U.S. 11th Circuit Court of Appeals Takes a Stab at Clarifying Effective Date of Georgia’s New Law Regarding Restrictive Covenants

I have posted several articles discussing Georgia’s confusing efforts to codify its laws governing restrictive covenants such as noncompetes, nonsolicitation agreements and nondisclosure agreements that have now resulted in three different sets of rules governing restrictive covenants.  (The determination of which set of rules to apply depends on the date the agreement was signed.)  My […]

11th Circuit Court of Appeals Holds that a Cause of Action Exists for Retaliatory Hostile Work Environment

The U.S. 11th Circuit Court of Appeals (one of 11 courts that are one step below the U.S. Supreme Court) has concluded that an employee can pursue a claim where the employee was retaliated against by being required to work in a hostile environment.  This ruling has the effect of creating a new cause of […]

National Labor Relations Board Gives Murky Guidance on Social Media Policies

The National Labor Relations Board (“NLRB”) is often erroneously regarded as an agency that has no role except with respect to unionized workplaces.  Employers and employees alike need to understand that the NLRB’s mandate is much broader, extending to protections of even non-union workers when they are discussing the terms and conditions of their employment.  […]

May an Employer Require Employees to be 100% Healed Before Returning from Medical Leave?

It may seem logical that an employer that is concerned about its employees’ health may require employees who have been out on medical or maternity leave to be fully healed before returning to work so as to protect against a re-injury.  But, such a requirement may give the employee a claim that the employer has […]

Employers Have a Duty to Report Child Pornography Found on an Employee’s Computer

What happens when a company’s IT department discovers porn on an employee’s computer while performing maintenance?  The answer is that it depends. If the porn involves children, the employer may have a legal duty to report the conduct to the appropriate authorities.  A recent revision to federal law requires that any provider of an “electronic […]

New EEOC Rules Address When an Employer Can Rely on a Criminal Background Check in Making a Hiring Decision

The Equal Employment Opportunity Commission (“EEOC”) has finally issued long-awaited guidelines for employers who wish to use the results of a criminal background check to make hiring decisions.  The guidelines are lengthy and convoluted, but some themes are clear. Before discussing the themes in the guidelines, it is important to understand why the EEOC cares […]