Miller & Martin PLLC

Tennessee Legislation Wrap Up: What You Need to Know Before July 1st

We have previously updated you on Tennessee's new "non-retaliation for the lawful possession of a firearm" law which will go into effect on July 1, 2015. However, now that the State Legislature has wrapped up its 2015…more
| Construction Law, Consumer Protection, Labor & Employment Law, Privacy, Worker’s Compensation

Payroll Card Accounts – They're New in Georgia

On May 5, 2015, SB 88 was signed into law by Governor Nathan Deal. This law amends O.C.G.A. § 34-7-2 to permit Georgia employers to pay employees through payroll card accounts. The new law went into effect immediately…more
| Labor & Employment Law

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
| Business Organizations, Labor & Employment Law, Finance & Banking, Taxation

Cybersecurity Risks and the SEC – You'll Need "Guidance"

The Securities and Exchange Commission ("SEC") is becoming increasingly concerned with cybersecurity risks to which investment advisers may be exposed. Consequently, it has recently issued guidance ("Guidance") as to actions…more
| Business Organizations, Finance & Banking, Privacy, Science, Computers, & Technology, Securities Law

Navigating Georgia's New Medical Marijuana Law

With Governor Deal recently signing Georgia's new medical marijuana act into law, we have begun to receive questions as to how the law will affect employers…more
| Civil Rights, Labor & Employment Law, Health

Sixth Circuit Contradicts New TN Supreme Court Decision Regarding Retaliation Claims

Last month, the Tennessee Supreme Court narrowed the definition of retaliation under state law. Less than one month later, the Sixth Circuit Court of Appeals (which has jurisdiction over Tennessee, Michigan, Ohio and Kentucky)…more
| Civil Rights, Labor & Employment Law

NLRB New "Quickie Election" Rules Become Effective

Just a reminder that the NLRB's new "quickie election" rules went into effect on Tuesday, April 14, 2015. We provided details regarding these in our December 16, 2014 alert…more
| Labor & Employment Law

Guns on Company Property: Think Twice Before Taking Action

In the latest round of gun law regulations, Governor Bill Haslam has signed an amendment to Tennessee's "Guns in Trunks" law. The amendment allows employees to sue their employers if they are disciplined or fired for storing…more
| Constitutional Law, Labor & Employment Law, Personal Injury

Health Plan Lawsuits and Data Breach Claims: Recent Developments and Implications

Five class action lawsuits have been filed against Premera Blue Cross in federal court in Seattle, Washington following the recent report of a data breach that affected approximately 11 million individuals. The lawsuits make…more
| Civil Procedure, Consumer Protection, Privacy, Health, Science, Computers, & Technology

Exclusive Laboratory Arrangements with Physician Groups May Violate Federal Law

On March 26, 2015 the Office of Inspector General of the Department of Health and Human Services (OIG) issued Advisory Opinion 15-04 in which it found certain proposed exclusive arrangements between a clinical laboratory and…more
| Administrative Law, Health, Science, Computers, & Technology

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
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1180 West Peachtree Street, N.W. Suite 2100
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