On April 2, 2020, Georgia Governor Brian Kemp issued Executive Order No. 04.03.20.01 ordering all Georgia citizens to stay at home, unless they are (1) conducting or participating in “Essential Services;” (2) performing “Necessary Travel;” (3) engaged in the performance of or travel to and from the performance of “Minimum Basic Operations” for a business not classified as “Critical Infrastructure;” or (4) actively engaged in the performance of, or travel to and from, employment for a business classified as “Critical Infrastructure.”
As discussed in our previous article, the Georgia Department of Labor (Georgia DOL) has implemented an emergency rule that requires Georgia employers to file partial claims online on behalf of their employees for any week during which an employee (full-time or part-time) works less than his or her regular full-time or part-time schedule due to a partial or total company shutdown caused by the COVID-19 public health emergency.
On March 23, 2020, Atlanta Mayor Keisha Lance Bottoms issued Executive Order 2020-21 (E.O. 2020-21), ordering all individuals living in the City of Atlanta to stay home “to ensure that the maximum number of people self-isolate . . . to slow the spread of COVID-19 to the maximum extent feasible.”
On March 16, 2020, Georgia Labor Commissioner Mark Butler implemented an emergency rule relating to unemployment benefits during the COVID-19 pandemic crisis. The emergency rule requires Georgia employers to file partial claims online on behalf of their employees for any week during which an employee (full-time or part-time) works less than his or her regular full-time or part-time schedule due to a partial or total company shutdown caused by the COVID-19 public health emergency.
In Allen v. Ambu-Stat, LLC, No. 18-10640 (January 16, 2020), the U.S. Court of Appeals for the Eleventh Circuit affirmed a Georgia district court’s dismissal of a former employee’s sexual harassment claim and delivered a strong rebuke to a plaintiff seeking to temporarily enjoin the district court’s use of summary judgment in Title VII claims. The decision may provide guidance for employers as to what behavior constitutes pervasive harassment in the workplace.
On November 22, 2019, the United States Court of Appeals for the Eleventh Circuit, the court with jurisdiction over Alabama, Florida, and Georgia, handed down a decision that invalidates certain provisions in arbitration agreements in Fair Labor Standards Act (FLSA) wage and hour cases.
On March 21, 2019, finding in favor of an employer seeking summary judgment, the U.S. Court of Appeals for the Eleventh Circuit, in Lewis v. City of Union City, clarified the definition of “similarly situated” comparators for claims of intentional discrimination, jettisoning the commonly cited “nearly identical” and “same or similar” standards in favor of a test asking whether comparators are “similarly situated in all material respects.”
In 2019, a number of states’ minimum wage rates will increase.
In its second pro-plaintiff decision in as many months, the Eleventh Circuit Court of Appeals has held that blind website accessibility plaintiffs need not show that difficulty using a place of public accommodation’s website also caused a lack of equal access to the physical place of the public accommodation.
The Eleventh Circuit Court of Appeals recently had the opportunity to remind employers not to ignore training employees on safety.
In Bowen v. Manheim Remarketing, Inc., No. 16-17237 (February 21, 2018), the Eleventh Circuit Court of Appeals reinstated the Equal Pay Act and Title VII sex discrimination claims of a former manager of a car auction facility who alleged that she had been paid less than the male manager whom she replaced.
Does Title VII of the Civil Rights Act of 1964’s Pregnancy Discrimination Act (PDA) protect nursing mothers against post-pregnancy workplace discrimination?
Georgia’s Minimum Wage Law (O.C.G.A. § 34-4-1 et seq.) already prohibits local governments from requiring employers to pay employees a wage rate that exceeds what is required under state or federal law. This same law also prohibits local governments from requiring employers to provide employment benefits not otherwise required by state or federal law.
On May 8, 2017, Georgia Governor Nathan Deal signed into law the Family Care Act, a new statute requiring certain employers to allow their employees to use up to five days of their available paid sick leave to care for immediate family members. This new law takes effect on July 1, 2017.