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Tennessee Supreme Court Throws Out Applicant's Workers' Compensation Retaliation Claim Against Prospective Employer

On August 21, 2015, the Tennessee Supreme Court held that a job applicant does not have a cause of action under the Tennessee Workers' Compensation Act (TWCA) against a prospective employer for failure to hire based on the...more

New EEOC Guidance Expands Protection for Pregnant Employees

The EEOC has issued new guidance on the reach of the Pregnancy Discrimination Act ("PDA"), and, not surprisingly, taken a very expansive view of the protections to be afforded pregnant employees....more

Health Care Alert: Supreme Court Limits Agency Fees to Full-Fledged Public Employees

In a decision that could have a significant financial impact on many labor unions, the U.S. Supreme Court has held that personal care providers, who are considered state employees only for limited collective bargaining...more

Healthcare Employers Must Be Consistent When Restricting Union Buttons and Other Insignia

The National Labor Relations Board ("NLRB" or "Board") recently held that a healthcare employer violated the National Labor Relations Act (NLRA) by prohibiting employees from wearing union protest stickers. See HealthBridge...more

New Tennessee Law Limits Scope of Employment Discrimination

Tennessee has drastically changed the legal landscape of employment discrimination litigation under state law. For claims arising after July 1, 2014, plaintiffs will no longer have the ability to seek unlimited compensatory...more

Is Telecommuting As A Reasonable Accommodation Under The ADA The New Norm?

Executive Summary: The Sixth Circuit recently held that a four day per week telecommuting arrangement could be a reasonable accommodation for a disabled employee, even though the employer determined, in its business judgment,...more

OFCCP Moratorium Offers Only Temporary Relief For Health Care Providers

Executive Summary: Labor Secretary Perez has announced a five-year moratorium on enforcement "of the affirmative action obligations of all TRICARE providers," and has stated that the Office of Federal Contract Compliance...more

3/24/2014  /  FEHBA , Healthcare , Moratorium , OFCCP , TRICARE

The Full Quorum Strikes Back - NLRB's Ambush Election Rules Revived

Executive Summary: With a full quorum of Board members and a 3-to-2 political majority in the Democrats' favor, the National Labor Relations Board (NLRB) has resurrected proposed rule changes that would drastically affect...more

Pregnancy-Blind Light Duty Policy Not Enough To Obtain Summary Judgment On Pregnancy Discrimination Claim In New Sixth Circuit...

The Sixth Circuit recently held that a certified nursing assistant (CNA) should be permitted to take her Pregnancy Discrimination Act claim to trial even though the employer terminated her based on its facially neutral policy...more

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