Update on the Confusing Changes to Georgia’s Restrictive Covenants Law (Covenants Not to Compete, Not to Solicit Customers, Not to Solicit Employees and Not to Disclose Confidential Information)

Georgia has had a great deal of activity in the past few years regarding its laws governing restrictive covenants in employment agreements.   The result has been a great deal of uncertainty, even though (ironically) the stated reason for much of the activity was to provide certainty.  Here is a summary of what has happened to […]

EEOC Experiences Record Number of Charges for FY 2011

The EEOC has reported that it received 99,922 charges during FY 2011.  Of these, the largest number were claims of retaliation.  Indeed, the trend seems to be that retaliation claims will be pursued even when the underlying discrimination claim seems to have no merit.  Of the remaining claims filed in FY 2011, 35% alleged race […]

U.S. Supreme Court requires warrant for GPS tracking.

The U.S. Supreme Court has issued its long-awaited ruling on the use of GPS tracking by law enforcement.  The Court concluded that in most instances a search warrant is required.  Stay tuned for a longer post analyzing this decision in a few days.

U.S. Supreme Court Rules That the First Amendment Religion Clauses Trump the Americans With Disabilities Act

The U.S. Supreme Court has issued the long-awaited decision in Hosanna-Tabor v. EEOC on the intersection of employee disability law with the religion clauses of the First Amendment to the Constitution.  The religion clauses won.  Stay tuned for a longer post in a few days.

Should Employees Be Allowed to Use Their Own Electronic Devices for Work?

There is a constant tug of war in some industries between employees who want to decide for themselves what electronic devices to use for their work, and employers that are uncertain whether allowing such an option would be good for the employer.  The use by employees of their own personal electronic devices, such as PCs, […]

Now is the Time to Make Sure That Your Independent Contractors are Really Independent Contractors and Not Employees

Most businesses have figured out that W-2 employees must have taxes deducted from their paychecks, and that the business must remit a variety of employee and employer taxes to various governmental authorities on behalf of each of its employees.  This means that the employer must keep track of the taxes that are deducted from each […]