Weekly News Round-Up

Start your morning right by catching up on the latest industry news and legislative changes.

1. A Georgia Court Of Appeals Panel Ruled That A Solicitation Agreement Or Restrictive Covenant Without A Geographic Boundary Is Unenforceable ?

• Solicitation agreements and restrictive covenants prohibit employers from soliciting or recruiting former employees. ?
• Georgia’s Restrictive Covenant Act is only valid only when restrictions are reasonable regarding the time, area, and scope of prohibited activities. ?

2. The California Department Of Public Health (CDPH) Has Changed The Definition Of A COVID-19 “Outbreak” ?

• An “outbreak” was defined by the CDPH and California Division of Occupational Safety and Health (Cal/OSHA) as three or more cases in an exposed group over a 14-day period. ?
• An outbreak is now defined as three or more cases in an exposed group over seven days. ?
• It will now be harder for California employers to pinpoint an “outbreak” which will trigger additional obligations under the Cal/OSHA regulation. ?

3. Texas House Bill 2127 (HB 2127) Aims To Streamline Safety Regulations Across The State ?

• HB 2127 strips local governments of their ability to enforce and maintain laws or restrictions. ?
• This bill aims to reduce the different regulations employers must work under in cities across the state. ?
• Despite employers still being required to follow OSHA’s guidance, specific city ordinances regarding rest, shade, and water breaks are now unenforceable. ?

4. The 11th Circuit Court Of Appeals Dismissed The Family And Medical Leave Act (FMLA) And Americans With Disabilities Act (ADA) Violation Claims?

• An employee sued her previous employer for not correctly providing her with an Eligibility and Rights & Responsibilities Notice. ?
• The court agreed that the employer failed to provide the required notice but ruled against the employee since she could not prove that the lack of FMLA leave caused her harm. ?
• In addition, the employee could not sufficiently prove her employer violated ADA when firing her since there was not enough evidence connecting her dismissal to a disabled family member. ?

5. The Occupational Safety And Health Administration (OSHA) Launched A New Emphasis Program On Workplace Hazards In Warehouses?

• According to OSHA, this program was created to address the growth of warehouses and distribution centers and the increase in work-related accidents. ?
• The emphasis program will be three years long and focus on safety inspections related to powered industrial vehicle operations, material handling, storage, walking, and working surfaces. ?
• OSHA may expand the program's scope if evidence shows violations occur in other areas. ?

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