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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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See All Updates »
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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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See All Updates »
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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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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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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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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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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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See All Updates »
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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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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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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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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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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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See All Updates »
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