American Senior Benefits v. Wimmer, No. S23G1146 (Sept. 4, 2024). It also held that they must be reasonable in light of the totality of the circumstances.
Georgia’s Restrictive Covenants Act Does Not Require That Restrictive Covenants Contain Express Geographic Restriction
In June 2023, the Georgia Court of Appeals held in North American Senior Benefits, LLC v. Wimmer that an employee non-solicitation covenant must contain an express geographic limitation to be enforceable.
Georgia Health Law Update: CON Reform
Weed at Work: Can Georgia Employers Still Drug Test?
Across the United States, a broad legal spectrum has developed regarding the use of marijuana, thus creating great uncertainty among employers that have long striven to maintain drug-free workplaces. Federally, marijuana still is classified as a prohibited Schedule I substance under the Controlled Substance Act. In recent years, many states
Noncompete News: The Eleventh Circuit Addresses Georgia Noncompete Statute in “Sale of Business” Context
Prior to the enactment of the Georgia Restrictive Covenant Act (“RCA”), Georgia courts interpreted noncompete provisions entered into in the context of selling a business differently than they did between employers and employees. Indeed, under prior law, courts were allowed to “modify”—strike out and narrow, but not supply entirely missing terms—an otherwise overbroad noncompete in the “sale of business” context, but could not modify one in the employer-employee context.
Georgia Appellate Court Says Employee Nonsolicitation Covenant Not Enforceable Without Express Geographic Limitation
In a recent decision, a Georgia appellate panel held that an employee nonsolicitation covenant that limits what parties can do following the end of a business relationship must have an explicit geographic limitation to be enforceable under state law.
Georgia Court of Appeals Invalidates Employee Non-Solicitation Provisions Without Geographic Limits
Amid the recent backlash to restrictive covenants across the country, a Georgia Court of Appeals has held that employee non-solicitation provisions must include a geographic limit to be enforceable. North American Senior Benefits v. Wimmer, No. A23A0162 (June 13, 2023).
Voting and Sick Leave for Georgia Employees
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
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