Miller & Martin PLLC

NRLB 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
| Franchise Law, Labor & Employment Law

A Surprising Holding by the Tennessee Supreme Court Regarding Workers' Compensation Retaliation Claims

On Friday, the Tennessee Supreme Court held in Yardley v. Hospital Housekeeping Systems that applicants are not eligible as a matter of law to assert "failure to hire" claims based on even the admitted fact that the reason they…more
| Civil Procedure, Civil Rights, Labor & Employment Law, Worker’s Compensation

The EEO-1 Report Filing Date is Right Around the Corner – Are You Ready? - July 2015

It is a sometimes little-known fact in HR circles that any 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…more
| Civil Rights, Government Contracting, Labor & Employment Law

Is Sexual Orientation Now a Protected Class?

In our June 26 alert regarding the U.S. Supreme Court's same-sex marriage decision in Obergefell v. Hodges, we said we would continue to keep you posted regarding new developments in this area of the law. Some of you may…more
| Civil Rights, Labor & Employment Law

New Overtime Regulations Proposed

The U.S. Department of Labor issued a proposed rule this morning that would expand federal overtime pay regulations to cover nearly 5 million additional employees by raising the minimum salary threshold required to qualify for…more
| Labor & Employment Law

U.S. Supreme Court Says Same-Sex Marriage Must Be Allowed Nationwide

One day before the end of its 2014-2015 term, the United States Supreme Court has issued the long-awaited decision regarding the nationwide recognition of same-sex marriage. There were two questions before the Court in…more
| Civil Rights, Constitutional Law, Labor & Employment Law, Family Law

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
| Constitutional Law, Labor & Employment Law, Health, Insurance, Taxation

What is a Tennessee "Certificate of Employability"?

A recent front-page article in the Chattanooga Times Free Press has elicited several questions from employers relating to a relatively new Tennessee law which allows those with prior felony convictions to receive a "certificate…more
| Criminal Law, Labor & Employment Law

U.S. Supreme Court Case EEOC v. Abercrombie Ruling: Employees Must Prove "Motive" Not Mere "Knowledge" in Order to Demonstrate Religious Discrimination per the U.S. Supreme Court

In a closely-watched case arising from the Tenth Circuit Court of Appeals, EEOC v. Abercrombie & Fitch Stores Inc., the U.S. Supreme Court held yesterday that an applicant or employee need not prove that an employer had "actual…more
| Civil Rights, Labor & Employment Law

The DOL Issues New FMLA Forms

The DOL has issued new FMLA leave certification forms. The only changes are a new May 31, 2018 expiration date, a few more instructions from the DOL regulations and a reference to the GINA safe harbor exception…more
| Labor & Employment Law

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
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