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 […]

What Are The Rules For Using Interns?

This is the time of year when students looking to explore a career interest or to gain experience are applying for unpaid summer internships.  As employers consider “hiring” interns, they should bear certain rules in mind in order to avoid running into problems with the U.S. Department of Labor or the IRS. It is easy […]

What to Expect from an Exit Interview

Employers should (but often don’t) conduct an exit interview every time an employee leaves – regardless of whether the employee has resigned voluntarily or been terminated involuntarily.  The exit interview can be beneficial for employer and employee alike, as is discussed below. Here is a list of what should occur at an exit interview, with […]

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 […]