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Paula Ardelean

May 7 Deadline For New I-9 Form

On March 8, 2013, the U.S. Citizenship and Immigration Services (USCIS) published a revised I-9 Form…more

Forms, I-9, USCIS, Verification Requirements

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Ann Bowden-Hollis

Employers: There are some exemptions to the overtime requirement

Originally published in The Journal of South Mississippi Business - March 2013. One of the often misunderstood rules about overtime pay requirements involves which employees can be classified as exempt from payment for…more

Exemptions, FLSA, Over-Time, Wages

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Alveno Castilla

New Mississippi Law Modernizes The Statute of Limitations for Audits of Tax Returns

Mississippi Governor Phil Bryant recently signed into law a bill enacted during the 2013 regular session of the Mississippi Legislature. This new law improves and modernizes the Statute of Limitations that applies to the…more

Audits, Statute of Limitations, Tax Returns

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J. Wilson Eaton

Employers’ Affordable Care Act Notice Requirement Delayed

On January 24, 2013, the United States Departments of Labor, Health and Human Services, and the Treasury published a new installment of their “Frequently Asked Questions about Affordable Care Act Implementation” series. This FAQ…more

Affordable Care Act, DOL, FLSA, Health Insurance Exchanges, HHS

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Kathryn Reed Edge

What Does a Community Bank in Dickson Have in Common with Deutsche Bank and JPMorgan Chase? Basel III

Originally published in the Tennessee Bar Association - December 1, 2012. Coming soon may be an answer to this question. Ask any banker what she thinks of Basel III, and then prepare yourself for a tirade. Ask Greg…more

Basel III

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Hemant Gupta

Pro Te Solutio - Vol. 6 No. 1 February 2013

In This Issue: - Can Experts Testify as to the Ethics or State of Mind of Corporate Defendants? - Patent Reform for Biotech Companies - United States v. Caronia and its Implications for Off-Label Marketing…more

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David Jaqua

Restricting Outside Communications; How Far Can You Go?

On January 25, 2013, the National Labor Relations Board held that DirecTV's employee handbook contained unlawful rules restricting employees from communicating with media representatives and law enforcement officials and…more

DirectTV, Employee Handbooks, Freedom of Expression, NLRA, NLRB

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David Johnson

Federal Law Provides Enhanced Trade Secret Protection for Employers

Most people know that an employee who misuses his employer’s confidential information may be subject to damages in a civil lawsuit. Many states have enacted a Uniform Trade Secrets Act that allows an employer to pursue a…more

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Sloane Jumper

FATCA: Final Regulations Raise Questions for Trust Practitioners

In the wake of a series of scandals involving U.S. taxpayers sheltering their assets from the reach of the U.S. Internal Revenue Service (IRS), Congress enacted the Foreign Account Tax Compliance Act (FATCA) on 18 March 2010 as…more

FATCA, FATCA Timeline, FFI, HIRE Act, Intergovernmental Agreements

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Rowan Leathers

Employers Are Provided Additional Ammunition To Defend FLSA Collective Actions

We have understood for many years that early assessment and action can help resolve claims by current and former employees. The Supreme Court recently provided employers with additional ammunition with which to derail, or even…more

Collective Actions, FLSA, Genesis HealthCare, Genesis Healthcare Corp. v. Symczyk, Minimum Wage

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W. Eugene Magee

Sweeping New Hipaa Privacy/Security Compliance For Health Plans Required By September 23, 2013: As If Health Care Reform Wasn’t Enough!

HIPAA, as enacted in 1996, directed the U.S. Department of Health & Human Services (DHHS) to issue regulations requiring health plans to protect the privacy of health information and to provide reasonable and appropriate…more

Cybersecurity, Data Protection, GINA, HHS, HIPAA

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Samantha Moore

FATCA: Final Regulations Raise Questions for Trust Practitioners

In the wake of a series of scandals involving U.S. taxpayers sheltering their assets from the reach of the U.S. Internal Revenue Service (IRS), Congress enacted the Foreign Account Tax Compliance Act (FATCA) on 18 March 2010 as…more

FATCA, FATCA Timeline, FFI, HIRE Act, Intergovernmental Agreements

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John Nichols

FATCA: Final Regulations Raise Questions for Trust Practitioners

In the wake of a series of scandals involving U.S. taxpayers sheltering their assets from the reach of the U.S. Internal Revenue Service (IRS), Congress enacted the Foreign Account Tax Compliance Act (FATCA) on 18 March 2010 as…more

FATCA, FATCA Timeline, FFI, HIRE Act, Intergovernmental Agreements

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Todd Photopulos

Sixth Circuit Stands by School System's Promotion Decisions

Both public and private employers should take note of a recent decision by the Sixth Circuit Court of Appeals that rejected a disgruntled employee’s contention that she was denied promotion because of a “perceived disability.” …more

Disability Discrimination, Discrimination, Job Promotions, Public Schools

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T. Harold Pinkley

Addressing Workplace Romance Issues

What do Bill and Melinda Gates and Barack and Michelle Obama have in common? A hint: It is the same thing that Jim Halpert and Pam Beasley ("The Office"), Sam Malone and Diane Chambers ("Cheers"), Don Draper and Megan Calvet…more

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Sara Anne Quinn

Tennessee House passes guns-in-cars bill

Originally published in the Tennessee Employment Law Letter on February 28, 2013. On Thursday, the Tennessee House of Representatives passed a bill permitting handgun carry permit holders to store firearms and ammunition…more

Cars, Concealed Carry Permit, Firearms, Proposed Legislation

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Kurt Rademacher

FATCA: Final Regulations Raise Questions for Trust Practitioners

In the wake of a series of scandals involving U.S. taxpayers sheltering their assets from the reach of the U.S. Internal Revenue Service (IRS), Congress enacted the Foreign Account Tax Compliance Act (FATCA) on 18 March 2010 as…more

FATCA, FATCA Timeline, FFI, HIRE Act, Intergovernmental Agreements

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Keishunna Randall

Pro Te Solutio - Vol. 6 No. 1 February 2013

In This Issue: - Can Experts Testify as to the Ethics or State of Mind of Corporate Defendants? - Patent Reform for Biotech Companies - United States v. Caronia and its Implications for Off-Label Marketing…more

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Wesley Roberts

Health Care Reform: Decisions and a Changing World for Employers

Having cleared the hurdles of a Supreme Court decision and the 2010 and 2012 national elections, health care reform mandated by the Patient Protection and Affordable Care Act (“PPACA” or the “Act”) is closing in fast on key…more

Affordable Care Act, Employer Group Health Plans, Health Insurance, Health Insurance Exchanges, Healthcare

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Kara Shea

Tennessee Passes Guns in Trunks Law

On March 14, 2013, Tennessee Governor Haslam signed the so-called “Guns in Trunks” law, which will go into effect July 1, 2013. The new law, which will be codified as T.C.A § 39-17-1313, states that handgun-carry permit holders…more

Cars, Firearms, Gun Laws, New Legislation, NRA

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Michael Sheridan

Health Care Reform: Decisions and a Changing World for Employers

Having cleared the hurdles of a Supreme Court decision and the 2010 and 2012 national elections, health care reform mandated by the Patient Protection and Affordable Care Act (“PPACA” or the “Act”) is closing in fast on key…more

Affordable Care Act, Employer Group Health Plans, Health Insurance, Health Insurance Exchanges, Healthcare

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Bart Sisk

On-Call Employee Injured While Driving Home From Work Eligible for Workers’ Compensation Benefits

In order for a workers’ compensation claim to be compensable, the injury giving rise to the claim must arise out of and occur in the course of employment. The general rule in Tennessee, and many other jurisdictions, is that an…more

Bodily Injury, Employer Liability Issues, Workplace Injury

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Travis Swearingen

Pro Te Solutio - Vol. 6 No. 1 February 2013

In This Issue: - Can Experts Testify as to the Ethics or State of Mind of Corporate Defendants? - Patent Reform for Biotech Companies - United States v. Caronia and its Implications for Off-Label Marketing…more

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Allison Vance

EEOC Lawsuits Against Employers Are On The Rise

Although the EEOC typically does not file lawsuits on behalf of charging parties, the number of lawsuits being filed by the EEOC is on the rise. The EEOC currently has litigation pending based on alleged race, national origin,…more

Discrimination, EEOC, Employer Liability Issues, Jury Verdicts

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J. Paul Varner

New Mississippi Law Modernizes The Statute of Limitations for Audits of Tax Returns

Mississippi Governor Phil Bryant recently signed into law a bill enacted during the 2013 regular session of the Mississippi Legislature. This new law improves and modernizes the Statute of Limitations that applies to the…more

Audits, Statute of Limitations, Tax Returns

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Jeffrey Walker

The NLRB Puts Its Thumb on the Scale

President Obama’s recess appointments of three members to the National Labor Relations Board were unconstitutional, held the United States Court of Appeals for the District of Columbia Circuit in Noel Canning Div. of Noel Corp…more

Barack Obama, Canning v NLRB, NLRB, Pro Forma Sessions, Recess Appointments

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William Walton

Time to Examine Tennessee’s Collateral Source Rule by William Walton

Originally published in the Tennessee Bar Association - December 1, 2012. Taking Another Look at Fye v. Kennedy - Damages in tort law are designed to compensate for injury and, in the words of one court, “only for…more

Collateral Source Rule, Damages, Health Insurance, Medical Expenses

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Ashley Wicks

New Mississippi Law Modernizes The Statute of Limitations for Audits of Tax Returns

Mississippi Governor Phil Bryant recently signed into law a bill enacted during the 2013 regular session of the Mississippi Legislature. This new law improves and modernizes the Statute of Limitations that applies to the…more

Audits, Statute of Limitations, Tax Returns

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