On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule adopting a comprehensive ban on non-competition agreements and clauses, which prevent workers from leaving for a competitor for a certain period of...more
One of the decisions avid Supreme Court watchers (yes, aka employment law nerds) have been waiting for was Muldrow v. City of St. Louis, Missouri....more
4/24/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
Human Resources Professionals ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
Employers who use an external company to conduct background checks should be sure this company provides you (or your applicants, if the external company is sending these notices directly) with the new “Summary of Your Rights”...more
The Equal Employment Opportunity Commission (EEOC) has issued a new mandatory “Know Your Rights: Workplace Discrimination is Illegal” poster....more
Adding personnel is typically a good indicator of growth for a new or emerging business. However, despite good intentions or attempts to achieve greater efficiency, many new businesses make common mistakes like the ones...more
Can You Fire Her? -
Most employers, including the one involved in the lawsuit the title of this article is based upon, Hostettler v. The College of Wooster, would answer this question “yes.” After all, the Family and Medical...more
Tennessee has enacted a new law allowing (but not requiring) private employers to give hiring preference to:
..honorably discharged veterans
..spouses of a veteran with a service-connected disability
..unremarried...more
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...more
8/25/2015
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Former Employer ,
Hiring & Firing ,
Job Applicants ,
Medical Leave ,
Popular ,
Pre-Employment Health Screenings ,
Reasonable Accommodation ,
Retaliation ,
TN Supreme Court
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
7/20/2015
/ Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Gender Discrimination ,
Harassment ,
Hiring & Firing ,
Job Promotions ,
Obergefell v. Hodges ,
Policies and Procedures ,
Protected Class ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII
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...more
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...more
6/2/2015
/ Abercrombie & Fitch ,
Actual or Constructive Knowledge ,
Americans with Disabilities Act (ADA) ,
Discrimination ,
EEOC v Abercrombie ,
Employer Liability Issues ,
Employment Application ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS
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...more