Miller & Martin PLLC

Tennessee Supreme Court Upholds a Narrow Definition of "Whistleblowers"

On Friday, March 27, 2015, the Tennessee Supreme Court upheld a Court of Appeals decision that in order to be a "whistleblower," an employee must "blow the whistle" to someone aside from the perpetrator of the alleged illegal…more
| Labor & Employment Law

U.S. Supreme Court Rules on Pregnancy Accommodations

This is one of our "ones to watch for 2015" – Young v. UPS. The legal question certified by the Supreme Court in 2014 was: Whether, and in what circumstances, the Pregnancy Discrimination Act requires an employer that…more
| Civil Rights, Labor & Employment Law

DOL Issues Final Rule Regarding the Definition of "Spouse" Under the FMLA

In another effort to remedy the chaos caused by the U.S. Supreme Court’s overturn of the DOMA in June of 2013, the Department of Labor (DOL) has issued its final rule defining who is a “spouse” for purposes of the federal Family…more
| Civil Procedure, Labor & Employment Law, Family Law

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
| Education, Labor & Employment Law

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
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Consumer Protection, Real Estate - Residential

Has OSHA's Recent Shift Created The Most Complex Regulatory Requirements In History?

Pop quiz – What's the difference between a bakery, a liquor store and a lumber yard? According to OSHA, not much, when it comes to its newly-enacted reporting regulations…more
| Administrative Law, Construction Law, Labor & Employment Law

A Reminder about the New Tennessee Password Protection Law

Just a quick holiday reminder that Tennessee's new password protection law goes into effect next Thursday, January 1, 2015. Under the new law, employers can no longer..…more
| Labor & Employment Law, Privacy

CFTC Issues Additional Relief for Family Offices

In November 2012, the CFTC's Division of Swap Dealer and Intermediary Oversight issued a no-action letter stating that the Division would not recommend that the CFTC take enforcement action against a family office for failure to…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

New NLRB Developments

As 2014 draws to a close, we wanted to provide you with a brief overview of what the National Labor Relations Board (NLRB) has been "up to" lately…more
| Labor & Employment Law

Security Checks Ruled Non-Compensable Time by U.S. Supreme Court

The U.S. Supreme Court ruled yesterday that employees who are required to wait in line to pass through a security check before leaving at the end of their shift are not entitled to compensation for that time. In a unanimous…more
| Civil Procedure, Labor & Employment Law

Your HR Holiday List

While you are making your other holiday lists (and checking them twice!) this season, one you may want to think about is an "HR holiday list" – a checklist of Human Resource-related items to consider for 2015. These…more
| Labor & Employment Law

Lactation Discrimination and Accommodation Becomes a New Hot Topic for Federal Agencies and Courts

The recent pregnancy accommodation Guidance from the Equal Employment Opportunity Commission ("EEOC") makes it clear that discrimination against a female employee who is lactating or breastfeeding is illegal, in violation of…more
| Civil Rights, Labor & Employment Law

CDC Issues Additional Guidance to Healthcare Employers Regarding Protection of Workers from Ebola Virus

Recently, Miller & Martin Workplace Safety Practice Group provided information regarding the U.S. Occupational Safety and Health Administration's (OSHA) launch of its new web page designed to assist employers with their efforts…more
| Labor & Employment Law, Health

OSHA Issues Guidance to Employers Regarding Protection of Workers from Ebola Virus

The U.S. Occupational Safety and Health Administration (OSHA) launched a new web page yesterday to assist employers with efforts to inform and protect their workers from the Ebola virus. The web page provides employers with a…more
| Labor & Employment Law

OSHA's Expanding Reach: New Record-Keeping Rules to Dramatically Increase the Number of Reportable Events

Until very recently, OSHA only required employers to notify it of work-related fatalities and incidents involving the in-patient hospitalization of three (3) or more employees. Employers were not required to report single…more
| Labor & Employment Law
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1180 West Peachtree Street, N.W. Suite 2100
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