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Two Things Employers Can Celebrate this Labor Day

After having two initiatives from the Obama Administration hanging over employers’ heads for the past two years, both the white-collar overtime exemption minimum salary requirement increase and the EEO-1 Report demographic...more

Monthly Pay Is Now Legal in Tennessee

For years, clients have asked us about the Tennessee Wage Payment Act and whether they could pay employees monthly “if they agreed to it” etc., because this Tennessee law expressly required bi-monthly pay – and imposed a fine...more

New Tennessee Law Creates New Duty to Report Healthcare Employees Who Fail Drug Tests

Governor Haslam has signed a new law affecting health care providers which goes into effect on July 1, 2017. It provides that “any healthcare employer which employs any person required to be licensed, permitted, certified...more

Tennessee Enacts Private Employer (Optional) Veterans' Preference Law

Tennessee has enacted a new law allowing (but not requiring) private employers to give hiring preference to: ..honorably discharged veterans ..spouses of a veteran with a service-connected disability ..unremarried...more

Is Your Anti-Harassment Training Making the Grade?

If your initial response to this question is, "What anti-harassment training? Are we still supposed to be doing that? Isn't that kind of 'old school'?", your first step needs to be planning anti-harassment training in 2017....more

Election Day is Coming Soon - Do You Know Your Employees' Voting Leave Rights? - October 2016

Realizing we ALL could use some "time off" FROM this year's presidential election, we want to provide you with a quick (party-neutral!) refresher on your employees' voting leave rights in light of the upcoming national...more

Are You Covered by the DOL's New Final Rule Regarding Paid Sick Leave for the Employees of Federal Contractors?

The DOL issued the Final Rule this week regarding President Obama's Executive Order 13706, which requires some federal contractors to provide up to 7 days of paid sick leave to all of their employees starting January 1, 2017....more

The EEO-1 Report Filing Date is Right Around the Corner – Are You Ready? - August 2016

If you are an employer (aside from state and local governments, schools, Indian tribes and tax-exempt private membership clubs) which has at least 100 employees or which has at least 50 employees and a purchase order,...more

8/2/2016  /  EEO-1 , EEOC , Reporting Requirements

Employee Training Requirements Lowered for Tennessee Drug-Free Workplace Employers

In order to maintain certification as a Tennessee Drug-Free Workplace for purposes of the workers' compensation coverage premium reduction, employers were supposed to have been conducting annual drug-free workplace training...more

New EEOC Guidance – Handling Disabled Employee Leave Requests which Conflict with Your Company Policies and Practices

The Equal Employment Opportunity Commission (EEOC) has recently issued a new Americans with Disabilities Act (ADA) Guidance document which provides 20 examples of how the Agency expects employers to reconcile their regular...more

A Surprising Holding by the Tennessee Supreme Court Regarding Workers' Compensation Retaliation Claims

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

Is Sexual Orientation Now a Protected Class?

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

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

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

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

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

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

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

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

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

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

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

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

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

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