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Paula Ardelean

The EEOC And OFCCP Announce Anticipated Increase In Investigation Of Disparate Pay Claims

In the EEOC’s Strategic Enforcement Plan for 2013-2016, the Commission has prioritized and committed to enhanced enforcement of equal pay laws to eliminate compensation systems and practices that discriminate based on gender…more

Contractors, Discrimination, Disparate Impact, EEOC, Gender Discrimination

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Ann Bowden-Hollis

Butler Snow: Workplace Vol. 2014 No. 1

Senate Bill 815, referred to as the “Employment Non-Discrimination Act of 2013” (ENDA), passed the Senate on November 7, 2013. The bill had bipartisan support with 64 Senators (10 Republican) voting in favor and 32 opposing the…more

Discrimination, ENDA, Gender Identity, Sexual Orientation Discrimination, Transgender

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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

America Invents Act, Biotechnology, Daubert Standards, Ethics, Expert Testimony

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David Jaqua

Butler Snow Workplace - Vol. 2013 No. 7

In This Issue: - A New Supreme Court Decision Helps Employers in Harassment Cases - Sixth Circuit Court of Appeals Says Nursing Home RNs Are Supervisors - A New Heightened Standard For Title VII…more

Civil Rights Act, Harassment, Nurses, Nursing Homes, SCOTUS

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David Johnson

Effective Use Of Non-Competition/Non-Solicitation Agreements In The Workplace

Few things can be more frustrating to an employer than spending significant resources training a new employee, allowing the employee access to trade secrets, and introducing the employee to customers, only for the employee to…more

Employer Liability Issues, Non-Compete Agreements, Non-Solicitation Agreements, Restrictive Covenants

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Mackin Johnson

Butler Snow: Workplace Vol. 2014 No. 1

Senate Bill 815, referred to as the “Employment Non-Discrimination Act of 2013” (ENDA), passed the Senate on November 7, 2013. The bill had bipartisan support with 64 Senators (10 Republican) voting in favor and 32 opposing the…more

Discrimination, ENDA, Gender Identity, Sexual Orientation Discrimination, Transgender

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Sloane Jumper

Landmark US Supreme Court Decision May Extend US Tax Benefits to UK Civil Partners

On Wednesday, 26 June 2013, the US Supreme Court ruled that Section 3 of the Defense of Marriage Act (“DOMA”), which limits the definition of “marriage” to “a legal union between one man and one woman as husband and wife” and…more

Civil Unions, Discrimination, DOMA, Equal Protection, Estate Planning

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Hart Knight

ATM Accessibility Class Actions Make Their Way to Middle Tennessee

On August 5, 2013, seven class action lawsuits were simultaneously filed against separate banks and credit unions in Middle Tennessee, alleging that the defendants’ ATMs failed to comply with the Americans with Disabilities Act…more

Accessibility Rules, ADA, ATMs, Banks, Class Action

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Rowan Leathers

Butler Snow: Workplace Vol. 2014 No. 1

Senate Bill 815, referred to as the “Employment Non-Discrimination Act of 2013” (ENDA), passed the Senate on November 7, 2013. The bill had bipartisan support with 64 Senators (10 Republican) voting in favor and 32 opposing the…more

Discrimination, ENDA, Gender Identity, Sexual Orientation Discrimination, Transgender

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W. Eugene Magee

Notice Of Coverage Options In Exchange Distributable To Employees By October 1, 2013 Under Health Care Reform Act

Update: On July 2, 2013, the Treasury Department posted a blog announcing its intention to delay – until January 1, 2015 – the employer shared responsibility and related requirements of the Health Care Reform Act, and that…more

Delays, DOL, FLSA, Health Insurance Exchanges, Healthcare

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Brian Masterson

Settling a Lawsuit with an Employee or Former Employee? Don’t Forget the Tax Consequences

The IRS recently issued guidance that may be of particular interest to anyone with employees or former employees. In a Legal Advice issued by Field Attorneys (LAFA 20133501F), the IRS explained the tax treatment and reporting…more

ADA, ADEA, Civil Rights Act, Employer Liability Issues, IRS

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Samantha Moore

Landmark US Supreme Court Decision May Extend US Tax Benefits to UK Civil Partners

On Wednesday, 26 June 2013, the US Supreme Court ruled that Section 3 of the Defense of Marriage Act (“DOMA”), which limits the definition of “marriage” to “a legal union between one man and one woman as husband and wife” and…more

Civil Unions, Discrimination, DOMA, Equal Protection, Estate Planning

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John Nichols

Landmark US Supreme Court Decision May Extend US Tax Benefits to UK Civil Partners

On Wednesday, 26 June 2013, the US Supreme Court ruled that Section 3 of the Defense of Marriage Act (“DOMA”), which limits the definition of “marriage” to “a legal union between one man and one woman as husband and wife” and…more

Civil Unions, Discrimination, DOMA, Equal Protection, Estate Planning

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Todd Photopulos

Butler Snow Workplace - Vol. 2013 No. 7

In This Issue: - A New Supreme Court Decision Helps Employers in Harassment Cases - Sixth Circuit Court of Appeals Says Nursing Home RNs Are Supervisors - A New Heightened Standard For Title VII…more

Civil Rights Act, Harassment, Nurses, Nursing Homes, SCOTUS

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T. Harold Pinkley

Unpaid Internships – Worth the Risk?

Over the past few years, the number of college undergraduates and recent graduates engaging in unpaid internships has grown dramatically. One expert estimates that there are between 1 and 2 million internships each year, and…more

FLSA, Internships, Minimum Wage, Unpaid Interns, Wage and Hour

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Sara Anne Quinn

Butler Snow Workplace - Vol. 2013 No. 7

In This Issue: - A New Supreme Court Decision Helps Employers in Harassment Cases - Sixth Circuit Court of Appeals Says Nursing Home RNs Are Supervisors - A New Heightened Standard For Title VII…more

Civil Rights Act, Harassment, Nurses, Nursing Homes, SCOTUS

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Kurt Rademacher

Landmark US Supreme Court Decision May Extend US Tax Benefits to UK Civil Partners

On Wednesday, 26 June 2013, the US Supreme Court ruled that Section 3 of the Defense of Marriage Act (“DOMA”), which limits the definition of “marriage” to “a legal union between one man and one woman as husband and wife” and…more

Civil Unions, Discrimination, DOMA, Equal Protection, Estate Planning

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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

America Invents Act, Biotechnology, Daubert Standards, Ethics, Expert Testimony

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Wesley Roberts

Delay of Penalties for Employer Shared Responsibility

July 2, 2013, the U.S. Treasury Department posted a blog announcing its intention to delay – until January 1, 2015 -- the imposition of penalties under the Affordable Care Act for large employers that do not offer health…more

Affordable Care Act, Deadlines, Delays, Employer Mandates, Health Insurance

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Kara Shea

Attorney General Weighs In On Tennessee Guns In Trunks Law

The law giving handgun carry-permit holders the right to transport and store firearms and/or ammunition in their vehicles parked in an employer’s parking lot goes into effect July 1, 2013. With the enforcement deadline at hand,…more

Attorney Generals, Concealed Weapons, Employer No-Weapons Policies, Gun Laws, Guns-in-Trunks Legislation

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Michael Sheridan

Delay of Penalties for Employer Shared Responsibility

July 2, 2013, the U.S. Treasury Department posted a blog announcing its intention to delay – until January 1, 2015 -- the imposition of penalties under the Affordable Care Act for large employers that do not offer health…more

Affordable Care Act, Deadlines, Delays, Employer Mandates, Health Insurance

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Beth Sims

Banking Notes - October 2013: Community Bank Stock on the Over-the-Counter Market

Over the last 12 months, we have seen an increase in the number of community banks interested in generating liquidity for their shareholders. The reasons for this increase vary: some banks want to create a more liquid stock to…more

Banks, Community Banks, FINRA, Nasdaq, NYSE

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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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Adam Smith

Banking Notes - October 2013: Five Practical Tips for Bank Acquirors

As the fog of the recent economic recession continues to lift, many community banks that have weathered the storm are shifting from a defensive-minded strategy to an offensive one, which in many cases focuses on the acquisition…more

Banks, Community Banks

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Jefferson Stancill

Banking Notes - October 2013: New Capital Rules for Community Banks

While small banks avoided some of the dreaded brunt of Basel III, this summer’s capital changes require all banks to reconsider their capital positions and may drive some banks to raise capital. Fortunately, the final rules…more

Basel III, Capital Requirements, Common Equity, Community Banks, Mortgages

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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

America Invents Act, Biotechnology, Daubert Standards, Ethics, Expert Testimony

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Gilbert Van Loon

Best Practices in Periodic Reviews of Participant Directed Retirement Plans

Among the duties of a retirement plan fiduciary is the duty to monitor the administration of the plan and to assure that policies and procedures are in place to minimize the risk of errors and deficiencies. While monitoring is…more

401k, Client Meetings, Disclosure, Due Diligence, Fees

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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

Latest AFL-CIO Membership Report Shows Union Membership Flat

Trends can be important. Notwithstanding powerful political support for organized labor from the Obama Administration, the recent trend of American workers to not join unions is continuing…more

AFL-CIO, Unions

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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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Brad Westerfield

Landmark US Supreme Court Decision May Extend US Tax Benefits to UK Civil Partners

On Wednesday, 26 June 2013, the US Supreme Court ruled that Section 3 of the Defense of Marriage Act (“DOMA”), which limits the definition of “marriage” to “a legal union between one man and one woman as husband and wife” and…more

Civil Unions, Discrimination, DOMA, Equal Protection, Estate Planning

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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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