Georgia has become one of 16 states in the country that bans the use of hand-held devices while driving. Governor Nathan Deal signed “Hands-Free Georgia Act” (House Bill 673) into law on May 2, 2018. The new law takes effect on July 1, 2018.
Articles About Georgia Labor And Employment Law.
Georgia Targets Elder Abuse with Tough New Long-Term Care Background Check Law
A new Georgia law will require nursing home and other long-term care workers to submit to extensive background checks. The “Georgia Long-Term Care Background Check Program” will take effect on October 1, 2019. Georgia joins the majority of other states mandating enhanced satisfactory background check for care workers.
Georgia Supreme Court Clarifies Insurance Company is Not ‘Financial Institution’ in Garnishment Law
An insurance company named as a garnishee in a garnishment action is not a “financial institution” under Georgia’s garnishment statute when the garnishment is seeking earnings owed to its current or former employees.
Non-Compete News: Georgia Court of Appeals Confirms Lack of Geographic or Material Contact Limitation Does Not Invalidate Non-Solicitation of Employees Covenant
Executive Summary: Georgia’s recent Restrictive Covenant Act, enacted in 2011, does not directly address non-solicitation of employees a/k/a non-recruitment covenants, thereby leaving such provisions subject to the principles developed by courts through “common law” (i.e. case law). Because Georgia common law is not well developed on the requirements of employee non-solicitation covenants, employers often second guess the enforceability of such covenants. Fortunately, the Georgia Court of Appeals recently provided some clarification on these covenants in CMGRP, Inc. v. Gallant, No. A17A1168 (Ga. Ct. App. Oct. 4, 2017), where it made clear that non-solicitation of employees covenants do not require geographic or material contact limitations to be enforceable.
Georgia Court of Appeals Confirms Non-Solicitation of Employees Covenant Need Not Have Geographic or Material Contact Language
As previously noted in Jackson Lewis’ Non-Compete & Trade Secrets Report, Georgia adopted legislation governing restrictive covenant agreements entered into on or after May 11, 2011.
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.
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 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.
New Georgia Law Says Franchisors Generally Not Employers of Franchisees or Franchisees’ Workers
The “Protecting Georgia Small Businesses Act” amends Georgia’s Labor and Industrial Relations Code to provide that neither a franchisee nor a franchisee’s employee is considered an employee of a franchisor for “any purpose.” However, the amendment does not apply to the Georgia Workers’ Compensation Code. The Act goes into effect on January 1, 2017.
Georgia Minimum Wage Law Applies to Employees Exempt from Fair Labor Standards Act, State High Court Rules
In-home personal care employees in Georgia were covered by the state’s minimum wage law, the Georgia Supreme Court has ruled, notwithstanding the fact that those employees were exempt from the minimum wage requirements of the federal Fair Labor Standards Act. Anderson v. Southern Home Care Services, et al., No. S15Q1127 (Nov. 23, 2015).
Change in Georgia’s First Offender Act Facilitating Employment to be Applied Retroactively
Legislation overhauling Georgia’s probation system also affects Georgia’s First Offender Act (“GFOA”) (O.C.G.A. § 42-8-60 et seq.), which protects certain criminal defendants from being disqualified from consideration for employment based on their criminal record.
Georgia Garnishment Ruling Modified by Judge, No Longer Applies to Wages
Revising his September 8 decision that Georgia’s garnishment statute is unconstitutional, U.S. District Judge Marvin H. Shoob has issued an order stating that his ruling does not apply to wage garnishment cases filed against a judgment debtor’s employer. Strickland v. Alexander, No. 1:12-CV-02735-MHS (N.D. Ga. Oct. 5, 2015).