Miller & Martin PLLC

Department of Labor Appeals Injunction Blocking New Overtime Rules

On December 1, 2016 – the day that the Department of Labor’s (DOL's) proposed white collar salary threshold regulations originally were supposed to go into effect – the DOL filed an appeal with the Fifth Circuit Court of Appeals…more
| Civil Remedies, Elections & Politics, Labor & Employment Law

Judge Blocks Overtime Rule That Was Set To Go Into Effect December 1, 2016

On November 22, 2016, U.S. District Judge Amos L. Mazzant of the Eastern District of Texas granted a nationwide, preliminary injunction that at least temporarily blocks the Department of Labor (DOL) from adopting or implementing…more
| Civil Remedies, Labor & Employment Law

30-Day Countdown to the New DOL Overtime Rule – Are YOU Ready?

On December 1, 2016, the U.S. Department of Labor's new overtime rule will go into effect. Most significantly, the minimum salary an employee must be paid to qualify for the executive, administrative and professional exemptions…more
| Labor & Employment Law

Election Day is Coming Soon - Do You Know Your Employees' Voting Leave Rights? - October 2016

Realizing we ALL could use some "time off" FROM this year's presidential election, we want to provide you with a quick (party-neutral!) refresher on your employees' voting leave rights in light of the upcoming national Election…more
| Elections & Politics, Labor & Employment Law

Are You Covered by the DOL's New Final Rule Regarding Paid Sick Leave for the Employees of Federal Contractors?

The DOL issued the Final Rule this week regarding President Obama's Executive Order 13706, which requires some federal contractors to provide up to 7 days of paid sick leave to all of their employees starting January 1, 2017…more
| Commercial Law & Contracts, Labor & Employment Law

Divide Deepens Over Enforceability of Class Arbitration Waivers

The U.S. Court of Appeals for the Ninth Circuit (covering California and eight other western states) on Monday joined the Seventh Circuit, and disagreed with the Fifth Circuit, in rejecting a mandatory employment arbitration…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

The EEO-1 Report Filing Date is Right Around the Corner – Are You Ready? - August 2016

If you are an employer (aside from state and local governments, schools, Indian tribes and tax-exempt private membership clubs) which has at least 100 employees or which has at least 50 employees and a purchase order, contract…more
| Civil Rights, Labor & Employment Law

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
| Labor & Employment Law, Worker’s Compensation

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
| Health, Privacy, Science, Computers, & Technology

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
| Labor & Employment Law

Reminder to Employers of the 08.10.16 OSHA Compliance Deadline

UPDATE: This compliance deadline has been extended to November 1, 2016. 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…more
| Labor & Employment Law

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
| Constitutional Law, Labor & Employment Law

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
| Commercial Law & Contracts, Finance & Banking, Securities Law

Preparing for the MANDATORY Digital Age of Workplace Injury Reporting You are about to be "Nudged"

The Occupational Safety and Health Administration ("OSHA") issued a final rule last month that will require certain employers to participate in electronic data collection and reporting of recordable workplace injuries and…more
| Labor & Employment Law

The DOL's Expanded Interpretation of the Persuader Rule: What It Means for Employers

UPDATE: A federal judge in Texas has blocked the DOL from enforcing this expanded “persuader rule,” granting a nationwide injunction against the new federal regulation. So, for now, this new regulation is NOT in effect. The…more
| Labor & Employment Law
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