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Hurricane Damage Control: Piecing Together Time Records

Posted in Uncategorized

Bass, Berry & Sims attorney Tim Garrett discussed how natural disasters, such as the recent Hurricane Matthew, can impact employers and employees as they strive to maintain compliance with labor and employment laws. The article outlines key compliance areas such as timekeeping records and delivery of paychecks that could be effected. As with any disruption… Continue Reading

Bob Horton Content Cited in Leading Guide on Healthcare Valuation

Posted in Uncategorized

The authors of the BVR/AHLA Guide to Healthcare Industry Finance and Valuation cited content from Bob Horton’s 2013 Member Briefing, “Restrictive Covenants in Physician Employment Relationships.” Bob’s briefing, written for the Labor & Employment and the Business Law & Governance Practice Groups of the American Health Lawyers Association (AHLA), outlines the enforceability of restrictive covenants… Continue Reading

Workplace Conflicts: How Involved Must An Employer Be?

Posted in Uncategorized

Bass, Berry & Sims attorney Tim Garrett analyzed an employer’s obligations in responding to workplace conflict among employees. Conduct on social media between colleagues and domestic violence situations that can spill over into the workplace have blurred the lines of what is considered on-duty and off-duty behavior. This new landscape has left many employers wondering… Continue Reading

U.S. Supreme Court Rejects Sixth Circuit’s Long-Standing Presumption Treating Healthcare Benefits as Vested for Life

Posted in Employee Benefits, Uncategorized

Employers in Michigan, Kentucky, Ohio and Tennessee may now have more freedom to alter, reduce or eliminate healthcare benefits provided to retired union workers.  On January 26, 2015, the Supreme Court in M&G Polymers USA, LLC v. Tackett unanimously decided that the Sixth Circuit’s long-standing “Yard-Man” presumption violates traditional principles of contract law. 2015 U.S…. Continue Reading

President Obama Poised to Sign Executive Order Barring Discrimination Based on Sexual Orientation

Posted in Discrimination and Harassment Law and Practice, Uncategorized

The White House has announced that President Obama will sign an executive order prohibiting federal contractors from discriminating against individuals on the basis of sexual orientation or gender identity, a move the White House hopes will pressure Congress into passing legislation banning employment discrimination against the lesbian, gay, bisexual and transgender (LGBT) community. The Senate passed… Continue Reading

Release Language Hazards and How to Fix Them

Posted in Uncategorized

The EEOC has been challenging the legality of releases, attacking certain language that some employers consider standard.  The EEOC responds that it is merely acting consistently with its 1997 Enforcement Guidance on what it considers “non-waivable rights.”  So, what has drawn the EEOC’s adverse attention? 

Proper Tone In Performance Management – Be an Andy, Not a Barney

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To Andy Griffith Show aficionados, Andy was a true leader. Barney? Well, not so much. Why? Barney thought his job was to enforce rules, that any infraction had to be punished, that only then could appropriate respect for the rules and for authority be engendered. These sound like good things. So why did Barney seem to get it so wrong? 

President Presses Department of Labor to Redefine FLSA Exemptions for the “Modern Economy”

Posted in Uncategorized

Employer costs for meeting the overtime exemptions under the Fair Labor Standards Act (FLSA) will be increasing but not imminently. The process for that increase surely has begun. On March 13, 2014, President Obama instructed the Department of Labor (DOL) to review the “white collar” exemptions from the FLSA.  As readers know, an employer is not… Continue Reading

OFCCP Revises Disability Disclosure Rules for Federal Contractors

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The Office of Federal Contract Compliance (OFCCP) has revised the rules implementing Section 503 of the Rehabilitation Act, which applies to certain federal contractors.  The revised rules, which are effective on March 24, 2014 require covered federal contractors to invite each job applicant to voluntarily disclose (“self-identify”) whether he or she has a disability as… Continue Reading

Religious Accommodation Ruling Confirms Employment Law Trend Toward Candid Interactive Discussion

Posted in Uncategorized

A federal circuit court’s recent ruling provides more evidence of a prevalent employment law trend that has developed in the last few decades. The trend? Candid interactive communication about an employee’s rights and an employer’s responsibilities. Over the past few decades, attentive employers have seen courts favor those who communicate forthrightly concerns or issues and… Continue Reading

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

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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

Requiring Employee to Seek Counseling May Violate ADA

Posted in Uncategorized

The Americans with Disabilities Act (ADA) prohibits a covered employer from requiring an employee to undergo a “medical examination,” unless the examination is shown to be job-related and consistent with business necessity. The Sixth Circuit Court of Appeals recently held that an employer’s demand that an employee seek psychological counseling as a condition of continued… Continue Reading