Ben Bodzy

Ben Bodzy

Baker Donelson

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Supreme Court Finds NLRB Recess Appointments Invalid

In a highly anticipated decision, NLRB v. Noel Canning, the U.S. Supreme Court unanimously held yesterday that three of President Obama's recess appointments to the National Labor Relations Board (NLRB) were invalid because...more

6/27/2014 - Canning v NLRB NLRB NRLA Recess Appointments SCOTUS

Why Did the UAW Withdraw its Objections to the Volkswagen Election?

The UAW surprised many observers on April 21, 2014 by withdrawing its objections to the February 12-14, 2014 election at Volkswagen's Chattanooga, Tennessee plant. After employees voted by a 53% margin to reject...more

4/25/2014 - NLRB UAW Union Elections Unions Volkswagen

Employment Reform Legislation Passes Tennessee Legislature

On April 16, 2014, the Tennessee General Assembly, at the urging of Baker Donelson, passed significant employment litigation reform that will benefit employers throughout Tennessee. The bill places caps on compensatory...more

4/17/2014 - Damages Employer Liability Issues Non-Pecuniary Losses Pain and Suffering

Why Can't We Be Friends? – The Expanding Scope Of Third Party Retaliation Claims

Of all workplace discrimination claims employers are likely to face, retaliation claims top the list, comprising over one-third of all claims filed with the EEOC in recent years. The reason for their prevalence is that...more

3/27/2014 - Discrimination EEOC Retaliation Third-Party Relationships

According to the EEOC, courts have no business reviewing its efforts to conciliate charges of discrimination

The EEOC is making a concerted effort in courts across the country to shield from judicial review its actions during the pre-suit conciliation phase. The EEOC argues that the judiciary should not review for reasonableness and...more

10/18/2013 - Administrative Procedure Act Discrimination EEOC Good Faith Judicial Review Reasonableness Factors

Employers’ Latest Social Media Nightmare - - Vine

If you are still learning how to navigate Facebook, Tweet, or Instagram in order to keep up with your employees, you better add Vine to your list. Vine is a new mobile service app from Twitter that allows users to capture and...more

9/11/2013 - Employer Liability Issues Social Media Social Media Policy Twitter Vine

Time for Employers to Review Their Family Medical Leave Act Policies Following the Supreme Court's Decision to Strike Down DOMA

Employers in the District of Columbia, California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Vermont, and Washington should review their Family Medical...more

8/2/2013 - DOMA Employee Benefits FMLA Marriage Medical Leave Same-Sex Marriage SCOTUS

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