Employment Law Update, May 2024

EEOC Issues Additional Guidance on Workplace Harassment and Provides Additional Examples of Racial, Sex Based, and Religious Harassment

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its long anticipated final guidance on workplace harassment, and provided specific and timely examples of behavior that constitutes unlawful harassment in the workplace. The guidance is organized by the three components of a harassment claim: 1) Covered Bases and Causation; 2) Discrimination with Respect to a Term, Condition, […]

By | May 16th, 2024 ||

Significant Development In Enforcement Of Non-Recruitment/No-Hire Covenants In Georgia

In a recent decision, the Georgia Court of Appeals clarified two key issues under Georgia’s Restrictive Covenants Act. Whether a provision restricting the solicitation, recruitment or hiring of a company’s employees must have a territory; and Whether the authority to “modify” a covenant allows a court to add terms that are not present or whether the courts are limited to striking language that renders the covenant overbroad.

More specifically, in North American Senior Benefits, LLC v. Wimmer, […]

By | June 21st, 2023 ||

New Path Forward For Employers In PAGA Suits

The California Private Attorneys General Act (“PAGA”) allows aggrieved employees to file lawsuits to recover civil penalties for Labor Code violations on behalf of themselves, other employees, and the state of California. Recoverable civil penalties can be significant. For example, for violations of Labor Code provisions that do not specify a penalty amount, PAGA provides default civil penalties at $100 for each aggrieved employee per pay period for the first violation, and $200 for […]

By | May 31st, 2023 ||