Employers in Tennessee face a complex legal landscape when conducting background checks on job applicants. Ensuring compliance with state and federal laws is essential to mitigate legal risks and maintain fair hiring...more
“Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (Order) is one of President Trump’s most recent executive orders. The Order was signed on January 21, 2025. The Order revoked Executive Order EO11246...more
1/23/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Civil Rights Act ,
Department of Labor (DOL) ,
Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
OMB ,
Subcontractors ,
Title VII
Massachusetts, Minnesota, New Jersey and Vermont have each enacted pay transparency laws which are effective in 2025 and Illinois amended its Equal Pay Act to include pay transparency requirements effective as of January 1,...more
1/14/2025
/ Compensation ,
Compliance ,
Disclosure Requirements ,
Employee Benefits ,
Employer Liability Issues ,
Employment Policies ,
Equal Pay ,
Equal Pay Act ,
New Legislation ,
Pay Transparency ,
Reporting Requirements ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
As previously covered on our HR Law Talk blog, the Federal Trade Commission’s (FTC) non-compete ban (FTC Rule or the Rule) is scheduled to take effect on September 4, 2024. Issued in April, the FTC Rule prohibits all...more
The National Labor Relations Board (NLRB) has dropped its appeal of a Texas federal judge’s order striking down its new, expansive joint employer rule. As readers may recall, late last year the NLRB issued a rule broadening...more
On June 28, the U.S. Supreme Court overturned the landmark Chevron decision, which had required courts to uphold a federal agency’s interpretation of a statute as long as it was reasonable. Now, courts are required to...more
7/1/2024
/ Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Government Agencies ,
Judicial Authority ,
NLRB ,
OSHA ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
On April 23, the Federal Trade Commission (FTC) voted to adopt a monumental final rule prohibiting employers from entering into non-competes against all workers within the jurisdiction of the FTC – a move that is poised to...more
5/3/2024
/ Antitrust Provisions ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Contract ,
Exemptions ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Notice Requirements
The Pregnant Workers Fairness Act (PWFA) became effective on June 27, 2023. On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued its proposed regulations on the PWFA. After receiving over 100,000...more
4/23/2024
/ Americans with Disabilities Act (ADA) ,
Employee Handbooks ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
Labor Reform ,
New Legislation ,
Policies and Procedures ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation
On January 31, the Sixth Circuit published a cautionary tale regarding the “reasonable belief” doctrine involving an employer that fired a disabled employee for a positive drug test for “marijuana.”...more
As we enter 2024, there are a few employment law issues to keep top of mind. Below is a list of the top five HR policies and key issues to review as we head into the New Year:
1. Paid Time Off (PTO) and Leave Policies:...more
1/3/2024
/ Confidentiality Agreements ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Non-Compete Agreements ,
Non-Disparagement Provisions ,
Paid Leave ,
Paid Time Off (PTO) ,
Pay Transparency ,
Policies and Procedures ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Wage and Hour
The National Labor Relations Board (NLRB) recently issued a decision radically changing how employers may use (or, more accurately, not use) nondisparagement and confidentiality clauses in severance agreements....more
3/13/2023
/ Confidentiality Agreements ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
NLRA ,
NLRB ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Section 7 ,
Severance Agreements ,
Unions
In response to President Biden’s Executive Order issued on January 21, 2021, directing the Occupational Safety and Health Administration (OSHA) to take action to reduce the risk that workers may contract COVID-19 in the...more
6/14/2021
/ Anti-Retaliation Provisions ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employee Training ,
Employees ,
Employer Liability Issues ,
Health and Safety ,
Health Care Providers ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Paid Leave ,
Personal Protective Equipment ,
Public Health ,
Recordkeeping Requirements ,
Regulatory Standards ,
Screening Procedures ,
Social Distancing ,
Vaccinations ,
Workplace Safety
The legislatures of Oregon, Nevada and Illinois recently placed additional limitations on restrictive covenants, particularly non-competition covenants.
Changes to Oregon Restrictive Covenants -
Effective as to...more
6/9/2021
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Governor Brown ,
Governor Pritzker ,
Governor Sisolak ,
New Legislation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
State Legislatures
As passed back in March 2020, the Families First Coronavirus Response Act (FFCRA)’s Emergency Paid Sick Leave (EPSL) Act and Emergency Family and Medical Leave Act (EFMLA) requirements by which employers with less than 500...more
12/23/2020
/ Coronavirus/COVID-19 ,
EFMLA ,
Employees ,
Employer Liability Issues ,
EPSLA ,
Extensions ,
Families First Coronavirus Response Act (FFCRA) ,
New Legislation ,
Relief Measures ,
Sick Leave ,
Tax Credits
Managing an employee who is struggling with alcoholism or substance use disorder can be challenging for employers. While both conditions could be protected under the Americans with Disabilities Act Amendments Act (ADAAA),...more
The recent Sixth Circuit opinion in Hostettler v. The College of Wooster, No. 17-3406 (6th Cir. July 17, 2018), is a cautionary tale for employers faced with a full-time employee seeking a modified work schedule as an...more