Industry News

On August 1, 2023, United States Citizenship and Immigration Services (USCIS) issued a new Form I-9 (accessible here) in order to simplify the employee verification process. The updated Form is accompanied by a new rule that permits certain employers to examine an employee’s documents remotely. These changes come in response to public comment in the wake of the Department of Homeland Security’s (DHS) implementation of more flexible verification procedures during the COVID-19 pandemic. All employers may continue to use the old Form I-9 until October 31, 2023, after which use of the old Form will subject employers to penalties.

Local government employers in Georgia need to be aware of two new laws that will directly and indirectly affect their personnel practices going forward. The Pregnant Workers Fairness Act The first and more directly applicable law is the federal Pregnant Workers Fairness Act (PWFA), which took effect earlier this week on June 27, 2023. Like many other federal employment civil rights statutes, the PWFA applies to private and public sector employers having 15 or more employees and is subject to the pre-litigation administrative procedures of the Equal Employment Opportunity Commission (EEOC). Although the EEOC has yet to issue regulations on the PWFA, official guidance and fact sheets for covered employers and employees are available on the EEOC’s website, as is the new “Know Your Rights” poster which covered employers should begin using immediately.

On June 29, 2023, the U.S. Supreme Court issued a consolidated opinion in the cases of Students for Fair Admissions v. President and Fellows of Harvard College, No. 20–1199 and Students for Fair Admissions v. University of North Carolina, No. 21-707 holding Harvard and UNC’s race-conscious admissions programs violate the Equal Protection Clause of the Fourteenth Amendment, as well as Title VI of the Civil Rights Act of 1964 (which prohibits recipients of federal funds from engaging in, among other things, race discrimination).

On April 4, 2022, The Georgia Legislature adopted HB 1390, thereby creating a cause of action for damages and other relief against certain local government employer who retaliate against employees because they complained of, reported, objected to, or engaged in certain other activities reflecting their opposition to sexual harassment. Governor Kemp is expected to sign HB 1390 into law. This article provides answers to frequently asked questions regarding HB 1390.

On Thursday, September 9, 2021, President Biden signed several Executive Orders as part of a new, six-part plan (“Plan”) to address the current spike in COVID infections, hospitalizations, and deaths, largely attributed to unvaccinated individuals.

Super Lawyers recognizes the top lawyers in Georgia. These attorneys are selected via peer nomination, independent research and peer evaluation.

In the last year of his administration, President Obama issued a “State Call to Action on Non-Compete Agreements,” identifying those agreements as having “the potential to hold back wages and entrepreneurship.” President Obama called upon states to reduce their “misuse.”

In a much anticipated decision on the applicability and scope of sovereign immunity to Georgia municipalities, the Georgia Supreme Court has reaffirmed the public policy of the State that municipalities are immune from liability for damages, absent a waiver by the General Assembly.

Super Lawyers recognizes the top lawyers in Georgia. These attorneys are selected via peer nomination, independent research and peer evaluation.

With only 12 days until the inauguration of President-elect Biden and the legislative work of the 117th Congress, we are focused on the first 100 days of the new administration. Here are some predictions about what to expect in the labor and employment space:

The FDA just authorized Pfizer’s COVID-19 vaccine for emergency use. Given this exciting development, employers ask whether they can require employees to take the vaccine as soon as possible.

Georgia businesses may defeat COVID-19 claims and lawsuits if they demonstrate compliance with the Georgia COVID-19 Pandemic Business Safety Act (“Act”). The Act protects a broad range of individuals, businesses, governmental bodies, religious organizations, and educational institutions from state law claims related to the transmission of COVID-19.

Employers are now experiencing a surge of novel legal claims brought by current and former employees relating directly and indirectly to the pandemic. As a result, employers must consider the potential for such claims as they take personnel actions and implement other decisions affecting their employees in this current environment.

According to statistical figures from the federal courts, civil litigants filed approximately 7,700 Fair Labor Standards Act (“FLSA”) cases during calendar year 2018. For comparison purposes, just 4,000 FLSA cases were filed in 2005, the first time the FLSA case load ever reached 4,000 cases in a year.

The 2019 H1B Quota Season is in full stride. Those with experience filing H1B petitions will know that the time to get materials assembled for quota cases is here. For those employers and foreign nationals who are new to the process, now is the time to evaluate your situations and assemble your files. Here are some basic tips: