Miller & Martin PLLC

Effective July 1, 2013, the Tennessee Department of Labor and Workforce Development (TN DOL) will be authorized to impose penalties on construction companies that avoid paying workers’ compensation premiums by misclassifying…more

The “fluctuating workweek” wage payment method is allowed under the Fair Labor Standards Act (FLSA) when (1) a non-exempt employee’s hours of work fluctuate from week to week, (2) the employer and employee agree to use this…more

On April 29, 2013, Governor Bill Haslam signed the Tennessee Workers’ Compensation Reform Act of 2013 (“the Reform Act”) into law. The Reform Act will apply to all workers’ compensation claims that are made on or after July 1,…more

Under the National Labor Relations Act (NLRA), absent a few highly unusual situations, a non-employee union representative can be denied access to an employer’s property at any time. Workplace inspections conducted by OSHA have…more

The four separate EEOC Q&A Guidance documents each are about 10 pages long. So, for those of you without the spare time to review them all, here is a brief “Cliff Note version.” …more

In the midst of trying to keep straight all employer responsibilities, obligations, and pitfalls under the ADA and the FMLA, as well as a plethora of other federal and state laws, the EEOC's simultaneous filing and settlement of…more

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

Yesterday, the United States Court of Appeals for the D.C. Circuit held that the National Labor Relations Board (NLRB) rule requiring employers to post notices regarding employees’ right to unionize was invalid…more

All employers are reminded that the newly revised I-9 form, issued by the Department of Homeland Security on March 8, 2013, must be used for all new hires beginning today. Use of the older version of the form after today will…more

(1) Employers must notify employees of their rate of pay either prior to or as of when the employee begins work for them... …more

OSHA revised its Hazard Communication Standard (HCS) to align with the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals (GHS). Two significant changes contained in the revised standard…more

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

Individualized Proof of Damages Can Block Class Certification Under Rule 23(b)(3) - The United States Supreme Court in Comcast v. Behrend continued its trend of disfavoring class certification of cases involving…more

The Facts – “What Happened?”: The plaintiff, Ms. Mocic, worked as an EMT for the employer/defendant (SCEMS) for almost four years. She became pregnant in 2009. She requested and was granted an apparently uneventful FMLA…more

On Thursday, March 14, 2013, Governor Bill Haslam signed a new gun law for our state, which will go into effect on July 1…more