M. Levy Leatherman

M. Levy Leatherman

Baker Donelson

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Latest Publications


A New Year, a New EEOC? What to Expect Under Acting Chair Victoria Lipnic

On January 25, 2017, President Donald J. Trump appointed Victoria Lipnic as Acting Chair of the Equal Employment Opportunity Commission. Ms. Lipnic was an EEOC Commissioner from 2010 until her elevation to Acting Chair. Prior...more

3/13/2017 - EEO-1 EEOC Enforcement Actions Presidential Appointments Trump Administration Wage and Hour

NLRB Continues to "Like" Enforcement over Social Media Policies and Related Issues

In recent years, the National Labor Relations Board (NLRB) has focused attention on company policies that attempt to limit employee engagement in social media. Specifically, the NLRB has consistently taken the position that...more

12/13/2016 - ALJ Chipotle Grill NLRA NLRB Popular Protected Concerted Activity Section 7 Social Media Social Media Policy Twitter

Tennessee Employers Can Continue to Prohibit Guns Without New Liability

On July 1, 2016, Senate Bill 1736 went into effect in Tennessee. The law, introduced on January 15, 2016, was the subject of significant controversy. As the first of its kind across the country, SB 1736 as introduced sought...more

8/10/2016 - Concealed Carry Permit Concealed Weapons Employer No-Weapons Policies Employment Policies Firearms

Based on Improper Appointment of Acting General Counsel to NLRB, D.C. Circuit Court of Appeals Voids Unfair Labor Practice Ruling

On August 7, 2015, the United States Court of Appeals for the District of Columbia held that former National Labor Relations Board (NLRB) Acting General Counsel Lafe Solomon's appointment violated the Federal Vacancies Reform...more

8/21/2015 - Administrative Appointments ALJ Bonuses Canning v NLRB Collective Bargaining Corporate Counsel NLRB Nominations Obama Administration Unfair Labor Practices Unions

Can You Keep a Secret? The SEC Says to Ask Carefully

Employers have a lot to be worried about. Employees are given access to trade secrets, customer lists, financial accounts, and other highly sensitive, confidential information. Most employers attempt to deter improper use of...more

4/22/2015 - Confidential Information Confidentiality Agreements Contract Drafting Enforcement Actions Internal Investigations KBR (formerly Kellogg Brown & Root) NLRB Popular Rule 21F SEC Trade Secrets Whistleblower Protection Policies

Back on the Case: Fifth Circuit Reexamines Detective's Race Suit

Title VII of the Civil Rights Act of 1964 requires that an individual show that he or she was subjected to an "adverse employment action" in order to proceed on a claim of discrimination. Courts have defined "adverse...more

10/21/2014 - Adverse Employment Action Appeals Civil Rights Act Discrimination Employer Liability Issues Federal Rule 12(b)(6) Race Discrimination Title VII

No Refunds: Supreme Court Settles Circuit Split over Severance Payment Taxation

In its ruling on United States v. Quality Stores, Inc., No. 12-1408 (U.S. Mar. 25, 2014), the United States Supreme Court put to rest a decade-old battle over whether severance payments made to employees are taxable as wages...more

4/17/2014 - Employee Benefits FICA Taxes Hiring & Firing Medicare Taxes Quality Stores Severance Pay Social Security Social Security Taxes

Fifth Circuit Hands Win to EEOC in Same-Sex Harassment

The EEOC won a significant victory on September 30, 2013, as the United States Court of Appeals for the Fifth Circuit, sitting en banc, reinstated a jury verdict finding that the defendant, Boh Brothers Construction...more

10/14/2013 - Discrimination EEOC Gender Discrimination Sexual Harassment Sexual Stereotyping Supervisors Title VII

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