Whitney Harmon

Whitney Harmon

Baker Donelson

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Latest Publications


NLRB's Quickie Election Rule Takes Effect - A New Threat for Employers: A Proactive Solution for You

The National Labor Relations Board (NLRB) released its final Rule on "quickie elections" in December, and they are now in effect. These rules come down heavily in favor of unions....more

4/16/2015 - Ambush Election Rules Final Rules NLRA NLRB Union Elections Unions

DOL Challenge Expected to Judge's Decision to Vacate Proposed Caregiver Wage Regulations

On January 14, 2015, U.S. District Court Judge Richard J. Leon, in the District of Columbia, issued an opinion and order in Home Care Association of America v. Weil, Civil Action No. 14-967, vacating a U.S. Department of...more

1/28/2015 - Companionship Exemptions DOL Employer Liability Issues Home Health Agencies Home Health Care Home Healthcare Workers Wage and Hour

The Ebola Outbreak and Your Workforce

With the serious Ebola outbreak in West Africa growing at alarming rates, and the first evidence of the disease reaching the United States, employers, especially those in the healthcare industry, are starting to wonder how...more


President Obama Signs Executive Order Establishing Minimum Wage for Federal Contractors

On February 12, 2014, President Obama signed an Executive Order establishing a minimum wage for federal contractors. The Executive Order states that its purpose is to "increase efficiency and cost savings in the work...more

3/10/2014 - Executive Orders Federal Contractors Minimum Wage

In Light of Supreme Court's Sandifer Decision, Employers Should Revisit "Donning and Doffing" Compensation Policies

On January 27, 2014, the United States Supreme Court held that time spent donning and doffing required protective gear was not compensable under the Fair Labor Standards Act (FLSA) and the terms of a collective bargaining...more

2/14/2014 - Collective Bargaining Doffing Donning FLSA Protective Gear Sandifer v U.S. Steel Corp SCOTUS Unions Wage and Hour

How and When Bonuses are Awarded Impact Non-Exempt Employees' Overtime Compensation

Does your company pay employees holiday or year-end bonuses? Have you ever considered the impact these bonus payments might have on your employees' overtime premiums? If not, you could be violating FLSA rules....more

12/12/2013 - Bonuses FLSA Holiday Pay Non-Exempt Employees Over-Time

When the Minimum Wage Isn't…

Employers operating in multiple states should be aware that several states are raising their minimum hourly wage in 2014. While for now the federal minimum wage will remain unchanged at $7.25 (for non-tipped employees), many...more

11/13/2013 - Employee Rights Minimum Wage Wages

Severance Payments: To Tax or Not to Tax, that is the Question!

On October 1, 2013, the U.S. Supreme Court agreed to hear the federal government's appeal of the Sixth Circuit Court of Appeals' decision in United States v. Quality Stores, Inc. (In re Quality Stores, Inc.), 693 F.3d 605...more

10/17/2013 - Certiorari FICA Taxes IRS Quality Stores SCOTUS Severance Pay Wages

You've Got Mail! The EEOC's Latest Investigation Tactic Could Be Coming to Your Corporate Inboxes

In the past few years federal agencies such as the Equal Employment Opportunity Commission (EEOC) have intensified their investigation and enforcement tactics....more

9/13/2013 - EEOC Email Employer Liability Issues Enforcement Actions Investigations

The Ever-Changing Landscape of Non-Compete Agreements

Because they restrict trade and an individual’s ability to earn a living, non-compete agreements are typically disfavored by courts across the country....more

8/15/2013 - Employee Rights Non-Compete Agreements Restrictive Covenants

Supreme Court Ruling Defines "Supervisor" and Gives Clarity, Peace of Mind to Employers

Last month the U.S. Supreme Court adopted a bright-line standard for determining which employees qualify as supervisors in harassment lawsuits filed under Title VII of the 1964 Civil Rights Act, thus resolving a split in the...more

7/16/2013 - Civil Rights Act EEOC Employer Liability Issues Harassment Hiring & Firing Patent Term Adjustment Retaliation SCOTUS Title VII Vance v. Ball State University

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