APPLIES TO All Employers with Employees in GA

EFFECTIVE September 4, 2024

QUESTIONS? Contact HR On-Call (888) 378-2456

Quick Look The Georgia Supreme Court reversed a Georgia Court of Appeals’ ruling to state the Georgia Covenants Act (GRCA) does not require restrictive covenants to contain an express geographic restriction. Noncompetition and non-solicitation covenants governed by Section 13-8-53(a) of the GRCA must be reasonable in geographic scope. What is reasonable as a description of a geographic area under the GRCA is fact-specific, so it should be interpreted within the context of each individual case.

Discussion:

In North American Senior Benefits, LLC v. Wimmer, the Georgia Supreme Court reversed a Georgia Court of Appeals’ ruling to state that the Georgia Covenants Act (GRCA) does not require restrictive covenants to contain an express geographic restriction. However, noncompetition and non-solicitation covenants governed by Section 13-8-53(a) of the GRCA must be reasonable in geographic scope. Here, the plaintiff corporation sought to enforce a non-solicitation covenant against two former employees. The covenant restricted the employees from hiring or otherwise interfering with the ongoing employment relationship of any of the company’s employees for two years after termination of their employment relationship. The non-solicitation covenant did not contain an express description of the geographic area in which the provision applied. The defendants sought to void agreement on this basis. The court disagreed.

 

In reaching its ruling, the court looked to the first sentence of Section 13-8-53(a), which provides that “enforcement of contracts that restrict competition during the term of a restrictive covenant, so long as such restrictions are reasonable in time, geographic area, and scope of prohibited activities, shall be permitted.” The court found that this construction did not mandate that a restrictive covenant contain an explicit geographic area, nor does it prohibit the geographic restriction from being implied. Specifically, Section 13-8-53(c) says that a description of a restrictive covenant’s geographic area is not always required. Section 13-8-56(2) provides the following examples of descriptions of the geographic scope of a restrictive covenant: (1) it “includes the areas in which the employer does business at any time during the parties’ relationship;” and (2) it “contains a list of particular competitors as prohibited employers for a limited period of time.”

 

It is also important to note that the court stressed that what is reasonable as a description of a geographic area under the GRCA is fact-specific, so it should be interpreted within the context of each individual case. This ruling reinforces that restrictive covenants can be subject to differing interpretations by the courts and should always be reviewed and drafted by legal counsel.

 

Action Items

1. Review restrictive covenants with legal counsel.

 

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Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2024 ManagEase

APPLIES TO All Employers with Employees in MD

EFFECTIVE September 30, 2024

QUESTIONS? Contact HR On-Call (888) 378-2456

Quick Look Effective September 30, 2024, Maryland employers have obligations to protect indoor and outdoor employees against heat hazards. The final regulation applies to virtually all employers with employees whose employment activities, indoor or outdoor, expose employees to a heat index in the area where the employee is working that equals or exceeds 80° F.

Discussion:

Effective September 30, 2024, Maryland employers have obligations to protect indoor and outdoor employees against heat hazards. Enforced by the Maryland Occupational Safety and Health Division (MOSH) of Labor and Industry, the final regulation applies to virtually all employers with employees whose employment activities, indoor or outdoor, expose employees to a heat index in the area where the employee is working that equals or exceeds 80° F. The general requirements are summarized below.

 

Monitoring. Employers must monitor the heat index throughout the work shift in areas where employees perform work by: (1) directly measuring the temperature and humidity; (2) use of local weather data reported by the National Weather Service or other recognized source; or (3) use of the National Institute for Occupational Safety and Health’s Heat Safety Tool application.

 

Heat Illness Prevention and Management Plan. Employers must develop, implement, maintain, and distribute to all employees a heat-related illness prevention and management plan in writing. The plan must include:

 

• How sufficient amounts of drinking water will be provided;
• How employees will be provided sufficient opportunities and encouragement to stay hydrated by drinking water;
• How to recognize the symptoms of heat-related illness, including heat exhaustion and heat stroke;
• How to respond to suspected heat-related illness, including heat exhaustion and heat stroke;
• How employees will be provided with sufficient time and space to rest in shaded or cool, climate-controlled areas to cool off;
• How the employer will implement rest break schedules as necessary;
• How the employer will consider environmental conditions, workload, required clothing, personal protective equipment, and alternative cooling and control measures when determining rest break schedules;
• How employees will be encouraged to take rest breaks as needed to prevent heat-related illness;
• How employees will be trained on the hazards of heat exposure and the necessary steps to prevent heat-related illness;
• The use and maintenance of alternative cooling and control measures to manage heat;
• Procedures for heat acclimatization;
• Procedures for high-heat conditions; and
• The emergency response plan.

 

Acclimatization. When an employee is newly exposed to heat or returns to work after 7 or more consecutive days of absence from the workplace, employers must create an acclimatization schedule with gradual exposure to heat of a period of up to 14 days. The acclimatization plan must be in writing.

 

Access to Shade. Employers must provide shaded areas to exposed employees as close to the work area as practicable. The final regulation provides details on the specific requirements.

 

Access to Water. Employers must provide drinking water at no cost to exposed employees as close to work areas as practicable.

 

High Heat Procedures. When the heat index reaches 90° F, employers must have separate high heat procedures that include a work and rest schedule to protect employees from heat-related illness that is adjusted for environmental conditions, workload, and impact of required clothing or personal protective equipment.

 

Emergency Response. An employer’s emergency response plan must include procedures for: (1) ensuring effective and accessible means of communication at all times at the worksite to enable an employee to contact a supervisor or emergency medical services; (2) responding to signs and symptoms of possible heat-related illness in employees; (3) monitoring and providing care to employees who are exhibiting symptoms of heat-related illness; and (4) contacting emergency medical services and, if necessary, transporting employees to a location accessible to emergency medical services.

 

Training. Employers must train and retrain employees prior to their first exposure to heat and then annually thereafter. Training must cover work and environmental conditions that affect heat-related illness, personal risk factors, acclimatization, the importance of frequent consumption of water and rest breaks, signs and symptoms of heat-related illness, emergency response measures, notifying the employer of signs and symptoms of heat-related illness, and the heat-related illness prevention and management plan.

 

Exceptions. The requirements do not apply to: (1) emergency operations and essential services that involve protecting life or property; (2) incidental exposures when an employee is not required to perform work activities for more than 15 consecutive minutes per hour; and (3) buildings, structures, and vehicles that have a mechanical ventilation system or fan that maintains the heat index below 80° F.

 

Action Items

1. Review the final regulation here.
2. Determine how to monitor heat index in applicable work areas.
3. Develop heat illness prevention and management plan and emergency response plan.
4. Provide potable water and access to shade.
5. Have appropriate personnel trained on the requirements.

 

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Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2024 ManagEase

APPLIES TO All Employers with Employees in MD

EFFECTIVE October 1, 2024

QUESTIONS? Contact HR On-Call (888) 378-2456

Quick Look HB 385 requires a written statement of gross earnings of the employee and deductions from those gross earnings on the physical pay stub or the online pay statement with certain required information. New hire pay rate notices must now be in writing.

Discussion:

Effective October 1, 2024, Maryland employers must update their pay statements and new hire pay rate notices. HB 385 requires a written statement of gross earnings of the employee and deductions from those gross earnings on the physical pay stub or the online pay statement. The statement must include:

 

• The employer’s name registered with the state, address, and telephone number;
• Dates of work covered by the pay period;
• Number of hours worked during the pay period, unless the employee is overtime exempt;
• Rates of pay;
• Gross and net pay earned during the pay period;
• Amount and purpose of all deductions;
• Description of the information used to calculate the gross and net pay; and
• Applicable piece rates of pay and number of pieces completed at each piece rate for each employee paid at a piece rate.

 

The requirements for the new hire pay rate notice are the same and must include the rate of pay, regular paydays set and leave benefits. However, now the notice must be provided in writing.

 

Action Items

1. Review the law here.
2. Update pay statements and new hire pay rate notices.
3. Have appropriate personnel trained on the requirements.

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Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2024 ManagEase

APPLIES TO All Employers with MA PFML Eligible Employees

EFFECTIVE September 13, 2024

QUESTIONS? Contact HR On-Call (888) 378-2456

Quick Look Employers generally do not have an obligation to allow employees to continue accruing benefits like seniority, vacation, and sick time during leave taken under the Paid Family and Medical Leave Act (PFMLA). It is important for employers to note this does not affect an employer’s obligation under the PFMLA to maintain health insurance at the same level during the employee’s PFMLA leave or to restore the employee to their prior job or to an equivalent position.

Discussion:

In Bodge v. Commonwealth, the Massachusetts Supreme Judicial Court ruled that employers generally do not have an obligation to allow employees to continue accruing benefits like seniority, vacation, and sick time during leave taken under the Paid Family and Medical Leave Act (PFMLA). Here, the plaintiffs were state troopers who claimed that the Commonwealth of Massachusetts and its State Police had a policy of denying the accrual of benefits like seniority, length-of-service credit, and vacation and sick time while employees are on PFML leave. They argued this violated the PFMLA. The court disagreed with the state troopers.

 

In reaching its ruling, the court looked to Section 2 of the PFMLA: “The taking of family or medical leave shall not affect an employee’s right to accrue vacation time, sick leave, bonuses, advancement, seniority, length-of-service credit or other employment benefits, plans or programs. During the duration of an employee’s family or medical leave, the employer shall provide for, contribute to or otherwise maintain the employee’s employment-related health insurance benefits, if any, at the level and under the conditions coverage would have been provided if the employee had continued working continuously for the duration of such leave.” The court found that this section did not confer accrual rights. It only maintains the rights that an employee already has while they are on leave. If the legislature had intended for continued accrual, the PFMLA would have explicitly said so.

 

It is important for employers to note this does not affect an employer’s obligation under the PFMLA to maintain health insurance benefits at the same level during the employee’s PFMLA leave. In addition, when an employee returns to work, they are guaranteed the right to be returned to their former job or an equivalent position with their pre-leave benefit status intact.

 

Action Items

1. Review and update leave policies, if applicable.
2. Have appropriate personnel trained on the requirements.

 

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Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2024 ManagEase

APPLIES TO All Employers with Employees in Pittsburgh, PA

EFFECTIVE September 24, 2024

QUESTIONS? Contact HR On-Call (888) 378-2456

Quick Look A new city ordinance in Pittsburgh, Pennsylvania prohibits discrimination against an individual because of their status as a medical marijuana patient. The Ordinance makes it unlawful for employers with five or more employees to require individuals who hold valid Pennsylvania medical marijuana cards to participate in a drug screening for marijuana.

Discussion:

The Pittsburgh City Council passed a new ordinance prohibiting discrimination against an individual’s status as a medical marijuana patient, specifically prohibiting employers with five or more employees from requiring applicants who hold valid Pennsylvania medical marijuana cards to participate in pre-employment drug screening for marijuana. It also prohibits employers from requiring marijuana tests of employees who hold Pennsylvania medical marijuana cards during the course of employment, unless the employer has suspicion of impairment.

 

The Ordinance identifies a medical marijuana patient as “an individual who has a serious medical condition, disability or handicap such that qualifies them for medical marijuana use” and is certified under Pennsylvania law to use marijuana for medical reasons. Notably, the Ordinance includes several industry and position-specific exceptions, as well as safety-related exceptions to the prohibition on marijuana testing. This includes positions subject to drug testing due to regulations issued by the U.S. Department of Transportation or the state Department of Transportation, any persons working in positions that require the person to carry a firearm, or any applicants whose prospective employer is a party to a valid collective bargaining agreement that specifically addresses the pre-employment drug testing of applicants.

 

Under the new law, employers are permitted to take disciplinary action against medical marijuana patients if an employee is under the influence of medical marijuana in the workplace or is working while under the influence of medical marijuana, where the employee’s conduct falls below the standard of care normally accepted for their position. Additionally, the Ordinance specifically allows employers to do the following:

 

• Prohibit the use of medical marijuana on its property or in the workplace;
• Test medical marijuana patients for illegal use of controlled substances;
• Conduct for-cause drug testing if there is reasonable cause to suspect an employee is under the influence of a drug at work; and
• Perform drug tests after a workplace accident.

 

Action Items

1. Review marijuana testing procedures for compliance.
2. Consult with legal counsel on specific questions related to marijuana testing procedures.

 

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Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2024 ManagEase