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Employment and Labor Law
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How Georgia Senate Bill 362 Might Affect Union Formation

Passed in one house and awaiting review in the other, Georgia Senate Bill 362 potentially could discourage union membership among businesses within the state. The bill aims to prevent businesses from collecting certain state-funded economic development benefits unless their employees’ decision to join a union is made through a secret ballot. Many legislators and business Read More

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How Georgia Regulates Restrictive Covenants in Employment

In 2011, Georgia adopted landmark legislation governing the use of restrictive covenants in employment contracts. It expressly permits noncompete, nonsolicit and nondisclosure agreements and sets presumptively reasonable scopes and time limits for enforceability. This statute represents a broad reform of state law, but not all employment situations are covered. The Georgia Restrictive Covenants Act (GRCA) Read More

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Employment Disputes That Are Well-Suited for Arbitration

Arbitration is a legal process often used as an alternative to litigation in resolving disagreements in the workplace. Employers can require employees to agree to arbitration of certain disputes as a condition of employment. These agreements are generally enforceable as long as they do not intrude on a federally protected right. In addition, employees can Read More

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What Are Your Remedies if You’re Paid Unequally Based on Sex

Employees in Georgia are protected by federal and state equal pay laws. The principal statute is the Equal Pay Act, which requires employers to pay workers the same wage for similar work regardless of their gender. The state version essentially tracks the federal law. The Equal Pay Act prohibits pay discrimination on the basis of Read More

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Your Remedies if Your Employer Fails or Refuses to Pay You Overtime

If you work overtime, you are likely entitled to be paid at a higher than usual rate, known as “time and a half.” You might be surprised to learn that Georgia does not require the payment of an overtime premium, but federal law does, and employers in Georgia must comply with federal law. If yours Read More

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How Can an At-Will Employee Prove Wrongful Termination?

In Georgia, as in many states, most workers are “at will” employees, which means they generally can be terminated without cause. However, terminations cannot be in violation of federal laws against workplace discrimination or of laws that protect employees from retaliation for asserting their rights. If you have been fired for reasons you believe are Read More

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Georgia Appeals Court Ruling Clarifies Limits on Non-solicitation Covenants

A non-solicitation agreement prohibits former employees of a company from seeking to lure away the company’s existing clients and from hiring or recruiting the company’s other employees. Georgia’s Restrictive Covenants Act requires that non-solicitation agreements contain reasonable restrictions on the geographic area covered, but there has been some uncertainty about statutory exceptions to the restriction. Read More

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Common Disputes Among Business Owners in Georgia

Business owners can come face to face with a wide range of external threats that can harm their companies, such as economic conditions, natural disasters and even government regulations. But problems don’t always come from the outside. Internal disputes among co-owners and/or executives and managers can cripple a business. It’s important for business partners to Read More

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Mistakes in Drafting that Can Make an Employment Contract Void

Georgia is known as an at-will employment state, which means most workers serve at the pleasure of their employers. Certain employees have contracts that guarantee compensation levels and other terms consistent with set performance expectations. While contracts can effectively spell out the rights and obligations that employees and employers have towards each other, mistakes in Read More

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The Test for Constructive Discharge: When Is a Workplace So Unbearable That You Have to Quit?

Job dissatisfaction can arise for many reasons, some personal and some driven by employer conduct. If you believe you are being mistreated at work to the point where you feel you have no choice but to quit, you may be able to claim a constructive discharge. That means you may be eligible to recover money Read More

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