In recent years, employers large and small have added Internet searches to their pre-hire investigations of job candidates. If you are applying for a job, postings by or about you on the Internet can come back to haunt you, regardless of how long ago they may have been posted – or even how long ago […]
How Can You Tell Whether a Worker is an Employee or an Independent Contractor?
The distinction between an employee and an independent contractor is a little-understood area of the law for employers and employees alike. But, it is essential to determine in which category a worker fits in order to make sure that the worker is paid correctly and also to make sure that the applicable tax laws are […]
Ms. Myer Gives TV Interview on New Restrictive Covenant Law
On January 1, 2011, Mari Myer appeared on 11 Alive News to discuss the recent changes in the Georgia law governing restrictive covenants. During the interview, which aired twice, Ms. Myer expressed concern that the recent changes in the law, while well-intended, may create numerous problems for Georgia businesses. The changes are likely to spark […]
Georgia’s New Restrictive Covenant Law Goes Into Effect January 1, 2011
Georgia’s voters approved a referendum on the November ballot that amended the Georgia Constitution’s prohibition against restraints of trade. This paved the way for a new body of laws to take effect which will likely rewrite Georgia’s law governing post-employment conduct restrictions. Although there will be some legal challenges during the next several months, the […]
When Is An Employee Exempt From The Overtime Provisions Of Federal Wage & Hour Law?
Employers and employees have many misperceptions regarding who may be covered by the overtime pay requirements of federal wage & hour law1. For example, an oft-cited misperception is that office workers are not covered (i.e. exempt from eligibility for overtime compensation), but that manual laborers are covered. In fact, sometimes office workers are exempt and […]
Outcome Of Recent 11th Circuit Decision On Restrictive Covenants Likely Would Have Been Less Favorable To Employer Had New Restrictive Covenants Act Been In Effect
The United States Court of Appeals for the Eleventh Circuit (based in Atlanta) recently issued a decision interpreting Georgia’s caselaw governing restrictive covenants in employment agreements. The Court enforced the covenants and reversed a decision by the District Judge that the covenants were not enforceable. This decision has been cited by supporters of Georgia’s upcoming […]
