Jennifer Hall

Jennifer Hall

Baker Donelson

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Mississippi's Right to Work State Status Made Stronger with Three New Bills

Mississippi's current Constitution, adopted in 1890, confirmed the State's intention to be a "right to work" state: It is hereby declared to be the public policy of Mississippi that the right of a person or persons to...more

7/17/2014 - Employer Liability Issues New Legislation Right to Work Union Membership Unions

DOL Proposes Rulemaking to Amend Definition of "Spouse" for FMLA

In 2013, the United States Supreme Court held, in U.S. v. Windsor, that the Defense of Marriage Act's limitation of "marriage" and "spouse" to heterosexual couples was unconstitutional. Thereafter, President Obama instructed...more

7/17/2014 - DOL DOMA Employer Liability Issues FMLA Leave of Absence Rulemaking Process Same-Sex Marriage SCOTUS US v Windsor

Wage And Hour Issues Make Headlines Early In 2014

Based upon a unanimous ruling from the United States Supreme Court and comments from President Barack Obama during his State of the Union address, wage and hour issues are front and center for 2014. Under the wage and hour...more

2/5/2014 - Collective Bargaining FLSA Protective Gear Sandifer v U.S. Steel Corp SCOTUS Unions Wage and Hour Workplace Attire

The FLSA's "8 and 80" Overtime Provisions: What You Need to Know

The Fair Labor Standards Act (FLSA) requires that employers pay most hourly workers for all hours worked plus overtime, calculated at one-and-a-half times the employee's regular rate, based on 40 hours per seven-day workweek....more

12/13/2013 - e Employer Liability Issues FLSA Over-Time Wages

Does the ADA Amendments Act Absolve a Party Alleging Disability Discrimination From Having to Prove the Disability?

That was the question recently presented to the United States Court of Appeals for the Fifth Circuit, and the Fifth Circuit resoundingly answered "no." Specifically, in Neely v. PSEG Texas, LP, the Fifth Circuit held "though...more

11/13/2013 - ADA Burden of Proof Disability Disability Discrimination

Are Title VII Retaliation Claims Dead Post-Nassar?

This June, the U.S. Supreme Court announced the causation standard for Title VII retaliations claims in the landmark case of University of Texas Southwestern Medical Center v. Nassar, 133 S. Ct. 2517, 2533 (2013),...more

10/17/2013 - But For Causation Retaliation SCOTUS Title VII UT Southwestern Medical v Nassar

Accommodating the Breastfeeding Employee

The Scenario: Female employee returns from 12-week maternity leave. Upon her return to work, she requests permission to use break time to express breast milk. Additionally, she requests a private room other than a bathroom...more

9/13/2013 - Discrimination FLSA Pregnancy Pregnancy Discrimination Reasonable Accommodation Sex Discrimination

An Offer You Should Refuse: Eleventh Circuit Says No to Private Settlements of FLSA Claims

With a fact pattern exemplifying the need for protection of employees under the Fair Labor Standards Act (FLSA), the Eleventh Circuit has held that former employees may only settle their FLSA claim 1) under the supervision of...more

8/15/2013 - Employer Liability Issues Exempt-Employees FLSA Non-Exempt Employees Settlement Unpaid Overtime

Are Your Company's Policies on the EEOC's Enforcement Radar?

As part of its Strategic Plan, the U.S. Equal Employment Opportunity Commission (EEOC) has issued its Strategic Enforcement Plan (SEP) for FY 2013-2016....more

7/16/2013 - ADA Compliance EEOC Enforcement Strategic Enforcement Plan Title VII

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