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
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
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
On March 8, 2013, the U.S. Citizenship and Immigration Services (USCIS) published a revised I-9 Form…more
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
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
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
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
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
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
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
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
Originally published in the American Bar Association's Labor and Employment Law, Volume 41, Number 1, Fall 2012.
Against the backdrop of decades of significant legislation and court battles impacting the workplace,…more
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
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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