Policies

While President Obama’s landmark overtime expansion is pending in a Texas federal court, on May 2, 2017, the Republican House passed the Working Families Flexibility Act (H.R.1180/S.801) by a vote of 229 – 197, which would change overtime pay in the private sector, as we know it. Not one Democrat voted for the bill and Senator Elizabeth Warren called the bill a “disgrace” on Twitter. In opposition to the Act, the National Partnership for Woman & Families calls the Act “harmful, smoke-and-mirrors legislation” as it believes that the Act would set up a false choice between time and money. Why is everyone so up in arms about the Act? Let’s take a look . . .
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A National General Strike has been announced for February 17, 2017 as a “peaceful display of resistance and solidarity” to protest the Trump Administration’s policies. This “strike” poses thorny legal issues for nonunion employers that are unaccustomed to dealing with “striking employees.” Purely political protests, including walking off the job and calling out, can be protected if the purpose of the protest is to impact their interests as employees through the political process. However, it is not at all clear that the National General Strike has anything to do with employment policies, and it appears to be directed to protests of the Trump administration generally.
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D.C. joins 11 other jurisdictions (California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Nevada, Oregon, Vermont and Washington) in banning employers’ use of employees’ or applicants’ credit histories.
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EDITOR’S NOTE: THIS IS SATIRE

MEMORANDUM

To:                   Management Team

From:               Legal Department

Date:                December 15, 2016

Re:                   Company Holiday Event Post-Mortem

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Three years ago, the Company Christmas Party resulted in various criminal charges, allegations of sexual harassment, compensation of the entire Accounting Department for an all-night game of Truth-Or-Dare, a workers compensation claim for dance fighting, and the consummation of a little boy named Wendell, Jr. The Legal Department took inventory of these events in a memorandum that provided advice for future parties. (more…)

It’s the most common employment law claim . . . retaliation.  In 2015, 44.5% of the total EEOC charges were based on retaliation, which exceeded even race-based charges of discrimination.  So it is not surprising that the EEOC decided to weigh in.  On August 29, 2016, the EEOC issued its final 76-page Enforcement Guidance on Retaliation and Related Issues, the first retaliation guidance provided by the EEOC since 1998.
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This year, there are several notable revisions to TN law regarding workers’ compensation. First, reasonable attorney fees and costs can be awarded to the employee and his/her counsel when the employer fails to initiate appropriate medical treatment pursuant to a settlement, expedited order, or judgment and when the employer wrongfully denies a claim and fails to promptly initiate temporary benefits. Therefore, this may greatly limit our ability to deny claims that we had previously denied. As you are aware, very few attorneys wanted to take on cases for employees and this is meant to encourage more attorneys to take claims for employees. (more…)

The prevalence of employees identifying themselves as “whistleblowers” has expanded in recent years due to expansion of federal and state whistleblower rights.  Recently, a recently enacted federal law, the Defend Trade Secrets Act of 2016 (“DTSA”), created a new class of whistleblower protection rights. The DTSA creates a federal private civil action for the misappropriation of trade secrets.  Included in this Act, however, is a provision for immunity from both civil and criminal allegations, under state and federal law, for employees and independent contractors who are whistleblowers. (more…)

May 16th may be a significant day for employers across the country. After more than two years of debate, analysis and overall panic from employers across the country, this is the deadline that was widely reported when the final overtime rule would be published by the Office of Management and Budget (OMB). Don’t panic. As of the time of this posting the final overtime regulations HAVE NOT been published but if it is not today, it is definitely soon. The regulation change will impact the exempt status of employees in virtually every industry and has created one of the most significant challenges to face employers in the last decade. It is high alert time.
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