2019 Georgia and Tennessee Labor Law Updates

Georgia

Law- Garnishment Law: S.B. 194 was passed in 2018, which amends the maximum part of disposable earnings subject to garnishment, as follows:

The amount by which the defendant’s disposable earnings for that week exceed $217.50 (an increase of 50 cents).· In case of earnings for a period other than a week, the proportionate fraction or multiple of 30 hours per week at $7.25 per hour will be used.

How to Prepare: Employers should review employee garnishment orders and monitor the wage deductions of employees subject to garnishment, to avoid exceeding the amount of garnishment permitted by law.

Tennessee

Law- Marketplace Contractor Law: Tennessee Code Annotated, Title 50 was amended to add chapter 50-10-101. The law establishes requirements for determining when a marketplace contractor is an independent contractor versus an employee. A marketplace contractor is defined as “a person or entity that enters into an agreement with a marketplace platform to use the platform’s online-enabled application, software, website or system to receive connections to third-party individuals or entities seeking services in this state and in return for compensation from the third-party or marketplace platform offers or provides services to the third-party individuals or entities upon being given an assignment through the marketplace platform’s online-enabled application, software, website, or system.”

How to Prepare: Employers who employ or contract with workers engaged on a marketplace platform (“gig economy” type jobs) should review their relevant contracts and policies to ensure proper classification of workers

Law- Sexual Harassment Non-Disclosure Law: Tennessee Code Annotated, Title 50, Chapter 1, Part 1, is amended to add that an employer shall not require an employee or a prospective employee to execute or renew a non-disclosure agreement with respect to sexual harassment in the workplace as a condition of employment.

How to Prepare: Employers should eliminate sexual harassment non-disclosure agreements if they are being used.

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