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Texas Court Enjoins FTC From Enforcing Noncompete Rule

As expected, a Texas federal court issued a ruling on August 20, 2024, declaring that the Federal Trade Commission’s (“FTC’s”) new rule purporting to ban nearly all noncompete agreements shall not “take effect on its...more

Texas Court Finds That FTC Noncompete Rule Is Invalid

In a highly-anticipated ruling, a Texas federal court concluded on July 3, 2024, that the Federal Trade Commission (“FTC”) exceeded its authority by enacting its rule in April 2024 that purports to ban nearly all noncompete...more

FTC Issues Final Rule Purporting to Ban Most Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to issue a new rule that will dramatically impact employers that use noncompete agreements to protect their business interests. In January 2023, the FTC...more

FTC Issues Proposed Rule Banning Non-Compete Agreements

On January 5, 2023, the Federal Trade Commission (“FTC”) voted 3-1 to propose a rule that, if adopted, will dramatically impact companies that use noncompete agreements to protect their business interests. Under the proposed...more

Step-dad’s “slobbery” kiss leads to big trouble for Tennessee employer

Under Title VII, an employer can be held liable for retaliation by a non-supervisory co-worker if (1) the conduct is sufficiently severe to dissuade a complaint of discrimination; (2) management was aware of the behavior; and...more

High drama at the Rag-O-Rama: Court addresses poorly-worded employment agreement

Employees are presumptively deemed to be “at-will” in virtually every state. Recently, the United States Court of Appeals for the Sixth Circuit (which oversees federal courts in Kentucky, Michigan, Ohio, and Tennessee)...more

Tennessee Federal Court Enjoins Misuse of Employer’s Trade Secrets

Misappropriation of trade secrets claims often turn on whether the information that was taken is truly a “trade secret.” In considering whether information is a trade secret, courts consider a number of factors, including...more

Wild After-Hours Halloween Party Leads to Sexual Harassment Lawsuit

Like Title VII to the Civil Rights Act of 1964, the Tennessee Human Rights Act (“THRA”) forbids workplace harassment and other forms of discrimination on the basis of sex. Recently, the Tennessee Court of Appeals considered...more

Employer’s Interests Outweigh Free Speech Rights of Employee Fired for Using Racial Slur

Government employees enjoy more protection than employees of private-sector companies when it comes to speaking their minds about politics or other matters of public concern outside the workplace. A public employee may not be...more

Managing Office Politics: Avoiding Discord in the Workplace

It seems like we live in a tinderbox. The combination of the upcoming presidential election, emerging debates about social justice issues, and the ongoing pandemic seems to have created the perfect storm. When filtered into a...more

Tennessee Court Offers Insights on Viability of Whistleblower Claims

Under the Tennessee Public Protection Act (TPPA), also known as “the whistleblowing statute,” it’s illegal to fire an employee if the sole cause for the termination was for refusing to either remain silent about or to...more

Sixth Circuit Court of Appeals Provides Guidance as to When Increased Scrutiny May Show Unlawful Retaliation

Federal law (as well as many states’ law) forbids an employer from retaliating against an employee who engages in protected activity, such as complaining of unlawful discrimination. One way that many employees seek to...more

Ramping Up to Return to the Workplace in the “Post” Pandemic Environment

As employers look to transition workers back into the workplace as stay-at-home orders and other business restrictions expire, many considerations exist, legal and otherwise. These considerations have become more immediate...more

Avoiding Pregnancy Discrimination Snares in the Workplace

Pregnancy discrimination has been in the news quite a bit lately. Recently, Walmart agreed to pay $14 million as part of a settlement in response to accusations that it systematically discriminated against pregnant employees...more

#MeToo sexual harassment claims against court clerk go to jury trial

Like Title VII of the Civil Rights Act of 1964, the Tennessee Human Rights Act (THRA) forbids sexual harassment as a form of sex discrimination. To be actionable, the harassment must be so severe or pervasive that it creates...more

Expert Disclosures: Navigating the Distinction Between Retained and Non-Retained Experts

In 2010, Fed. R. Civ. P. 26 was amended to require full expert reports and other disclosures for retained expert witnesses, but only summaries of anticipated opinion testimony of non-retained experts. During the ensuing nine...more

Pro Te: Solutio – Vol. 12, No. 3

Summer is winding down, and Fall texted to say she is on her way. This means that Pro Te: Solutio is returning for its third edition of 2019. As always, our authors have taken the time to research and address current issues...more

'Go Back to Where You Came From': Employer Liability When Workers Say Xenophobic Things

President Donald Trump’s recent Tweet suggesting that four Democratic congresswomen should “go back and help fix the totally broken and crime infested places from which they came” has sparked robust debate across the country....more

Nashville Trump Supporter Fired Over Facebook Post Wins Trial

Government employees enjoy more protection than employees of private-sector companies when it comes to speaking their minds about politics or other matters of public concern outside the workplace. A public employee may not be...more

TN Appeals Court Reinstates Hostile Work Environment and Whistleblower Claims

An individual may file a claim under Tennessee’s “whistleblower statute”—the Tennessee Public Protection Act (TPPA)—if she was fired solely for reporting or refusing to participate in illegal activity. Similar to federal law,...more

Managing Contagious Diseases In the Workplace

We’re in the middle of flu season. The flu and other communicable diseases present a number of challenges for employers. What’s your duty to prevent the spread of contagious diseases in your workplace? Can you require an...more

Court Blows the Whistle on Sevierville Police Officer's TPPA Claims

Under the Tennessee Public Protection Act (TPPA), also known as the “whistleblower statute,” it is unlawful to fire an employee “solely for refusing to participate in, or for refusing to remain silent about, illegal...more

The ADA and the Volatile Employee

Jerry’s generally a good employee, but he hasn’t been acting quite right. Co-workers have been taken aback that he’s lost his cool over relatively trivial issues. Although he hasn’t made any overt threats, he gets worked up...more

Tennessee Court of Appeals Tackles Issues Surrounding Preparation to Compete

I’ve previously written about the circumstances in which taking preparatory measures to compete crosses the line so as to become unlawful. A couple of recent Tennessee Court of Appeals decisions provide more insight....more

Sixth Circuit Upholds EEOC Victory in ADA Suit

In a previous piece, I wrote about a diabetic worker in East Tennessee who won a jury award in an Americans with Disabilities Act (ADA) case against Dollar General. The worker was fired for violating Dollar General’s grazing...more

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