Executive Summary: The Eleventh Circuit recently addressed one of the most confusing questions surrounding Georgia’s new Restrictive Covenant Act (RCA): did the law become effective on November 3, 2011, as the General Assembly intended, or did it become effective May 11, 2011, when the legislature reenacted the statute? In answer to this question, the Eleventh Circuit held unequivocally that the new law did not become effective until May 11, 2011. Accordingly, Georgia’s pre-existing law governing restrictive covenants applies to all non-compete agreements signed during the “gap period” between November 3, 2010 and May 11, 2011.
Home > State Law Articles > Georgia > Restrictive Covenants (GA) > Noncompete News – Eleventh Circuit Holds That RCA Does Not Apply to Non-Competes Signed Before May 11, 2012