The Georgia state legislature passed immigrant legislation (HB87) on April 14, the final day of its 2011 session. Governor Nathan Deal is expected to sign the sweeping immigration bill into law as early as today. HB87 mandates that companies with more than 10 full-time employees register with the federal E-Verify program to check the legal status of new hires and creates the offense of “aggravated identity theft†for the use of false information. In addition, it allows the police to question individuals about their immigration status and mandates sanctions for those who harbor or transport undocumented migrants.
Articles About Georgia Labor And Employment Law.
Debate Brewing on Effective Date of Georgia’s New Non-Compete Law.
Even though Georgia’s voter-approved constitutional amendment for a sweeping new restrictive covenant law said it would take effect upon ratification, a debate has been developing in the state over whether that is the effective date. (For more information on the new law, see our article, Georgia Voters Approve New, Employer-Friendly Non-Compete Law.)
Georgia Voters Approve New, Employer-Friendly Non-Compete Law
This Election Day, joining the majority of states, Georgia became a state where restrictive covenants should be regularly enforced. Voters in Georgia approved a constitutional amendment permitting a new restrictive covenant law to take effect immediately. The new law is a sweeping change for the state. For the first time, Georgia has a law that identifies specific language necessary for enforceability, identifies the types of individuals and entities that can be parties to covenants, allows courts to “blue pencil” covenants, creates an undue hardship exception to the enforcement of covenants, and removes time restrictions on the protection of confidential information.
Federal Appeals Court Upholds Broad Non-competition Covenant Signed in Sale of a Business in Georgia
While Georgia’s appellate courts generally disapprove of restrictive covenant agreements, the Eleventh Circuit Court of Appeals has reminded potential business buyers that Georgia courts will enforce broad restrictive covenant agreements when they are entered into ancillary to the sale of a business. Mohr et al. v. BNY Mellon, No. 10-11890 (11th Cir. 2010).