Stacie L. Caraway

Stacie L. Caraway

Miller & Martin PLLC

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New Overtime Regulations Proposed

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

6/30/2015 - DOL FLSA Over-Time Wage and Hour White-Collar Exemptions

What is a Tennessee "Certificate of Employability"?

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

6/18/2015 - Criminal Records Hiring & Firing

U.S. Supreme Court Case EEOC v. Abercrombie Ruling: Employees Must Prove "Motive" Not Mere "Knowledge" in Order to Demonstrate...

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

6/2/2015 - Abercrombie & Fitch Actual or Constructive Knowledge ADA Discrimination EEOC EEOC v Abercrombie Employer Liability Issues Employment Application Hiring & Firing Reasonable Accommodation Religious Accommodation Religious Discrimination SCOTUS

The DOL Issues New FMLA Forms

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

6/1/2015 - DOL FMLA GINA Medical Leave Required Forms Safe Harbors

Tennessee Legislation Wrap Up: What You Need to Know Before July 1st

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

5/19/2015 - Coal Industry Construction Industry Construction Workers Mining Self-Insurance Small Business Social Security Numbers

Sixth Circuit Contradicts New TN Supreme Court Decision Regarding Retaliation Claims

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

4/30/2015 - Anti-Harassment Policies EEOC Harassment Hiring & Firing Retaliation Sexual Harassment Termination Title VII Wrongful Termination

Tennessee Supreme Court Upholds a Narrow Definition of "Whistleblowers"

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

3/30/2015 - Internal Reporting TN Supreme Court Whistleblowers

U.S. Supreme Court Rules on Pregnancy Accommodations

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

3/26/2015 - Disability Discrimination Duty to Accommodate EEOC Pregnancy Pregnancy Disability Leave Law Pregnancy Discrimination Reasonable Accommodation SCOTUS UPS Young v United Parcel Service

DOL Issues Final Rule Regarding the Definition of "Spouse" Under the FMLA

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

3/20/2015 - DOL Final Rules FMLA Same-Sex Marriage Spouses

Your HR Holiday List

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. These...more

11/19/2014 - Employment Policies Human Resources Professionals Year-End Planning

Lactation Discrimination and Accommodation Becomes a New Hot Topic for Federal Agencies and Courts

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

11/13/2014 - Breastfeeding Corporate Counsel Discrimination DOL EEOC Employer Liability Issues Enforcement Guidance FLSA Reasonable Accommodation Title VII

The EEOC's New Pregnancy Guidance

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

7/21/2014 - EEOC Employee Rights Pregnancy Pregnancy Discrimination

Two Significant Decisions Affecting Employers Issued the Final Day of the U.S. Supreme Court Session

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

7/1/2014 - Affordable Care Act Burwell v Hobby Lobby Collective Bargaining Contraceptive Coverage Mandate Contraceptives First Amendment Harris v Quinn Healthcare Hobby Lobby Medicaid Public Employees Religious Exemption Religious Freedom Restoration Act Right to Work SCOTUS Union Dues Unions

Personal Online Usernames and Passwords Are Protected in TN as of January 1, 2015

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

5/21/2014 - Data Protection Employee Rights Passwords

What’s New with the EEOC?

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

3/24/2014 - Compliance EEOC Enforcement FCRA FTC

Ding Dong the NLRB Poster Requirement is Dead

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

1/8/2014 - Employee Rights NLRA NLRB Posting Requirements

Update – Administering Benefits in a Post-DOMA World

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

12/3/2013 - DOL DOMA EBSA Employee Benefits ERISA FMLA IRC SCOTUS US v Windsor

New California Pregnancy Disability Leave Rules Put to the Test

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

9/26/2013

The EEO-1 Report Filing Date is Right Around the Corner – Are You Ready?

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

8/2/2013 - EEO-1 EEOC Filing Deadlines

The EEOC Issues New Guidance Regarding Those with Cancer, Diabetes, Epilepsy, and Intellectual Disabilities in the Workplace

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.” ...more

5/21/2013 - ADA Disability Discrimination Discrimination EEOC Reasonable Accommodation

New Gun Law Passes in Tennessee

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

3/19/2013 - Firearms Gun Laws Gun Permits Safety Precautions Zero Tolerance Policies

A Friendly Reminder to Begin Using the New DOL FMLA Poster and Forms

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

3/5/2013 - Deadlines DOL FMLA Notice Requirements

New FMLA Regulations Issued in Final Form

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

2/7/2013 - DOL FMLA TRICARE USERRA

New Sixth Circuit ADA Opinion May Make Employers Rethink How They Engage in the Interactive Process

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

1/24/2013 - ADA Disability Discrimination Keith v County of Oakland Reasonable Accommodation

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