On April 4, 2025, the final day of Georgia’s legislative session, Governor Brian Kemp signed into law a “religious liberty” bill that will strengthen protections for the free exercise of religion by prohibiting state and local government actions that substantially burden religious practices or activities. However, Georgia lawmakers left on
Articles Discussing Human Resource Topics In Georgia.
“In Any Capacity” Language Dooms Georgia Non-Compete Provision
struck down non-compete provisions that used “in any capacity language”, i.e., a non-compete that prohibited an employee from working for a competitor in any capacity and not limited to the services that the employee performed for his former employer. Recently, in All States AG Parts, LLC v. Herzig (February 2025), the Georgia Court of Appeals followed the pre-GRCA rationale and struck down what it deemed to be an overbroad non-compete.
Georgia Court’s Ruling on Rycroft Defense Signals Key Limitation for Employers
The Georgia Court of Appeals limited the application of the Rycroft defense, ruling an employer may waive the right to deny Workers’ Compensation benefits for a subsequent injury once they continue to employ a worker after learning of a prior undisclosed injury
Georgia Bill Introduced to Not Tax Overtime Compensation: 4 Employer Considerations
TakeawaysThe new bill is broader than the FLSA and, if passed, would apply to all businesses.The bill proposes a reporting requirement for all Georgia businesses.If the Georgia bill is passed, there may be greater incentive for employees to bring overtime claims under the FLSA.If the bill becomes law, there may be a tax incentive to switch some salaried employees to an hourly rate.Related link
Georgia As a Model Employer for Individuals with Disabilities
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
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