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Atlanta Business & Commercial Law Blog

Right to work law overturned in Missouri

Georgia is one of 27 U.S. states who have right to work laws on the books. This law ensures that employers have the freedom to choose their own employees. Unions, on the other hand, prefer that employers hire union employees or at least require non-union employees to pay certain fees for the union’s work negotiating contract terms regarding pay and benefits as well as protecting rights of workers.

Unions have seen an erosion of power in recent years because of these laws and other rulings, including the one against “fair share” fees where unions could still collect fees from non-members for negotiating employment contract terms for all workers.

Lack of security protocols can cause PR nightmares

Everyone knows about the importance of changing passwords. This is particularly true for those operating businesses. Not every employee is going to leave under the best of terms, and they may intend to cause harm to the company regardless of their termination and severance agreements.

A public relations nightmare goes viral

Noncompete clauses in Georgia

One way in which employers strive to protect their trade secrets is by including a noncompete clause in employment contracts. Their aim is to prevent situations where employees leave the business, get a job with a competitor and share confidential information with their new boss.

In Georgia, noncompete agreements must meet certain requirements in order to be valid. The law also restricts the types of employees whose post-employment activities an employer may limit.

4 valid concerns for new small business owners

If you are thinking about starting a business of your own in Georgia after working so many years for others, you might want to take some time to learn about some issues that business owners often encounter. Being an entrepreneur is not always easy, but with the right foundation, principles, structure and resources, it is possible to avoid common legal issues that make it difficult for business owners to focus on their daily operations. 

There is no doubt that business owners are very busy individuals. Regardless of how busy you get with your company, do not forget to keep in mind the following legal concerns small business owners should avoid: 

Entrepreneurship common among Americans over 50

It appears that many baby boomers and those in nearby age groups are turning to business ownership as they get older.

According to a recent survey, Americans over 50 make up the biggest class of small business owners in the United States. Reportedly, over half of the small business owners in the nation are in this age group.

Top U.S. brewery in dispute with brewer

Breweries are like many other businesses. They hire employees; they give key workers access to important recipes (a trade secret); they potentially expect them to avoid competing after leaving the company. Thus, it is expected that owners would cry foul if an employee violates these stipulations.

Toppling Goliath of Decorah, Iowa, is currently engaged in a dispute with a former head brewer. This top-ranked brewery has jumped onto the national beer scene with a series of hop-forward brews like its flagship Pseudo Sue pale ale as well as barrel-aged stouts and other styles.

Relations between 7-11 and store owners deteriorates

The relationship between corporations and the companies or individuals who own outlets are ideally complimentary but are often complicated. Such is the case with 7-Eleven and its franchisees. According to the storeowners, the corporation has taken an increasingly bigger cut of the profits since the early 2000s, when the company and the franchisees used to split profits evenly.

Franchisees cry foul

Circuit court upholds employer right to dismiss employees

A Minnesota company that owns 10 Jimmy John’s sandwich shop franchises in the Minneapolis and St. Paul metro area was recently found to be within its rights to dismiss six workers. The Jimmy John’s employees representing Industrial Workers of the World circulated posters to fellow employees as well as 100 local and national media outlets in 2011 that were critical of the company’s sick-leave policy.

The full 8th United States Circuit Court of Appeals reversed a three-judge panel that had affirmed a National Labor Relations Board (NLRB) ruling, which favored workers who were part of a drive to unionize the shops. The full appeals court deemed that the posters was “so disloyal” that they were not protected by federal labor law.

Do you need business insurance?

When your business is just a baby, perhaps with only you working for it, business insurance could be the last thing on your mind. However, as your business grows and grows and employees sign on, you probably do need insurance. After all, a policy can help protect you in a lawsuit or if someone gets injured.

Plus, you may need to carry other types of insurance, such as workers compensation. Georgia generally requires workers comp if your business has at least three employees.

Five mistakes employers make with FMLA

It is common for small and mid-sized employers to have employees who need to take several weeks of unpaid leave due to serious illness or a family emergency. This often means that employees will trigger that leave through the Family Medical Leave Act (FMLA), which provides employees who are eligible up to 12 weeks of job-protected leave per year. This act is designed enable employees to balance work and family responsibilities for a reasonable amount of time.

FMLA can be used by employees at all public agencies, companies with 50 or more employees, public and private schools as well as other jobs. Common reasons for taking advantage of FMLA include:

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