Blog
Guidelines for Non-Compete Agreements
Employers often use non-compete agreements to restrict employees from working for competitors and to protect proprietary business information. However, given today’s uncertain economic environment, courts are more reluctant to enforce agreements that place unreasonable restrictions on an employee’s ability to seek and maintain gainful employment. As such, in order to increase the likelihood...
UPDATE Client Alert: New Law Overturns Requirement That Employers Use Attorneys to Answer Garnishments
On February 8, 2012, Governor Deal signed off on new legislation that will allow employers to execute and file garnishment answers without the involvement of an attorney. The measure, SB 683, was proposed by the legislature in response to a September 12, 2011, Georgia Supreme Court ruling that businesses were required to enlist the assistance of a licensed Georgia attorney in order to file an...
Client Alert: New Law Overturns Requirement That Employers Use Attorneys to Answer Garnishments
As of September 12, 2011, businesses now need to enlist the assistance of a licensed Georgia attorney in order to file an Answer to a Summons of Garnishment. The new procedures are the result of the Georgia Supreme Court’s adoption of an advisory opinion of the State Bar of Georgia that a non-lawyer employee answering a garnishment is engaging in the unauthorized practice of law. The Georgia...
Preparing enforceable settlement documents outside of the settlement stipulation
When settling claims made by an employee or when drafting severance agreements, employers should take some steps to ensure that their General Release and Settlement Agreement will be enforceable. Remember that these agreements should always be between the employer and the plaintiff/claimant - the insurer preparing and executing these documents will not protect the employer/insured! 1. The...
Navigating Uncharted Waters: Bringing Your Company Into Compliance With New and Existing Employment Laws
The start of a new year is a good time to review employee manuals and practices to ensure that they are up-to-date and compliant with state and federal law. Several significant changes to federal employment laws which were enacted in 2008 are now in effect. Failure to comply could expose your company to significant legal liability. Below is a summary of the issues you should be considering:...
Conducting HR Audits under the Ledbetter Act of 2009
On January 29, 2009, President Obama signed the Lilly Ledbetter Fair Pay Act into law. The Act amends the statute of limitations for filing a lawsuit (EEOC, ADA, and other labor law based suits) for pay discrimination. The statute now begins to run each time an individual is affected by the application of a discriminatory compensation decision or practice. Accordingly, if someone is alleging...
Use Caution Before Terminating Employees
Some states’ workers’ compensation laws allow an employer to replace an employee who is out on workers’ compensation leave if business necessities require the position to be filled. However, before terminating an injured worker, employers should consider whether any federal anti-discrimination laws are implicated. For example, under the Family and Medical Leave Act (FMLA), an employee is...
Drafting Effective Releases
When settling claims made by an employee or when drafting severance agreements, employers should take some steps to ensure that their General Release and Settlement Agreement will be enforceable: The Release Must Be Supported By Consideration - The employee must receive some benefit to which they were not otherwise entitled, even if it is some nominal amount. If an employer is including a...
Procedural and Substantive Requirements for Discovery of HIPAA Information
The Georgia Supreme Court recently ruled that ex parte interviews with a plaintiff’s medical providers may be conducted under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). However, procedural requirements for protecting information disclosed during such interviews must be satisfied. See Baker v. Wellstar Health Systems, Inc., No. S10A0994 (June 1, 2010). In Baker,...