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.
Articles Discussing Human Resource Topics In Georgia.
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
Take a Break! Georgia Amends Its Lactation Break Law
The state of Georgia has had a lactation break law on the books for quite some time, but with House Bill 1090 the legislature made some important changes, effective August 5, 2020. As most employers know, the federal Fair Labor Standards Act (FLSA) provides lactation break requirements for employers, so
Georgia Enacts COVID-19 Legal Immunity for Healthcare Providers, Businesses
Georgia Governor Brian Kemp has signed into law Senate Bill 359, which, like legislation enacted by several other states, is designed to protect healthcare facilities, businesses, and other entities from civil liability related to the spread of COVID-19, except in limited situations that include where there is a showing of gross negligence or intentional misconduct.
New Georgia Legislation Requires Employers to Provide Paid Lactation Breaks
Georgia Governor Brian Kemp has signed new legislation requiring employers to provide paid lactation breaks and private locations at the worksite where working mothers can express breast milk. The new law is effective immediately.