Legal Updates

Employer Wellness Program Did Not Violate ADA

A decision by the U.S. Court of Appeals for the Eleventh Circuit may encourage employers to offset rising healthcare costs through the use of wellness programs and the implementation of fines for nonparticipation in such programs. According to the Eleventh Circuit, under certain circumstances the medical examinations and inquiries connected with wellness programs do not violate The Americans...Read More

Court of Appeals Emphasizes Duty of Employer in Harassment Case

The Seventh Circuit Court of Appeals recently affirmed a finding of liability and reinstated a punitive damages award against an automobile manufacturer based on a jury’s reasonable conclusion that the employer did not promptly or adequately respond to an employee’s complaints of harassment. Although the employee was unable to identify who had left harassing and threatening notes in his...Read More

Georgia Non-Compete Law Effective May 11, 2011

The Eleventh Circuit Court of Appeals has ruled that Georgia’s new covenant laws (O.C.G.A. § 13-8-51 et seq.) greatly enhancing the enforceability of employment-related restrictive covenants in Georgia do not apply to contracts entered into prior to May 11, 2011. While the ultimate authority on this question of Georgia law is the Supreme Court of Georgia, which has not ruled on this issue, for...Read More

EEOC Issues Guidance on Criminal Records

The Equal Employment Opportunity Commission recently issued new “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964.” The Guidance addresses the use of criminal records by employers when making hiring or other employment decisions. As general rule, Title VII does not prohibit employers from seeking...Read More

The Five Most Important Things Your Business Needs to Know Now About Georgia’s New Restrictive Covenant Law

Georgia’s new restrictive covenant law will become effective on November 3, 2010, if, as expected, Georgia voters ratify a proposed constitutional amendment on this year’s ballot. Here are five things your business needs to know right now:Georgia’s new covenant law is likely to become effective immediately on November 3, 2010 – but will only apply to new contracts entered on or after that...Read More