It’s hard to believe another year is coming to a close, but here we are. As part of my personal year-end celebration, I have prepared an informal ranking of the top mistakes I’ve tried to help clients avoid, correct, or...more
1/7/2019
/ Americans with Disabilities Act (ADA) ,
Email Policies ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Job Applicants ,
Job Descriptions ,
Misclassification ,
Screening Procedures ,
Wage and Hour ,
Wrongful Termination
I was reading recently about a lawsuit in which four plaintiffs’ law firms tried for years to pursue a class action lawsuit against a Chipotle operation up in Minnesota. The claim was that a shift supervisor at one of the...more
11/15/2018
/ Attorney's Fees ,
Back Wages ,
Class Action ,
Decertification ,
Employer Liability Issues ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Litigation Fees & Costs ,
Off-The-Clock ,
Restaurant Industry ,
Wage and Hour
It’s that time of year again, with many employers offering free flu shots to employees in hopes of reducing flu-related absences and resulting productivity decreases in the months ahead. Most often, a flu shot is offered as a...more
11/5/2018
/ Americans with Disabilities Act (ADA) ,
At-Will Employment ,
Civil Rights Act ,
Collective Bargaining ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Flu Shot Rule ,
Religious Accommodation ,
Title VII ,
Vaccinations
On June 19, 2018, the U.S. Department of Labor (DOL) issued its highly anticipated final rule expanding the availability of association health plans (AHPs). This article provides a brief overview of this topic, which may be...more
A recent decision by the Court of Appeals of Tennessee, in which the employer prevailed in a retaliatory discharge claim, demonstrates the importance of (1) maintaining confidentiality of workplace investigations and (2)...more
8/3/2018
/ Appeals ,
Burden of Proof ,
Confidential Employer Investigations ,
Employer Liability Issues ,
Hiring & Firing ,
Hospitals ,
Human Resources Professionals ,
Poor Job Performance ,
Protected Activity ,
Race Discrimination ,
Racist Remarks ,
Retaliation ,
Salespersons ,
Workplace Investigations ,
Wrongful Termination
I received a call recently from an employer that wanted to know if it could exclude a newly created job category from an annual bonus program. The employer told me that payments under the program were based on the company’s...more
From: Tennessee Employment Law Letter | 04/01/2018 -
Employees who have taken or who are currently taking leave under the federal Family and Medical Leave Act (FMLA) aren’t necessarily protected from being selected for...more
On April 2, 2018, the U.S. Supreme Court issued a decision, Encino Motorcars, LLC v. Navarro, interpreting what is known as the “auto dealers exemption” under the Federal Labor Standards Act (“FLSA”)....more
4/4/2018
/ Appeals ,
Automotive Industry ,
Car Dealerships ,
Congressional Intent ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Legislative History ,
Navarro v Encino Motorcars ,
Over-Time ,
Reversal ,
Salespersons ,
SCOTUS ,
Service Advisors ,
Statutory Construction Test ,
Wage and Hour
The law giving handgun carry-permit holders the right to transport and store firearms and/or ammunition in their vehicles parked in an employer’s parking lot goes into effect July 1, 2013. With the enforcement deadline at...more
On March 14, 2013, Tennessee Governor Haslam signed the so-called “Guns in Trunks” law, which will go into effect July 1, 2013. The new law, which will be codified as T.C.A § 39-17-1313, states that handgun-carry permit...more
Originally published in the Tennessee Employment Law Letter on February 28, 2013.
On Thursday, the Tennessee House of Representatives passed a bill permitting handgun carry permit holders to store firearms and...more
Do you use a third party service to conduct background checks on job applicants or employees? If yes, then you should take note of new forms which employers are required to use for this purpose, effective January 1, 2013. ...more
Employers who rely on exempt classifications to avoid paying overtime—and particularly employers in the banking and financial services industries—should take in interest in a recent ruling affirming the exempt status of a...more