On Friday, the Tennessee Supreme Court held in Yardley v. Hospital Housekeeping Systems that applicants are not eligible as a matter of law to assert "failure to hire" claims based on even the admitted fact that the reason...more
In our June 26 alert regarding the U.S. Supreme Court's same-sex marriage decision in Obergefell v. Hodges, we said we would continue to keep you posted regarding new developments in this area of the law.
Some of you may...more
The U.S. Department of Labor issued a proposed rule this morning that would expand federal overtime pay regulations to cover nearly 5 million additional employees by raising the minimum salary threshold required to qualify...more
A recent front-page article in the Chattanooga Times Free Press has elicited several questions from employers relating to a relatively new Tennessee law which allows those with prior felony convictions to receive a...more
In a closely-watched case arising from the Tenth Circuit Court of Appeals, EEOC v. Abercrombie & Fitch Stores Inc., the U.S. Supreme Court held yesterday that an applicant or employee need not prove that an employer had...more
The DOL has issued new FMLA leave certification forms.
The only changes are a new May 31, 2018 expiration date, a few more instructions from the DOL regulations and a reference to the GINA safe harbor exception....more
We have previously updated you on Tennessee's new "non-retaliation for the lawful possession of a firearm" law which will go into effect on July 1, 2015.
However, now that the State Legislature has wrapped up its 2015...more
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