Georgia – ManagEase

Georgia: “Key Employee” Clarified Under Restrictive Covenants Act

April 11, 2019/0 Comments/in HR Alerts /by ManagEase

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All Employers with GA Employees

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March 5, 2019

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The Georgia Restrictive Covenants Act (GRCA) prohibits noncompete agreements with employees unless they “customarily and regularly” solicit customers or make sales, or are a “key employee.” In Blair v. Pantera Enters., Inc., the Georgia Court of Appeals provided clarity on what a key employee is. There, an employee left to work for a competitor and a client followed because of its relationship with the employee. The employee did not solicit customers or make sales, and the employer attempted to enforce the noncompete on the basis of being a key employee.

Eleventh Circuit: Joint Employer Standard Clarified Under the FLSA and Common Law

September 10, 2018/0 Comments/in HR Alerts /by ManagEase

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All Employers with AL, FL, and GA Employees

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August 2, 2018

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In Garcia-Celestino v. Ruiz Harvesting, Inc., the Eleventh Circuit distinguished the joint employer standard under the Fair Labor Standards Act (FLSA) and common law. Each standard turns on the applicable definition of “employee” and “control,” but are not the same. There, migrant workers under the H-2A visa program filed suit against their employer and a citrus grove owner for minimum wage violations under the FLSA and for breach of their contract, which was based on federal immigration statutes and regulations. The court looked at whether or not the citrus grove owner was a joint employer.

Eleventh Circuit: Valet Uniforms May Be “Materials” Requiring FLSA Coverage of Employees

August 6, 2018/0 Comments/in HR Alerts /by ManagEase

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Employers with AL, FL, and GA Employees

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June 29, 2018

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In Asalde v. First Class Parking Sys. LLC, the Eleventh Circuit Court of Appeal stated that a jury may determine whether valet uniforms meet the “materials” definition for “enterprise coverage” which would allow them the protections of the Fair Labor Standards Act (FLSA). The FLSA applies, in part, to employers who have “employees handling, selling, or otherwise working on goods or materials that have been moved in or produced for [interstate or international] commerce by any person” and have an annual volume of business of at least $500,000. (Emphasis added.)

Georgia: Employees working with the Elderly Must Undergo Extensive Background Checks

June 8, 2018/0 Comments/in HR Alerts /by ManagEase

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All Employers with GA Employees Who Provide Care to Elderly or Disabled Adults

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October 1, 2019

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Effective October 1, 2019, the Georgia Long-Term Care Background Check Program imposes significantly greater background screening requirements on employers who hire individuals with direct access to elderly adults. Abuse of the elderly and adults with disabilities has increased in recent years, and the new law is intended to help protect the vulnerable adult population.

Ninth Circuit: DOL’s 80/20 Tip Credit Rule is Invalid

October 6, 2017/0 Comments/in HR Alerts /by ManagEase

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All Employers of AK, AZ, CA, GA, HI, ID, MT, NV, OR, WA Employees

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September 6, 2017

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The Department of Labor (“DOL”) permits employers to give a tip credit to tipped employees who spend no more than 20% of their time performing non-tipped duties. In Marsh v. J. Alexander’s, LLC, the Ninth Circuit noted that this rule is only found in the Field Operations Handbook used by the DOL as guidance for investigations by field officers, rather than in a statute or regulation; as a result, the court stated it was not valid.

September Updates

September 10, 2017/0 Comments/in HR Alerts /by ManagEase

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This Short List addresses the following topics:

The Recent Federal Overtime Exemption Rule is Diminishing
NLRB: More Examples of What is or isn’t Protected Concerted Activities on Facebook
EEOC Must Reconsider Wellness Regulations
Seventh Circuit: EEOC May Investigate Despite Right-to-Sue Letter and Issue of Judgment
Arizona, Maryland, Wyoming: Now Part of the E-Verify RIDE Program
Berkeley, CA: Minimum Wage Increase, Paid Sick Leave, and Work Schedule Rules Will Soon Be In Effect
San Diego, CA: Equal Pay Bill for City Contractors and Consultants
Santa Clara, CA: Santa Clara City’s Minimum Wage to Increase in 2018
Connecticut: Anti-Discrimination Protections Expanded for Veterans
Georgia: Amended Law Now Preempts Predictive Scheduling Ordinances
New Jersey: Anti-Discrimination Protections for Military and Veterans Expanded
New York: Guidance on Tax Treatment of PFL Contributions and Benefits now Available
Nevada: Pregnant Workers’ Fairness Act Poster Now Available
North Carolina: Fair Classification Act Emphasizes State Focus on Proper Employee Classification
Texas: Hurricane Harvey Relief for Employees
Washington: New Biometric Information Protection law

Georgia: New Kin Care Law; New Bill Protects On-Call Scheduling Practices

June 8, 2017/0 Comments/in HR Alerts /by ManagEase

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All Employers with GA Employees

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July 1, 2017

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Governor Nathan Deal recently signed two bills affecting employers of Georgia employees. H.B. 243 is an employer-friendly bill addressing on-call scheduling practices, whereas S.B. 201 introduces kin care protections for employers that offer paid sick leave. Both will become effective on July 1, 2017.

Eleventh Circuit: Commissions Paid Only Apply to the Workweek in Which They Are Earned When Calculating Overtime Exemption Status

May 2, 2017/0 Comments/in HR Alerts /by ManagEase

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All Employers with AL, FL and GA Employees

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April 13, 2017

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In Frexia v. Prestige Cruise Services, LLC, an employee alleged that his employer violated the FLSA because the employee’s compensation—a weekly fixed salary plus sales-based commission—fell below the overtime exemption threshold for certain weeks. The Eleventh Circuit’s review of the case confirmed that pay for work performed each workweek must be counted for that workweek, rather than counted across a span of several weeks, in order to meet the overtime exemption threshold.

Eleventh Circuit: Race-Neutral Grooming Policy that Rejected Dreadlocks Was Not Disparate Treatment Discrimination

October 10, 2016/0 Comments/in HR Alerts /by ManagEase

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All Alabama, Florida and Georgia Employers

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September 15, 2016

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The Equal Employment Opportunity Commission (“EEOC”) sued an employer on behalf of a black applicant whose job offer was rescinded when she refused to change her dreadlock hairstyle. On September 15, 2016, the Court of Appeals for the Eleventh Circuit agreed with a district court’s dismissal of the alleged discrimination complaint. The Court reasoned that Title VII of the Civil Rights Act of 1964 prohibits adverse actions on the basis of immutable characteristics of race, whereas the dreadlocks hairstyle was a mutable choice. This decision follows other courts in similarly rejecting the argument that hairstyles can be a “determinant of racial identity.”

June Updates

June 10, 2016/0 Comments/in HR Alerts /by ManagEase

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This HR Alert addresses the following topics:

U.S. Supreme Court Declines to Rule on Contraceptive Coverage Decisions
U.S. Supreme Court Ruling Revises Statute of Limitations on Constructive Discharge Claims
EEOC Doubles Poster Violation Penalty Fine
EEOC Provides Guide for Using Leave as a Reasonable Accommodation under ADA
California Businesses Now Have Time to Fix Accessibility ADA Violations
California Paid Sick Leave Coverage Expanded to In-Home Workers
Los Angeles, CA Doubles Paid Sick Leave, Effective July 1, 2016
Santa Monica, CA’s Paid Sick Leave Implementation Delayed to 2017
Georgia: Franchisors are not Employers of Franchisees or Franchisees’ Workers
Many Tennessee Employers Soon Required to Use E-Verify
Vermont Passes Ban-the-Box Legislation

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