Last month, the Tennessee Supreme Court narrowed the definition of retaliation under state law. Less than one month later, the Sixth Circuit Court of Appeals (which has jurisdiction over Tennessee, Michigan, Ohio and...more
On Friday, March 27, 2015, the Tennessee Supreme Court upheld a Court of Appeals decision that in order to be a "whistleblower," an employee must "blow the whistle" to someone aside from the perpetrator of the alleged illegal...more
This is one of our "ones to watch for 2015" – Young v. UPS.
The legal question certified by the Supreme Court in 2014 was: Whether, and in what circumstances, the Pregnancy Discrimination Act requires an employer that...more
In another effort to remedy the chaos caused by the U.S. Supreme Court’s overturn of the DOMA in June of 2013, the Department of Labor (DOL) has issued its final rule defining who is a “spouse” for purposes of the federal...more
While you are making your other holiday lists (and checking them twice!) this season, one you may want to think about is an "HR holiday list" – a checklist of Human Resource-related items to consider for 2015.
The recent pregnancy accommodation Guidance from the Equal Employment Opportunity Commission ("EEOC") makes it clear that discrimination against a female employee who is lactating or breastfeeding is illegal, in violation of...more
Many of you may have heard about the new pregnancy Guidance which was issued by the EEOC this week, as the EEOC distributed it to the mainstream media....more
On the last day of its 2013-2014 session, the U.S. Supreme Court held today that (1) for-profit companies are protected as "persons" under the federal Religious Freedom Restoration Act of 1993 (RFRA) and (2) that the...more
And you thought it couldn’t happen here!
On April 29, Governor Haslam signed into law the Employee Online Privacy Act of 2014.
The new law does not go into effect until January 1, 2015 and will not affect any...more
The Equal Employment Opportunity Commission (EEOC) has issued two new Guidance documents in March.
Use of Background Checks -
The EEOC and the Federal Trade Commission (FTC), which enforces the Fair Credit...more
For several months now we have been watching the National Labor Relations Board's (NLRB) poster requirement suffer defeat after defeat in federal courts throughout the country. January 2 was the deadline for the Board to file...more
Here is a brief update to our September 24, 2013 alert, which addressed the administration of employee benefits as well as federal income taxes and FMLA leave following this summer’s ruling by the U.S. Supreme Court in United...more
Effective December 30, 2012, California implemented various changes to its Pregnancy Disability Leave Law (PDLL), which are beginning to be put to the test.
The new regulations expand when an employee may be considered...more
The EEOC prefers that these reports be filed on-line through the EEO-1 Online Filing System on its website – www.eeoc.gov. There is a sample EEO-1 Report available on the EEOC’s website as well. However, this cannot be...more
Windsor v. United States -
Issue: Can the federal government define marriage?
Loser: The federal Defense of Marriage Act (DOMA), which was passed in 1996 and signed by President Clinton, was...more
The four separate EEOC Q&A Guidance documents each are about 10 pages long. So, for those of you without the spare time to review them all, here is a brief “Cliff Note version.”
On Thursday, March 14, 2013, Governor Bill Haslam signed a new gun law for our state, which will go into effect on July 1....more
In follow-up to our February 6 alert concerning the Department of Labor’s (DOL) issuance of new Family and Medical Leave Act (FMLA) regulations, remember that these go into effect this Friday, March 8, 2013. Accordingly, as...more
Aside from the new poster requirement, the other change in the new regulations which is anticipated to have the most widespread effect on employers is the “clarification” of the increments in which employers can require...more
Nicholas Keith has been deaf since birth. After initially being offered a job as a lifeguard for Oakland County, Michigan, he, like all other County lifeguards, had to undergo a physical performed by a physician retained by...more
Regarding situation (1) above, the DOL states that although the 26 weeks of “injured service member care leave” can only be used once per service member for the same illness or injury, employees also would be eligible to use...more
What would the holidays be without a visit from the EEOC!
Its latest visit was to Dillard’s – to stop by to pick up a $2 million settlement check this week in connection with an ADA class action filed in California back...more
To start, for any company-sponsored gathering, liability cannot be totally eliminated. Even if attendance is completely voluntary for your employees, if the event is held on your property they will still be “invitees” like...more