Employment Law

Thursday, May 20, 2021

Can Your Employer Make the COVID-19 Vaccine Mandatory?

When the coronavirus pandemic hit the U.S., all non-essential businesses were forced to close in-person offices in an effort to slow the spread of the disease. As time has gone by many businesses have chosen to continue working remotely, while others have cautiously returned to office life. But with the approval of the COVID-19 vaccines, going back to working around others has become safer (for those who have been fully vaccinated).
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Thursday, April 22, 2021

Can Your Employer Fire You for Serving on Jury Duty?

Despite being considered a civic duty, few people are pleased to receive notification that they must serve on jury duty. The last thing you want to imagine is that doing so could cost you your job. That’s why under Georgia law it is illegal to fire an employee over his or her absence from work due to jury duty.
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Thursday, February 25, 2021

Understanding Gardening Leave

Employers across the United States have relied on non-compete agreements to protect their business interests for a long time. Each state takes a different stance on non-competes, with some favoring employers and others the employees. As such, the enforceability of a non-compete, and the extent to which it will be enforced, is dependent on the state.
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Thursday, January 28, 2021

Are Non-Compete Agreements Enforceable in Georgia?

Non-compete agreements have become a hot topic as social media and 24-hour news coverage frequently turn the spotlight on employers abusing non-compete agreements to the detriment of their employees. Non-compete agreements are intended to protect a company’s intellectual property (“IP”). If an employee with specific, non-public knowledge about the way a business or its products operate were to leave for a competitor, they would naturally take their knowledge with them to the new competitor and it would jeopardise their original employer’s IP.

To protect employer’s IP, non-compete agreements limit the ability of employees to freely move to competitors. While non-competes can serve a legitimate purpose, they are often a tool of abuse for employers to gain leverage over their employees.
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Tuesday, December 22, 2020

Your Protections Under the Families First Coronavirus Response Act

The Families First Coronavirus Response Act protects certain employees through guaranteeing paid sick leave and expanding paid family and medical leave for those impacted by COVID-19. The COVID-19 pandemic has drastically impacted Georgians, with lockdowns and health concerns that have limited the ability of many to work. If you’ve been denied employee benefits you believe you’re entitled to, please contact our office today for a free consultation.
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Monday, November 30, 2020

How Do You Calculate Overtime Pay?

Did you know that federal and state laws protect workers from an employer failing to pay proper overtime wages. It’s true. The rules governing overtime pay in the State of Georgia include both state and federal laws. The Fair Labor Standards Act (FLSA), a federal law, protected and provides a minimum standard for employees across the U.S.

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Monday, August 31, 2020

What Is a Non-Compete Agreement?

Before you start a new job, you will likely need to review and complete a substantial amount of paperwork. While it can be tempting to rush through this process, both to get through the red tape and in the excitement at starting a new job, it is important to take your time to review the contents of these documents and the potential impact they can have on you and your future. For instance, you may be presented with a non-compete agreement your employer wants you to sign. Before you do so, look into what a non-compete agreement is and what it could mean for you.

What is a Non-Compete Agreement?

A non-compete agreement, also referred to as a noncompete clause, noncompete covenant, or covenant not to compete, is a legal contract between an employer and an employee that restricts the employee on his or her ability to enter into competition with the employer during or after the period of employment.
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Monday, July 27, 2020

Employer Duties as Businesses Reopen

Are employers required to test employees for coronavirus?

As businesses across the country start to reopen after over a month of being either partially or completely closed due to the coronavirus pandemic, employers have many questions and concerns. The coronavirus, a respiratory virus originating from China, has swept the nation, causing waves of infection and corresponding economic turmoil as businesses were forced to close to stop the spread of the virus. Now, as businesses reopen, many employers worry about their own liability should employees or customers contract the virus while at work. The issue is a developing one without clear cut answers, but some existing laws should guide employers in the right direction towards protecting themselves, employees, and others. Our Read more . . .

Friday, April 24, 2020

Employees Forced to Work in Dangerous Conditions May Be Protected

Can I be fired if I refuse to work without adequate personal protective gear?

While many of us have settled into the routine of working from home during the coronavirus pandemic, millions of other Americans continue to go to work everyday to ensure the medical, safety, and essential needs like food, electric, and water, are met around the country. Essential workers are everyday heroes during the pandemic, critical to our survival and well-being. As essential workers put themselves on the frontlines, they deserve to be protected in the best way possible. However, employees of some companies and industries are reporting that their safety is being compromised.

Alarming reports have emerged of workers being fired due to raising safety concerns.
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Friday, February 7, 2020

Georgia Employers Beware: Major Employment Law Changes Are Coming in 2020

What are the new salary minimums for an employee to be exempt from overtime?

The year 2020 will welcome in several significant changes to the field of employment law. Employers across the nation will want to closely review the changes to some local, state, and federal laws to ensure their compliance. Failure to adapt to changes in the legal field could result in fines or fees along with other potential penalties for employers. Our Read more . . .

Thursday, December 26, 2019

When Jokes, Nicknames and Pranks Become Harassment

Many types of behavior that used to be acceptable in the workplace are now recognized as illegal as well as intolerable. Laughing at, bullying, or discriminating against those you work with is no longer considered an unavoidable aspect of some workplace environments. Today, a great many workers are rising up, with the assistance of committed, well-schooled employment discrimination attorneys, to defend themselves in court against the painful treatment they used to feel they had to endure in order to keep their jobs.
Read more . . .

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The attorneys of Pankey & Horlock, LLC serve the entire state of Georgia, including Atlanta, Alpharetta, Auburn, Decatur, Doraville, Douglasville, Duluth, Kennesaw, Lawrenceville, Marietta, Stone Mountain, Dekalb County, Fulton County, Gwinnett County, and Cobb County, GA.

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