Georgia Employers Must Become Familiar With State’s New Paid Leave Law
7/9/18
By: Will Collins Across the country, there are an increasing number of state laws requiring that employers provide paid sick leave, including paid leave for the care of a family member. For instance, under the Georgia Family Care Act, which went into effect in July of 2017, employees who work at least 30 hours per…
Georgia’s Making a List and Long-Term Care Organizations Must Check It Twice
5/24/18
By: Will Collins This month, Georgia’s Governor signed into effect a law implementing a comprehensive background check system in an effort to target and curb elder abuse, placing additional screening, notice, and retention requirements on long-term care organizations as well as presenting liability landmines and safe-harbors that these organizations should be cognizant of moving forward.…
Recent Cases Remind Georgia Employers to Update Restrictive Covenant Agreements
11/6/17
By: Amy C. Bender Many employers, in an effort to protect their valuable personnel and information, require employees to sign agreements containing restrictive covenants, which may include covenants not to compete, not to solicit employees or customers, or not to disclose confidential information. Georgia’s statute on restrictive covenants (O.C.G.A. § 13-5-80 et seq.), which was…
Employee Claim is Scattered, Smothered, and Covered by Waffle House Arbitration Agreement
10/19/17
By: Brad Adler and Will Collins A recent Georgia Court of Appeals case not only reinforced that state law permits the Federal Arbitration Act (“FAA”) to control arbitration agreements, but also illustrated that state law broadly interprets and defines claims arising from employment when determining whether a claim is covered by an arbitration agreement. In…
Federal Circuit Scorecard – Title VII & Sexual Orientation Discrimination
10/13/17
By: Michael M. Hill A Georgia case is in the running to be the one the Supreme Court uses to resolve the question of whether Title VII of the Civil Rights Act of 1964 (which prohibits employment discrimination on the basis of sex and certain other characteristics) also includes discrimination on the basis of sexual…
Whistling While You Work: Nurses’ Complaints about Internal Procedures Not Protected Under Georgia Whistleblower Act
8/15/17
By: Robyn M. Flegal In late June 2017, the Georgia Court of Appeals held that expressions of general safety concerns do not rise to the level of activity protected by Georgia’s Whistleblower Statute – no matter how well-founded or well-intended. The court reached its conclusion after considering a retaliation action brought by two nurses who…
Georgia Firefighter Standards & Training Council Issues Proposed Amendments to Rules for Cancer Insurance Coverage
7/31/17
By: Pamela F. Everett On July 14, 2017, we published a blog regarding House Bill 146 which amended O.C.G.A. §25-3-23 to provide cancer insurance coverage to fire fighters. This Bill, which becomes effective January 1, 2018, requires that all Georgia cities, counties and private companies with legally organized fire departments purchase and maintain cancer insurance…
Georgia Passes New Sick Leave Law
5/31/17
By: Brad Adler As spring was rolling into Atlanta, so was momentum for the Georgia legislature to pass a new sick leave law for Georgia employers. Finally, in late March, Georgia passed SB 201, which requires employers who offer sick leave to allow employees to use their sick leave to care for immediate family members. The new…
Trump Has Opportunity to Appoint 4 Judges to Federal Bench in Georgia
3/31/17
By: Amanda M. Cash While the national media is focused on President Trump’s appointees for positions such as Labor Secretary and the Supreme Court, Georgia employers may not realize that President Trump has the opportunity to make a direct impact on the Georgia legal scene. There are several vacant positions on the Georgia federal bench…
Eleventh Circuit Says No Title VII Protection for Sexual Orientation Discrimination
3/17/17
By: Amanda Hall A split three judge panel from the Eleventh Circuit Court of Appeals ruled that there is no Title VII protection for sexual orientation discrimination. In Evans v. Georgia Regional Hosp. et al., Eleventh Circuit Judges William Pryor and Robin Rosenbaum, as well as District Judge Martinez, sitting by designation from the Southern…
Breaking News – Puzder Withdraws from Consideration to be Secretary of Labor
2/15/17
By: Paul H. Derrick Andy Puzder, President Trump’s nominee for Secretary of Labor, has withdrawn his name from consideration after being plagued by criticism since his nomination. Union leaders and prominent Democrats have been among his staunchest critics. Puzder’s decision to step down comes a day before his Senate confirmation hearing was set to begin. Just hours…
Be on the Lookout for Minimum Wage Increases in 2017
12/20/16
By: Brad Adler and Agne Krutules As we enter into 2017, employers should remember that, while the federal minimum wage remains at $7.25, many state and local jurisdictions have passed legislation that will increase their respective minimum wage in 2017. Below is a list of the states and some of the major local governments that…