Bass Berry & Sims Labor Talk

Monthly Archives: October 2011

“Jury Duty” Includes Commuting Time to Court

Posted in Doing Business in Tennessee, Wage and Hour Law and Practice

Most Tennessee employers are required to pay employees their “usual compensation” for jury duty.  But, what time is included in the phrase “jury duty” for the purpose of paying employees who serve? That question was the subject of a recent Tennessee Attorney General opinion.  The Attorney General clarified that, under Tennessee law, jury duty includes… Continue Reading

Surviving the Workday: Healthcare and Late-Night Retail Establishments Identified as “High Risk” Industries for Workplace Violence

Posted in Doing Business in Tennessee

Given recent news involving brutal acts of violence in the workplace, employers may wonder what they need to do to protect their own employees.  Workplace violence can strike anywhere, and no workplace is immune.  The Occupational Safety and Health Administration (OSHA) recently issued a directive which identified healthcare, social service settings and late-night retail establishments… Continue Reading

NLRB Delays Employer Notice Posting

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

The National Labor Relations Board has postponed until Jan. 31, 2012 the effective date of its regulation requiring most private employers to post a notice informing employees of their rights under federal labor law.  According to the NLRB, the purpose of the delay is to provide enhanced education and employer outreach.  Click here to read the… Continue Reading

ADA Developments – “How Much Leave Is Required?” Is the Wrong Question

Posted in Leaves of Absence/FMLA Law and Practice

Based on recent developments, employers wonder how much leave is really required under the ADA.  It seems that employers with even generous policies and practices have run afoul of the EEOC either in individualized cases, or, worse yet, in class claims. Most recently, Verizon Communications Inc. settled for a record $20 million payout based on… Continue Reading