Bass Berry & Sims Labor Talk

Monthly Archives: June 2013

DOMA and the FMLA – What Should Employers Do “In the Meantime”?

Posted in Leaves of Absence/FMLA Law and Practice

The Supreme Court’s Defense of Marriage Act (“DOMA”) ruling will impact the “spouse” definition in the Family and Medical Leave Act (“FMLA”) (among other extensive impacts in the employment law and employment benefits industry). Employers can expect the Department of Labor to issue, relatively soon, some guidance on the definition of spouse in light of… Continue Reading

U.S. Supreme Court to Address Neutrality Agreement

Posted in Union Organizing and Collective Bargaining

On June 24, the U.S. Supreme Court agreed to consider whether a neutrality agreement between Hollywood Greyhound Track Inc. d/b/a Mardi Gras Gaming (“Mardi Gras”) and UNITE HERE Local 355 (“UNITE HERE”) violated Section 302 of the Labor Management Relations Act (“LMRA”). A “neutrality agreement” is an agreement between an employer and a union by… Continue Reading

Supreme Court Says a Class Action Waiver in Arbitration Agreement is Enforceable

Posted in Uncategorized

The U.S. Supreme Court has ruled that a class action waiver in an arbitration agreement is enforceable. Although not an employment case, the decision likely signals that an employee’s waiver of the right to bring a class action will be enforceable if included in an employment agreement that requires arbitration to settle any employment-related dispute…. Continue Reading

Attorney General Says “Guns in Trunks” Legislation Does Not Alter “At-Will” Status of Employees

Posted in Doing Business in Tennessee

Tennessee employers, according to the Tennessee Attorney General, can still terminate employees for violating a “no weapons” policy, despite the new “guns in trunks” legislation due to take effect July 1, 2013. In his opinion letter, Attorney General Robert Cooper answers “yes” to a hot topic of conversation among employers – and their attorneys –… Continue Reading