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Tennessee Court of Appeals Cleans Up Questions on Dog Groomers' Employment Status

Individuals performing the main function of your business cannot be classified as independent contractors in Tennessee. At least, that’s what the Tennessee Court of Appeals ruled recently when analyzing whether the Tennessee...more

Do Not Repeat the Mistakes of Your Diva

Preparation pays off. While it may be well known that “practice practice practice” gets you to Carnegie Hall, it appears you don’t even need to do the sound check to play Times Square on New Year’s Eve. Mariah Carey’s...more

Yes, Cher, you can ‘Turn Back Time’—you’ll just have to pay for it

By the way, if you haven’t heard, the Cubs won something called “the World Series.” Our long, national nightmare—arrogant Cubs fans—has now officially begun. Now, onto things that actually matter. This past weekend, we...more

What We Learned: Talent Placement Lesssons from Tennessee Football and The American Ryder Cup Team

Sports are about players making plays. Coaches and managers can breakdown film, scheme, and motivate all they want. But, when the game is on the line, execution is all that matters. As the ole coach said, “It’s not about the...more

Brilliant (but not bedazzled) baristas

A ton of us are drinking coffee. I literally have a paper cup full of “life juice” next to my keyboard as I write this post. Coffee is not the reason I get out bed, but it is certainly a large contributor to me not staying...more

Learning from Orlando: addressing potentially violent employees

In the nine days since Omar Mateen opened fire in the Pulse nightclub, killing 49 individuals and injuring several others, a report surfaced that Mateen’s violent nature and potential to do harm to others was readily apparent...more

ABC, Kelly Ripa, Michael Strahan, and lessons on parting ways with key employees

What Kelly Ripa lacks in size, she makes up for in attitude. At just 5’3?, the petit daytime talk show star measures but a fraction of the size of her former co-host, Michael Strahan, himself a former New York Giants...more

3 tips for appropriate performance appraisals

Each new year brings new resolutions. You might not be surprised to learn a 2015 Nielsen survey showed getting in shape was the most common new year’s resolution for last year. This year is likely to bring more of the same. I...more

3 tips on firing employees—Les Miles/Mark Richt “silly season” edition

With the college football regular season coming to a close, you may have noticed that a different kind of season has begun, a time referred to by authors and sports bloggers alike as “silly season.” The fun (and farce) is...more

12/2/2015  /  Hiring & Firing , Popular , Termination

Restaurant Industry Update: Tennessee Court of Appeal Permits Lawsuit under State Tip Law to Proceed

The Tennessee Court of Appeal has held that a bartender can proceed with her lawsuit under §107 of the Tennessee Wage Regulation Act (TWRA), claiming her employer failed to pay her and other similarly situated employees tips...more

Restaurant Industry Alert: "Fight for $15" Planned for Tax Day

In the latest move in their two-year campaign to raise the minimum wage to $15 per hour, fast-food workers have announced plans for a major one-day walkout on April 15, 2015 – Tax Day for U.S. employers. Events are planned in...more

Tennessee Governor Signs Legislation Providing Additional Employment Protections for Handgun Owners

Tennessee Governor Bill Haslam has signed legislation providing new employment protections for handgun owners. As discussed in more detail in our March 25, 2015 Alert, the new law creates a private right of action for any...more

Tennessee Legislature Approves New Employment Protections for Handgun Owners

On March 23, 2015, members in both houses of the Tennessee General Assembly voted overwhelmingly to pass new employment protections for handgun owners. The bill creates a private right of action for any employee who is...more

Tennessee Legislature Adds Employee Privacy Protections to "Internet Accounts"

Executive Summary: Accessing information about employees and applicants via their social media accounts just got a bit more complicated in Tennessee. This past legislative session, the Tennessee General Assembly passed the...more

Restaurant Industry Alert - Fast Food Strikes Announced For Global Workforce

Executive Summary: In an attempt to draw attention to their ongoing efforts to raise the minimum wage to $15 per hour, union organizers have announced another walkout/strike for May 15th....more

Tennessee Employee Gun Owner Protection Amendment Voted Down

Executive summary: On February 5, 2014, members of the Tennessee Senate voted down an amendment that would have created a specific employment protection for gun owners. The amendment sought to add a provision to the...more

2/7/2014  /  Gun Laws

Nursing Home Settles Genetic Information Discrimination Lawsuit

On January 13, 2014, the Equal Employment Opportunity Commission ("EEOC") announced the former operator of a nursing home and rehabilitation center in Corning, New York had agreed to pay $370,000 to settle a lawsuit filed by...more

Restaurant Industry Newsletter - August 2013

Fast Food Strikes Spread Across the Nation - Executive Summary: Recently, unions and union-backed workers' centers have set their sights on employers in the restaurant industry, particularly those operating fast-food...more

Legal Alert: Tennessee Financial Institutions Should Be Aware Of A Rise In ATM Accessibility Lawsuits

Banks and other financial institutions in Tennessee should take note of a recent string of lawsuits filed in Tennessee challenging the accessibility of automatic teller machines (ATMs)....more

Legal Alert: Tennessee Governor May Be Open To New Protections For Employee Gun Ownership

The Nashville Post recently reported that Tennessee Governor Bill Haslam may be open to legislative efforts to include additional protections for employee gun owners in 2014. ...more

Restaurant Industry Newsletter - July 2013

When OSHA Comes to Dine It Doesn't Make Reservations - The Occupational Health and Safety Administration (OSHA) establishes and enforces workplace safety regulations in several industries, including restaurants....more

Legal Alert: Supreme Court Adopts Narrow Definition Of Supervisor Under Title VII

On June 24, 2013, the United States Supreme Court issued an opinion favorable to employers, determining the term "supervisor" under Title VII should be defined narrowly. ...more

Legal Alert: AG Opinion Provides Guidance On Tennessee's Safe Commute Act

On May 28, 2013, Tennessee Attorney General Bob Cooper released an Opinion addressing the question of whether Tennessee's Safe Commute Act "prohibits an employer from terminating an at-will employee who brings a firearm or...more

Legal Alert: Tennessee's Safe Commute Act May Impact Workplace Weapons Policies

On March 14, 2013, Tennessee governor Bill Haslam signed into law the "Tennessee Safe Commute Act." The new law, which takes effect July 1, 2013, will allow handgun carry permit holders to store firearms and ammunition in...more

Legal Alert: NLRB Strikes Down Employer's Handbook Policies

On the same day as the D.C. Circuit Court of Appeals determined President Obama's recess appointments are unconstitutional, the NLRB continued its assault on workplace rules and employee handbook policies. See DirecTV U.S....more

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