Bass Berry & Sims Labor Talk

Monthly Archives: August 2011

Most Private Sector Employers Required to Post NLRA Notice

Posted in Labor Board Proceedings and Practice, Union Organizing and Collective Bargaining

On August 25, 2011, the National Labor Relations Board issued a Final Rule which requires most private sector employers to post a notice informing employees of their rights under the National Labor Relations Act.  Click here for a copy of the Final Rule. Employers will be required to post a Notice which can be found… Continue Reading

Labor Board Report Shows Its Struggles with the Realities of Social Media

Posted in Labor Board Proceedings and Practice

The NLRB’s Division of Advice recently issued memoranda in several different cases, showing that not all activity by employees on social media sites constitute protected activity.  These reports show that the Labor Board, like many employers, struggle with what is “protected concerted activity” – and thus protected from any employer discipline – and what are… Continue Reading

Should Employers Now Ask All Applicants If They Have Sued Under FLSA On A Background Check?

Posted in Retaliation/Whistleblower, Wage and Hour Law and Practice

A federal appeals court recently held that a job applicant cannot sue a prospective employer for retaliation under the Fair Labor Standards Act (FLSA).  In the case, Dellinger v. Science Applications International Corp., the employee had to complete a security clearance form after a conditional offer of employment.  The form asked the applicant if she… Continue Reading

Beware of Gender-Based Dress Codes

Posted in Discrimination and Harassment Law and Practice

Federal courts have generally upheld employers’ dress and grooming policies that differentiate by the stereotypical appearance standards of males and females. However, an increasing number of states and cities have enacted laws that protect an individual’s “gender identity” and “gender expression.”  In these jurisdictions, an employer may maintain dress standards; however, they must allow employees… Continue Reading

What Do Tennessee’s Family And/Or Medical Leave Laws Require?

Posted in Doing Business in Tennessee, Leaves of Absence/FMLA Law and Practice

Tennessee has a maternity/paternity leave law which permits both male and female full-time employees with 12 consecutive months of service to have four months of unpaid leave for adoption, pregnancy, childbirth and nursing a new infant.  In order for an employee to be covered, the employer must have 100 or more employees on the job… Continue Reading

Can I Enforce a Non-Compete Agreement Or Other Type Of Restrictive Covenant in Tennessee?

Posted in Doing Business in Tennessee, Employment Agreements/Non-Compete Policies and Practice

It depends.  In Tennessee, restrictive covenants are generally disfavored as a “restraint of trade,” so an employer should not assume that a contract limiting an employee’s competitive conduct after termination will be enforced by a court.  In order to enforce a restrictive covenant agreement, the employer must prove that it has a legally recognized “protectable… Continue Reading

Why the Renewed Debate on Criminal Background Checks?

Posted in Discrimination and Harassment Law and Practice

The EEOC has renewed the debate recently on an employer’s use of background checks in hiring.  Nothing new right?  You know you cannot use arrest records but only convictions because in this country, all are innocent until proven guilty.  But the renewed debate is whether use of conviction records is unlawfully discriminating against minorities. In… Continue Reading

What are the Protected EEO/Non-Discrimination Categories in Tennessee?

Posted in Discrimination and Harassment Law and Practice, Doing Business in Tennessee

The Tennessee Human Rights Act (THRA) applies to employers with eight or more employees within the state and prohibits discrimination based on race, creed, color, religion, sex, age or national origin.  The interpretation and enforcement of the THRA follows closely that of Title VII and the Age Discrimination in Employment Act (ADEA). The Tennessee Human… Continue Reading