Miller & Martin PLLC

Another Not-So-Subtle “Message” from the EEOC

What would the holidays be without a visit from the EEOC! Its latest visit was to Dillard’s – to stop by to pick up a $2 million settlement check this week in connection with an ADA class action filed in California back in…more

ADA, EEOC, FMLA, GINA

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Why Are OSHA Inspectors In My Lobby, And What Should I Have Already Done To Be Prepared?

In this short video, attorneys Neil Brunetz and Mike Mallen from Miller & Martin walk you through being ready for an OSHA inspection. Are you ready?…more

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The Long Anticipated HIPAA Audits Are Here!

Phase 2 HIPAA Audits, which the Department of Health and Human Services' Office of Civil Rights ("OCR") announced had "launched" back in March of this year, have now officially begun. On Monday, July 11, 2016, the first round of…more

Breach Notification Rule, Business Associates, Covered Entities, HHS, HIPAA

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Employee Training Requirements Lowered for Tennessee Drug-Free Workplace Employers

In order to maintain certification as a Tennessee Drug-Free Workplace for purposes of the workers' compensation coverage premium reduction, employers were supposed to have been conducting annual drug-free workplace training with…more

Drug & Alcohol Abuse, Drug Testing, Drug-Free Workplace Act, Employee Training, Illegal Drugs

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Balancing the Affordable Care Act and ERISA

Looming implementation of the Affordable Care Act's (ACA) so-called “play or pay” provision has large employers evaluating the alternatives it presents: “play,” by offering health insurance coverage to full-time employees; or…more

Affordable Care Act, Employer Mandates, ERISA, Health Insurance Exchanges, Healthcare

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U.S. Supreme Court Upholds Affordable Care Act Subsidies in Federal Exchanges

On Thursday, June 25, the U.S. Supreme Court ruled that consumer subsidies can continue to be provided through both federal and state health insurance marketplaces under the Affordable Care Act (ACA). In King v. Burwell,…more

Affordable Care Act, Health Insurance, Health Insurance Exchanges, Individual Mandate, King v Burwell

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Congress Passes Federal Trade Secrets Law

On April 27, 2016, the U.S. House of Representatives passed legislation that will effectively federalize trade secrets law. President Obama, a supporter of the legislation, has indicated he will sign the Bill, which previously…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Ex Parte, Misappropriation

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The Latest from the U.S. Supreme Court - Time Spent Putting On and Taking Off Protective Gear Is Not Compensable Under the Fair Labor Standards Act

Earlier this week, in Sandifer v. U.S. Steel Corp., the Supreme Court addressed whether unionized workers may be entitled to compensation for time spent putting on and taking off protective gear. The Court found that putting on…more

Antonin Scalia, Collective Bargaining, FLSA, Protective Gear, Sandifer v U.S. Steel Corp

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Are You Ready for First-to-File Patent Priority?

Patent attorneys are expecting a flurry of patent filing activity by March 15, 2013. This is because under the American Invents Act, U.S. Patent Laws will change on March 16, 2013 and the U.S. will convert to a first-to-file…more

America Invents Act, First-to-File, First-to-Invent, Intellectual Property Litigation, Inventions

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Tennessee Legislature Amends Data Breach Notification Statute - Encryption is No Longer an Automatic Safe Harbor

On March 24, 2016, Governor Haslam signed S.B. 2005 which amends Tennessee's data breach notice statute. The amended statute will go into effect on July 1, 2016. The new Tennessee breach notice requirements are triggered by the…more

Breach Notification Rule, Cyber Threats, Cybersecurity, Data Breach, Encryption

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Georgia Lien Law Revised In Favor of Contractors

Legislation signed into law this week will have meaningful impacts on contractors asserting liens against property owners for non-payment. On Tuesday, May 7, 2013, Georgia Governor Nathan Deal signed into law House Bill 434,…more

Contractors, Liens

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SEC Eliminates Ban on General Solicitation in Private Offerings

On July 10, 2013, the SEC took the following actions that are likely to have a significant impact on hedge funds, private investment funds and other companies that raise capital through private offerings of securities..…more

Advertising, General Solicitation, Hedge Funds, IRS, JOBS Act

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NLRB Makes it Easier for Temporary Workers to Unionize

In a 3-1 decision issued this week, the National Labor Relations Board (NLRB) has reinstated a union-friendly standard that makes it easier for temporary workers to unionize either on their own or as part of a bargaining unit…more

Bargaining Units, Browning-Ferris Industries of California Inc., Collective Bargaining, Consent, Corporate Counsel

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Regulation FD Does Not Prohibit Social Media Communications with Investors

The Securities and Exchange Commission (“SEC”) recently released a report that answers important questions about how companies can release material information through social media without violating Regulation FD…more

Investors, Public Disclosure, Regulation FD, SEC, Social Media

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Environmental Compliance Basics - The Emergency Planning and Community Right to Know Act

Does your business use or handle chemicals? If so, then read on. EPA recently released its 2015 enforcement report, noting thousands of enforcement cases, tens of thousands of inspections, and hundreds of millions of…more

Enforcement Actions, EPA, EPCRA, Hazardous Substances, Penalties

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Reminder to Employers of the 08.10.16 OSHA Compliance Deadline

We are sending this alert to assist our clients with meeting the upcoming August compliance date for a new rule issued by the Occupational Safety and Health Administration ("OSHA") concerning electronic collecting and reporting…more

Electronic Filing, OSHA, Posting Requirements, Recordkeeping Requirements, Reporting Requirements

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Are You Ready for First-to-File Patent Priority?

Patent attorneys are expecting a flurry of patent filing activity by March 15, 2013. This is because under the American Invents Act, U.S. Patent Laws will change on March 16, 2013 and the U.S. will convert to a first-to-file…more

America Invents Act, First-to-File, First-to-Invent, Intellectual Property Litigation, Inventions

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What to Do with Personal Property Found in a Repossessed Vehicle

So you have repo'd your borrower’s motor vehicle and discovered that she left a laptop, some dirty socks and a picture of Uncle Joe asleep on the sofa in the back seat. "No problem," you say. You just toss out the dirty socks…more

Personal Property, Repossess

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Responding to Immunization Concerns From a Business Perspective

Businesses across many industries, such as gyms, children's programs, and even standard retail establishments, are discovering they have to balance certain pressures such as notifying/protecting their customers and/or employees…more

Immunization Records, Retailers, School Safety, Vaccinations

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It's Time to Schedule a Wage and Hour Check-Up to Avoid Costly FLSA Lawsuits

It's time to schedule your check-up -- your wage and hour check-up -- designed to try to prevent your company from becoming a defendant in a costly wage and hour lawsuit. Every year more wage and hour lawsuits are filed against…more

Attorney-Client Privilege, Collective Actions, DOL, FLSA, Unpaid Overtime

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Reminder to Employers of the 08.10.16 OSHA Compliance Deadline

We are sending this alert to assist our clients with meeting the upcoming August compliance date for a new rule issued by the Occupational Safety and Health Administration ("OSHA") concerning electronic collecting and reporting…more

Electronic Filing, OSHA, Posting Requirements, Recordkeeping Requirements, Reporting Requirements

See All Updates »

Environmental Compliance Basics - The Emergency Planning and Community Right to Know Act

Does your business use or handle chemicals? If so, then read on. EPA recently released its 2015 enforcement report, noting thousands of enforcement cases, tens of thousands of inspections, and hundreds of millions of…more

Enforcement Actions, EPA, EPCRA, Hazardous Substances, Penalties

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SEC Proposes to Require Business Continuity Plan

On June 28, 2016, the Securities and Exchange Commission ("SEC") issued a proposed rule (Rule 206(4)-4, with proposed amendments to Rule 204-2) which would require SEC-registered investment advisers to adopt and implement…more

Business Interruption, Investment Adviser, Proposed Amendments, Risk Mitigation, SEC

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New Section 336(e) Election Provides Additional Flexibility in Taxation of Stock Transactions

On May 15, 2013, the Department of the Treasury issued final regulations regarding a new election now permitted under Section 336(e) of the Internal Revenue Code that allows sellers to elect to treat transactions structured as…more

Capital Gains, Corporate Taxes, Income Taxes, Internal Revenue Code (IRC), IRS

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Congress Passes Federal Trade Secrets Law

On April 27, 2016, the U.S. House of Representatives passed legislation that will effectively federalize trade secrets law. President Obama, a supporter of the legislation, has indicated he will sign the Bill, which previously…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Ex Parte, Misappropriation

See All Updates »

What Does an Independent Contractor Mean to You? Eleventh Circuit Issues Significant Independent-Contractor Ruling

Last week, the U.S. Court of Appeals for the Eleventh Circuit (which has jurisdiction over Alabama, Florida and Georgia) issued a ruling that is noteworthy for all employers, addressing the often-contested issue of whether a…more

Appellate Courts, Collective Bargaining, Corporate Counsel, Independent Contractors, Misclassification

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The Long Anticipated HIPAA Audits Are Here!

Phase 2 HIPAA Audits, which the Department of Health and Human Services' Office of Civil Rights ("OCR") announced had "launched" back in March of this year, have now officially begun. On Monday, July 11, 2016, the first round of…more

Breach Notification Rule, Business Associates, Covered Entities, HHS, HIPAA

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Questions and Answers on the DOL Salary Basis Requirement Final Rule

President Obama on Tuesday announced the U.S. Department of Labor's Final Rule raising the minimum salary basis for certain exemptions from overtime requirements under the Fair Labor Standards Act ("FLSA"). Below are answers to…more

DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary

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High Court Clarifies TILA Rescission Procedure

In Jesinoski v. Countrywide Home Loans, et al. (No. 13-684), the U.S. Supreme Court has eased the process by which a borrower may seek to walk away from his home mortgages, holding that the borrower, in order to avail himself of…more

Bank of America, Jesinoski v Countrywide, Mortgage Lenders, Mortgages, Rescission

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Are You Ready for First-to-File Patent Priority?

Patent attorneys are expecting a flurry of patent filing activity by March 15, 2013. This is because under the American Invents Act, U.S. Patent Laws will change on March 16, 2013 and the U.S. will convert to a first-to-file…more

America Invents Act, First-to-File, First-to-Invent, Intellectual Property Litigation, Inventions

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IRS Creates New Disregarded Entity Exclusion from Debt Cancellation Income

The IRS has announced a new safe harbor from the discharge of debt income rules. Debt that is cancelled, discharged or forgiven is generally taxable as income, but there are exceptions. Under one exception, certain income…more

Debt, Exclusions, Forgiven Debt, Income Taxes, IRS

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NLRB Issues New Rules on Joint Employment

In a 3-2 decision involving Browning-Ferris Industries of California (BFI), the National Labor Relations Board (NLRB) refined its standard for determining joint-employer status…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Franchisee, Franchisors, Joint Employers

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Does Your Retention Bonus Plan Violate IRS Code?

In a memorandum released earlier this month, the IRS Office of Chief Counsel ruled that a retention bonus payable to an executive violated Section 409A of the Internal Revenue Code ("409A"). The IRS further ruled that the…more

Bonuses, Corporate Counsel, Executive Compensation, Internal Revenue Code (IRC), IRS

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Tennessee Businesses: To Ban Firearms on Your Property, Bear the Appropriate Signage

In Tennessee, businesses generally have the right to prohibit the possession of weapons on their property. This right to prohibit weapons applies even to individuals with valid handgun carry permits. The main exception to this…more

Employer No-Weapons Policies, Firearms, Gun Laws, Guns-in-Trunks Legislation, Notice Requirements

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SEC Eliminates Ban on General Solicitation in Private Offerings

On July 10, 2013, the SEC took the following actions that are likely to have a significant impact on hedge funds, private investment funds and other companies that raise capital through private offerings of securities..…more

Advertising, General Solicitation, Hedge Funds, IRS, JOBS Act

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Contact

832 Georgia Avenue
Suite 1200
Chattanooga, TN 37402-2289, United States

Contact: Donna St. John, Practice Development Assistant

  • 800-275-7303

Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Worker’s Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Georgia
  • Tennessee
Number of Attorneys

100+ Attorneys

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