Georgia Non-Compete Statute: House of Representatives Aims to End Debate Over Effective Date


As discussed in an earlier post, the effective date of Georgia’s recently enacted non-compete legislation is in doubt. Some believe that it was not and never can be effective. Others believe that it was effective as of January 1, 2011, and that it would survive constitutional challenges.

In an article published in The Atlanta Journal-Constitution on November 19, 2010, House Judiciary Committee Chairman Wendell Willard, R-Sandy Springs, indicated that the legislature would move quickly to fix the potential problem when the session opened on January 10, 2011. In fact, House Bill 30 has been “prefiled” and is presumably ready to be that fix. HB 30 explicitly states that its enactment should not be taken as evidence that the previous statute (HP 173) was in fact invalid. Here is the introductory language of HB 30 in its entirety which explains why it was arguably necessary....

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Published In: General Business Updates, Constitutional Law Updates, Elections & Politics Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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