Zachary Busey

Zachary Busey

Baker Donelson

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Latest Publications


DOL Creates Long-Term Headache for Long Term Care: Higher Wages, More Overtime and Greater Overhead

Last month, the U.S. Department of Labor (DOL) proposed new regulations under the Fair Labor Standards Act (FLSA) that will dramatically increase the number of employees who must be paid overtime for all hours worked beyond...more

11/11/2015 - Healthcare Long Term Care Facilities Minimum Salary Unpaid Overtime Wage and Hour White-Collar Exemptions

Employee Misclassification Goes Viral with the Introduction of On-Demand Start-Ups, but the DOL May Have Just Crashed the Server

The United States Department of Labor (DOL) administers and enforces the Fair Labor Standards Act (FLSA). The FLSA is the federal law commonly known for minimum wage, overtime pay and related recordkeeping requirements. The...more

9/18/2015 - DOL FLSA Independent Contractors Minimum Wage Misclassification Mobile Apps Startups Unpaid Overtime Wage and Hour

The Duties Test Trap Set by the Department of Labor: How Employer Comments (Due September 4) Should Address It

It has been widely reported that the Department of Labor (DOL) on June 30, 2015 proposed raising the salary level of executive, administrative and professional (EAP) employees as a requirement of exempt status under the Fair...more

8/13/2015 - DOL Exempt-Employees FLSA Minimum Salary Unpaid Overtime Wage and Hour White-Collar Exemptions

Religious Protection or Religious Preference? – Supreme Court Rules in Abercrombie Headscarf Case

On Monday, June 1, the Supreme Court decided a religious discrimination case involving Abercrombie & Fitch and the EEOC. The Court held that "[a]n employee may not make an applicant's religious practice, confirmed or...more

6/4/2015 - Abercrombie & Fitch Corporate Counsel Disparate Treatment EEOC EEOC v Abercrombie Employment Policies Hiring & Firing Job Applicants Religious Accommodation Religious Clothing Religious Discrimination Retailers SCOTUS Title VII

Wearable Tech in the Workplace, Version 2.0

Wearable technology or wearable tech is the latest craze in personal electronics. The phrase encompasses anything electronic that is worn by a user. It took center stage at the 2014 Consumer Electronics Show, and since then,...more

3/18/2015 - Apple Best Management Practices Employer Liability Issues Employment Policies Google Popular Wearable Technology

Cybersecurity in the Workplace: Obama's Proposals and More

In the past five years, employers both big and small have become accustomed to social media and increased technology in the workplace. Everyone and their parents are on Facebook, and one cannot go anywhere without being asked...more

1/28/2015 - Barack Obama Best Practices Cybersecurity eBay Employment Policies Facebook Hiring & Firing Home Depot JPMorgan Chase Popular Recruitment Policies Risk Management Social Media Social Networks Sony Twitter

Don't Miss the Deadline to File EEO-1 Reports!

September 30 is the deadline to file the EEO-1 Report, formally known as the Employer Information Report EEO-1. The Reports are filed with the EEOC’s EEO-1 Joint Reporting Committee, and they are used, according to the EEOC,...more

9/15/2014 - EEO-1 Employer Liability Issues Filing Deadlines Filing Requirements

Ugh! – Does this ADA Claim Make Me Look Fat?

We are all familiar with the Americans with Disabilities Act. The ADA prohibits discrimination based upon actual or perceived medical disabilities, and the ADA requires employers to accommodate employees with disabilities...more

8/19/2014 - ADA ADAAA Disability Disability Discrimination Obesity

Baby on Board: The EEOC's Updated Enforcement Guidance on Pregnancy Discrimination

On July 14, the Equal Employment Opportunity Commission issued updated enforcement guidance on pregnancy discrimination and related issues. "In addition to addressing the requirements of the Pregnancy Discrimination Act...more

7/17/2014 - ADA Discrimination EEOC Employer Liability Issues Enforcement Guidance Pregnancy Discrimination Reasonable Accommodation Young v United Parcel Service

Mississippi's Right to Work State Status Made Stronger with Three New Bills

Mississippi's current Constitution, adopted in 1890, confirmed the State's intention to be a "right to work" state: It is hereby declared to be the public policy of Mississippi that the right of a person or persons to...more

7/17/2014 - Employer Liability Issues New Legislation Right to Work Union Membership Unions

Breaking Brackets: Is Gambling on March Madness Illegal?

It's March Madness, Baby! That's right, for the next three weeks you probably won't go a single day without hearing: "Hey, how is your bracket doing?" or "What?! You didn't fill out a bracket?! Are you nuts?!" The NCAA...more

3/26/2014 - Gambling Gaming Sports Betting

Bluetooth Headsets Are SO 2000s – Here's What Employees Are Wearing in 2014

We have all experienced that awkward moment where you respond to what you think is a co-worker's attempt at small talk while passing in the hallway or riding in an elevator, only to find out that he or she was actually...more

1/17/2014 - Bring Your Own Device Employee Handbooks Employer Liability Issues Mobile Devices Technology

What 2013 Gifts will Employers be Enjoying well into 2014?

The holidays have come and gone. I hope everyone enjoyed them, and I hope everyone received the gifts and presents they asked for. I come from a big family—three siblings, 14 aunts and uncles, and nearly twenty cousins....more

1/14/2014 - Arbitration Civil Rights Act Compliance Discovery Discrimination EEOC ENDA Mobile Devices NLRB Retaliation Sarbanes-Oxley SCOTUS Sexual Orientation Discrimination Supervisors Termination Title VII UT Southwestern Medical v Nassar Vance v. Ball State University Whistleblowers

Can Saying Cheese Expose an Employer to Liability?

It’s holiday time! And what comes with the holidays? Company holiday parties! Pictures from holiday parties can leave employers with a holiday hangover. Below we look at several scenarios that provide some guidance and...more

10/28/2013 - Compliance Employer Liability Issues Holiday Parties NLRA Photographs

Not Manly Enough? Fifth Circuit Recognizes Title VII Same-Sex, Gender-Stereotyping Discrimination

The Fifth Circuit recently became one of a growing number of courts to recognize same-sex, gender-stereotyping as a form of discrimination prohibited by Title VII. In September, the Court handed down its much-anticipated...more

10/17/2013 - Discrimination EEOC Gender Discrimination Same-Sex Marriage Sexual Stereotyping Title VII

BYOD – Bring Your Own Device Policies

Companies, big and small, spend a large amount of resources on IT infrastructure, IT logistics, and IT support. A quality workforce will swiftly crumble if individuals cannot communicate quickly and effectively....more

8/23/2013 - Bring Your Own Device Cell Phones Employer Liability Issues Mobile Devices Privacy Policy Smartphones Technology

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