Georgia Law on Non-Compete
In Georgia, the law on the enforcement of noncompetition covenants has historically been complicated and difficult, with the rules derived from numerous (and sometimes conflicting) judicial decisions. On November 2, 2010, a constitutional amendment was approved by Georgia voters, resulting in a radical change in the law of noncompete enforcement in Georgia. As a result of this constitutional change, new legislation is now in effect that, for the first time, will permit courts to modify or "blue pencil" overly broad restrictive covenants in the employment context. The new law also provides for a variety of other changes in how such covenants will be interpreted and enforced by the courts.
This page is dedicated to providing resources to understand these changes.
We have prepared a white paper (click here for the white paper) to explain the background and key provisions of the new law.
The text of the new statute can be found here: click here.
For additional background, we have collected a sampling of news articles and editorials written in advance of the election.
- An article from The Atlanta Journal Constitution regarding the legislation: click here;
- A second article from The Atlanta Journal Constitution regarding the legislation: click here;
- A third article from The Atlanta Journal Constitution regarding the legislation: click here;
- A blog with relevant information pertaining to the new law maintained by one of the editorial writers for The Atlanta Journal Constitution: click here; and
- Op-ed pieces published in The Atlanta Journal Constitution, one written by a business person (pro) and the other written by plaintiff's employment lawyers (con): click here.
- April 15, 2011The following advisory discusses the Georgia legislature’s re-enactment of the new restrictive covenants law regarding noncompetition covenants and other restrictive covenants.
- February 16, 2011
- November 12, 2010