More than any year in recent memory, this year will bring significant changes to many areas of the law, with emphasis on labor and employment law. The ADA Amendments Act became effective January 1, 2009, and the U.S. Department of Labor’s final rule implementing the first-ever amendments to the Family and Medical Leave Act became effective January 16, 2009. Furthermore, the 111th Congress is set to consider a host of legislative proposals that could dramatically alter the fundamental nature of the employment relationship. Moreover, some of these legislative initiatives, such as those concerning compulsory arbitration agreements, could have an impact far beyond the area of labor and employment law.

by Lee Creasman

“Getting organized” will take on a whole new meaning in 2009 for employers who are not prepared. President Barack Obama’s nominee for Secretary of Labor, Hilda Solis, signals his commitment to pro-labor legislation like the Employee Free Choice Act (EFCA). While a Congresswoman, Solis voted with the AFL-CIO 97% of the time, and 11 of the top 14 donors to her reelection campaign were labor unions. An outspoken advocate for EFCA’s passage, Congresswoman Solis’ nomination is expected to be followed by pro-labor appointments to the three open positions on the National Labor Relations Board.

2009 promises to bring several headaches to corporate America. Unfortunately, one of these headaches will be a projected increase in litigation. Following two consecutive years of declines in the number of lawsuits and regulatory proceedings filed against companies, the forecast for 2009 is not so cheerful. This translates to more litigation-minded people, looking to recoup the financial losses each has suffered and the deep pocket to pay for the loss. It is estimated that some 662,000 workers filed for unemployment in the last quarter of 2008. More Reductions in Force (RIFs) are coming, which will lead to more EEOC charges and litigation.

by Robert W. Capobianco and Adriana R. Midence

It is well known that Georgia and Texas are among the most difficult states in which to enforce a traditional non-compete agreement. Accordingly, many employers in Georgia and other employee-friendly states have shifted away from requiring traditional non-compete agreements from their employees and, instead, have sought to protect themselves through non-solicitation and/or non-compete agreements that specifically restrain competition for the business of certain customers, rather than broadly restraining competition in certain industries. In 2008, however, courts in Georgia and Texas issued decisions restricting the ability of employers to make up for their states’ unwillingness to enforce traditional non-compete agreements with such substitutes.

by R. Read Gignilliat

The Georgia Whistleblower Act was enacted in 1993 for the purpose of preventing “fraud, waste, and abuse” in State programs by protecting public employees who make complaints or disclosures of such information, from reprisals by their employers. It initially applied only to the State of Georgia and its agencies, departments, etc. and, as such, was not a source of potential liability for local government employers for more than a decade.

The near future in employment related litigation is likely to be volatile with the high degree of uncertainty in the economic marketplace. History tells us that a weak economy and employer layoffs are proven to lead to greater frequency of employment practices litigation. Additionally, a new presidential administration and pending legislation on Capitol Hill can significantly alter the legal landscape for employment related matters.