I have discussed the National Labor Relations Board’s recent social media decisions here and here. To summarize, in the past year or so the NLRB has made it very clear that, in its view, all employees (union or not) have a right to discuss the terms and conditions of their employment on social media sites […]
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 […]
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 […]
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 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 […]
