O.C.G.A.

O.C.G.A. § 13-8-52 (2019)

(For effective date, see note.) Application

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) The provisions of this article shall be applicable only to contracts and agreements between or among: (1) Employers and employees, as such terms are defined in Code Section 13-8-51; (2) Distributors and manufacturers; (3) Lessors and lessees; (4) Partnerships and partners; (5) Franchisors and franchisees; (6) Sellers and purchasers of a business or commercial enterprise; and (7) Two or more employers.

(b) The provisions of this article shall not apply to any contract or agreement not described in subsection (a) of this Code section.

History

(Code 1981, § 13-8-52, enacted by Ga. L. 2009, p. 231, § 3/HB 173.)

Annotations

Editor’s notes. - For information as to the effective date of this Code section, see

the delayed effective date note at the beginning of this article.

Notes of Decisions

Cited in 4 cases (3 in the last 5 years), 2017–2023 · leading case: Motorsports of Conyers, LLC v. Burbach, 892 S.E.2d 719 (Ga. 2023).

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Motorsports of Conyers, LLC v. Burbach, 892 S.E.2d 719 (Ga. 2023). · cites it 4× “1873, § 3 In particular, see OCGA §§ 13-8-52 (a) (listing specific types of contracts, including employment contracts, to which GRCA applies); 13-8-53 (a) (providing that restrictions that are “reasonable in time, geographic area, and scope of prohibited activities” “shall be…”

Burson Et Al. v. Milton Hall Surgical Assocs., LLC., 806 S.E.2d 239 (Ga. Ct. App. 2017). · cites it 2× “OCGA § 13-8-53 (a) ; see OCGA § 13-8-52 (a) (1). Any restrictive covenant not in compliance with the provisions of [OCGA Title 13, Chapter 8, Article 4] is void and unenforceable; provided, however, that a court may modify a covenant that is otherwise void and unenforceable so…”

North Am. Senior Benefits, LLC v. Alisha Wimmer (Ga. Ct. App. 2023). · cites it 2× “]” OCGA § 13-8-52 (a) (1). And although the parties’ contracts designate the Wimmers as independent contractors, the Act defines “employee” to include independent contractors.”

William T. Mullally v. Cu Captial Mktg. Solutions (Ga. Ct. App. 2023). · cites it 2× “” OCGA § 13-8-52. See also OCGA § 13-8-51 (15) (defining restrictive covenants).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.