Category Archives: Human Resourses

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 that a

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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

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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

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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

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