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6 of One, Half a Dozen of the Other: 10th Circuit Rules Quid Pro Quo and Hostile Work Environment Harassment Theories Aren’t So...

Quid pro quo and hostile environment sex harassment claims—two totally different claims—right? Or are they? While employers draw strict distinctions between these types of sex harassment, courts may not go along, as...more

C’est La Vie: No ‘Right to Disconnect’ in U.S., But Non-Exempt Workers Must Be Paid for ‘Connected’ Time

Could a “right to disconnect” become law in the U.S.? France is trying it. Effective January 1, a new French law went into effect giving workers a “right to disconnect” when not at work. French employers with 50 or more...more

Signs, Signs, Everywhere a Sign: What Employers Need to Know About Tennessee’s New Gun Posting Law

Tennessee employers– you can generally keep weapons off your property, but if you want to prosecute violators, you need the right sign. And, effective July 1, 2016, the state has changed what it says is an acceptable sign....more

HR to the Rescue: Prompt Investigation Beats EEOC’s Sex Harassment Claim

Don’t listen to all the doubters – HR truly can save the day. A recent federal court decision from the Western District of Tennessee illustrates the point again: prompt and appropriate investigation of a sexual...more

“Ban the Box” Gains Momentum, At Least with Public Employers – Tennessee Becomes Latest State to Bar State Agencies from Asking...

Tennessee has become one of the latest states to “ban the box,” joining a growing list of jurisdictions barring employers from asking about job applicants’ criminal histories. As of April 18, 2016, a total of 23 states and...more

Tennessee Appears to Opt-Out of Workers’ Comp Opt-Out, At Least for this Year

A bill to allow Tennessee employers to voluntarily opt-out of the state’s workers’ compensation system appears to have been derailed, at least for this year....more

EEOC by the Numbers: FY 2015 was the Best Year Ever

The Equal Employment Opportunity Commission (EEOC) says fiscal year 2015 was its best enforcement year ever, resulting in more than $525 million for “victims of discrimination in private, state and local government, and...more

Remember the ADA: Workers’ Comp Claims Count Too!

Regardless of your state’s workers’ compensation laws, covered employers must always keep the Americans with Disabilities Act (ADA) in mind when wrestling with whether to ask job applicants about prior workers’ compensation...more

Employee or Independent Contractor: The DOL Weighs in on Worker

With the prevalence of companies providing ‘‘on demand’’ services today, the temptation to classify workers as independent contractors rather than employees has perhaps never been greater, attorneys Keith Covington and John...more

Think Fast: HR’s Prompt Investigation Key Factor in Sexual Harassment Case Win for Employer

A recent ruling from a Tennessee appeals court reinforces that a prompt and reasonable investigation can help save an employer from liability in response to sexual harassment charges....more

Tennessee Takes Shot at NLRB in New Law Limiting Franchisor Liability

Franchisors in Tennessee can breathe a small sigh of relief thanks to a newly enacted state statute that seeks to limit their potential liability and strike back at the general counsel of the National Labor Relations Board....more

Hold Your Fire: Tennessee Bars Employers from Terminating Employees for Complying with ‘Guns-in-Trunks’

Earlier this month, Tennessee Governor Bill Haslam signed a law prohibiting employers from firing employees for complying with the state’s “guns-in-trunks” statute. The new law creates another exception to Tennessee’s...more

Uber, Lyft “Employee or Independent Contractor” Cases Provide Classification Lessons for All Employers

The more things change, the more they stay the same. As our “on-demand” society continues to develop and services are offered in ever new and more convenient ways, businesses must remain mindful of the traditional factors...more

‘Guns in Trunks’ and Franchisor Liability Highlight Proposed Tennessee Employment Law Changes

Barring the firing of an employee for legally bringing a firearm to work and liability protection for franchisors highlight the employment law proposals on the Tennessee legislature’s agenda for this year. ...more

Tennessee’s New Social Media Law Gives Employers Dos and Don’ts Regarding Employee Privacy

All Tennessee employers and their agents must now comply with the “Employee Online Privacy Act of 2014,” a new law that prohibits employers from asking their employees for their usernames and passwords to social media sites,...more

Tennessee AG: Guns in Trunks Constitutional

Tennessee’s “guns-in-trunks” law is constitutional and enforceable, according to a recent opinion from the Tennessee Attorney General’s Office. In 2013, the Tennessee legislature passed and Governor Bill Haslam signed...more

Shootin’ Blanks: Tennessee Appeals Court Dismisses Officer’s Whistleblower Suit Over Live Ammo’s (Almost) Use

Reminder to Tennessee whistleblowers and employers: a Tennessee Public Protection Act (“TPPA”) suit only works if the purported whistleblower has a reasonable belief that what occurred was actually illegal. To prevail...more

Tennessee: Undocumented Worker Has Standing to Bring Retaliatory Discharge Claim

Tennessee employers take note—undocumented workers who can’t return to work because of their immigration status can still sue you for retaliatory discharge. In a case of first impression, the Tennessee Court of Appeals held...more

Obama Administration Seeks Changes to Overtime Rules to Make More Workers Eligible for Overtime Pay: Possible Changes Include...

In a move that could affect nearly all employers, President Barack Obama signed a presidential memorandum last week directing the U.S. Department of Labor (DOL) to update its overtime regulations to make more employees...more

3/18/2014  /  DOL , FLSA , Unpaid Overtime , Wage and Hour

D.C. Circuit Invalidates NLRB Poster Rule: Court Strikes Another Blow to Agency by Striking Down Rule Requiring Employers to Post...

The U.S. Court of Appeals for the D.C. Circuit’s legal sparring with the National Labor Relations Board (NLRB) continued on Tuesday when a unanimous panel held that the NLRB’s poster rule was invalid because it infringed on...more

Weapons at Work? States Consider Requiring Employers to Allow Firearms in Employees' Vehicles

Several states – including Alabama, Tennessee, and North Carolina – are currently considering legislation that would require employers to allow their employees to bring firearms to work and store them in their vehicles...more

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