Usually, once is not enough, at least in the hostile work environment context. Unless, as the court found in Ronnie L. Outlaw v. SBH Services, Inc., it is.
Typically, a single incident of harassment – especially by a...more
In a decision that could have employers rethinking how they offer employees a severance agreement, in McClellan v. Midwest Machining, Inc. the Sixth Circuit held that former employees seeking to void severance agreements do...more
8/21/2018
/ Corporate Counsel ,
Duress ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
Former Employee ,
Hiring & Firing ,
Pay Discrimination ,
Pregnancy Discrimination ,
Reversal ,
Severance Agreements ,
Severance Pay ,
Summary Judgment ,
Title VII ,
Void Contracts
Employers don’t call the Family and Medical Leave Act the “Friday and Monday Leave Act” for nothing, especially this time of year. The allure of summertime fun in the sun can cause an increase in employee absenteeism,...more
GINA—that elusive law about employers collecting genetic information that rarely comes up. What if an employee voluntarily shares his genetic history—can he turn around and claim his employer improperly acquired the genetic...more
6/1/2018
/ Appeals ,
Cancer ,
Corporate Counsel ,
Dismissals ,
Employer Liability Issues ,
Genetic Discrimination ,
GINA ,
Medical History ,
Medical Leave ,
Summary Judgment ,
Termination ,
Voluntary Disclosure
Employers beware: An employee does not have to use “magic words” to complain about discrimination for it to lay the basis for a retaliation claim. The Sixth Circuit made this point in a unanimous opinion in the case of Mumm...more
3/9/2018
/ Appeals ,
Employer Liability Issues ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Protected Activity ,
Retaliation ,
Reversal ,
Sex Discrimination ,
Summary Judgment ,
Title VII ,
Wage and Hour
Is an employee who quits her job then injures herself before she gets out the door still covered by workers’ comp? In a recent Tennessee case of first impression, the court ruled that after an employee says “I quit,” the...more
Can relationships with referral sources give rise to a legitimate business interest sufficient to enforce a non-compete? The answer is yes, at least in Florida....more
Tennessee lawmakers are cracking down on nurses and other healthcare providers (HCPs) diverting medications for personal use. A law going into effect on July 1, 2017, (yes—next week) puts an obligation on employers of HCPs...more
Quid pro quo and hostile environment sex harassment claims—two totally different claims—right? Or are they? While employers draw strict distinctions between these types of sex harassment, courts may not go along, as...more
Could a “right to disconnect” become law in the U.S.? France is trying it. Effective January 1, a new French law went into effect giving workers a “right to disconnect” when not at work. French employers with 50 or more...more
Tennessee employers– you can generally keep weapons off your property, but if you want to prosecute violators, you need the right sign. And, effective July 1, 2016, the state has changed what it says is an acceptable sign....more
Don’t listen to all the doubters – HR truly can save the day.
A recent federal court decision from the Western District of Tennessee illustrates the point again: prompt and appropriate investigation of a sexual...more
Tennessee has become one of the latest states to “ban the box,” joining a growing list of jurisdictions barring employers from asking about job applicants’ criminal histories. As of April 18, 2016, a total of 23 states and...more
A bill to allow Tennessee employers to voluntarily opt-out of the state’s workers’ compensation system appears to have been derailed, at least for this year....more
The Equal Employment Opportunity Commission (EEOC) says fiscal year 2015 was its best enforcement year ever, resulting in more than $525 million for “victims of discrimination in private, state and local government, and...more
Regardless of your state’s workers’ compensation laws, covered employers must always keep the Americans with Disabilities Act (ADA) in mind when wrestling with whether to ask job applicants about prior workers’ compensation...more
With the prevalence of companies providing ‘‘on demand’’ services today, the temptation to classify workers as independent contractors rather than employees has perhaps never been greater, attorneys Keith Covington and John...more
A recent ruling from a Tennessee appeals court reinforces that a prompt and reasonable investigation can help save an employer from liability in response to sexual harassment charges....more
Franchisors in Tennessee can breathe a small sigh of relief thanks to a newly enacted state statute that seeks to limit their potential liability and strike back at the general counsel of the National Labor Relations Board....more
Earlier this month, Tennessee Governor Bill Haslam signed a law prohibiting employers from firing employees for complying with the state’s “guns-in-trunks” statute. The new law creates another exception to Tennessee’s...more
The more things change, the more they stay the same. As our “on-demand” society continues to develop and services are offered in ever new and more convenient ways, businesses must remain mindful of the traditional factors...more
Barring the firing of an employee for legally bringing a firearm to work and liability protection for franchisors highlight the employment law proposals on the Tennessee legislature’s agenda for this year.
...more
All Tennessee employers and their agents must now comply with the “Employee Online Privacy Act of 2014,” a new law that prohibits employers from asking their employees for their usernames and passwords to social media sites,...more
1/6/2015
/ Corporate Counsel ,
Email ,
Employer Liability Issues ,
Employment Policies ,
Facebook ,
New Legislation ,
Online Privacy Protection Act ,
Passwords ,
Popular ,
Social Media ,
Social Media Policy ,
Social Networks
Tennessee’s “guns-in-trunks” law is constitutional and enforceable, according to a recent opinion from the Tennessee Attorney General’s Office.
In 2013, the Tennessee legislature passed and Governor Bill Haslam signed...more
Reminder to Tennessee whistleblowers and employers: a Tennessee Public Protection Act (“TPPA”) suit only works if the purported whistleblower has a reasonable belief that what occurred was actually illegal.
To prevail...more