NLRB Cracks Down on Employer Handbook Rulemaking
On August 2, 2023, the National Labor Relations Board (“NLRB” or the “Board”) published its long-anticipated decision in Stericycle on how employer rules would be interpreted.[1] This ruling overruled the prior standard, Boeing,[2] and returned to a version of the rule announced in Luther Heritage Village-Livonia.[3] While the Boeing decision was more permissive of broad employer rules, the Stericycle decision creates a burden-shifting test that will force employers to be more cautious in their rulemaking. Under Stericycle, it must first be shown that “a challenged rule has a reasonable tendency to chill employees from exercising their Section 7 rights.”[4] The Board
California Corrects the Supreme Court’s Interpretation of its Law
In a highly anticipated ruling entered Monday July 17th, 2023, the Supreme Court of California (“California”) held contrary to the Supreme Court of the United States (“SCOTUS”) on a matter of state law. California’s Private Attorneys General Act of 2004 (PAGA) creates new civil penalties for Labor Code violations and allows “an aggrieved employee,” acting as a proxy or agent of the state Labor and Workforce Development Agency (LWDA), to bring a civil action against an employer “on behalf of himself or herself ( referred to as “individual claims”) and other current or former employees” ( referred to as “non
Join our Team as an Associate
Wilson Worley is a general civil practice law firm providing litigation and non-litigation services in Northeast Tennessee and Southwest Virginia from offices in Kingsport, Tennessee. We have a broad range of skills and talents in our team, which allows us to provide excellent tailored service to our clients. We would be pleased to welcome a new attorney to join our team as an associate. The ideal candidate should be ambitious, flexible, and enthusiastic. If you have serious interest in filling this position please reach out to our office manager at 423-732-0432
“He Who Represents Himself has a Fool for a Client”
Representing yourself in court is usually a bad idea. Sometimes it’s because you, the litigant, are too close emotionally to the issue to make objective decisions about strategy. But often the most immediate problem is that most non-lawyers are not trained or experienced in the rules of what evidence may be presented in court, and how it can be presented. If you cannot get your evidence in front of the judge, you have no way to win your case. The Tennessee Court of Appeals just ruled on yet another case where both reasons applied: Matthews v. UPS Store Center 3138. The
Rebecca J. Ketchie and Katherine S. Steffen Named Shareholders at Wilson Worley PC
Wilson Worley PC is pleased to announce Rebecca J. Ketchie and Katherine S. Steffen have been named shareholders. Wilson Worley is a full-service civil litigation and transactional law firm serving Northeast Tennessee and Southwest Virginia. Rebecca J. Ketchie joined Wilson Worley PC in 2014, and focuses her practice on civil litigation, primarily in the areas of land use, family law, medical malpractice defense, and business litigation. She is licensed to practice in state courts of Tennessee and Virginia, and is admitted to the Eastern District of Tennessee, Western District of Virginia, and Fourth and Sixth federal Circuit Courts. Ms. Ketchie holds a degree in Political Science from
In Remembrance of Gorman Waddell
Gorman Waddell, Shareholder at Wilson Worley PC, passed away on February 13, 2021. Gorman practiced law for over 56 years. He was cherished by his co-workers and will be greatly missed. The following is an article written by long-term friend and business partner, Robert Arrington… I think it’s a sign of my own advancing age that I find myself writing periodically about someone I have known well, but who has recently died. I’ve written within the past few years about Bill Gamble, Dorman Stout, and Pal Barger. Now I find myself writing about Gorman Waddell, my law partner who died at home
COVID-19 Response from the Firm
We understand these are uncertain times for many of our clients. Wilson Worley PC is committed to serving our existing and new clients without interruption. Whether you are an individual in need of estate planning services or an employer navigating challenges presented by the COVID-19 coronavirus, we are here to serve you. We are here when you need us most. Our offices in Kingsport are open for business during normal business hours from 8:00 a.m. to 5:00 p.m. We have taken precautions to protect our attorneys, staff, and clients and are following guidelines published by the CDC, as well as any guidelines recommended
Tennessee Business Relief Program
The Tennessee Business Relief Program was implemented in early June to reimburse small businesses for costs incurred as a result of the mandatory closures due to COVID-19. The program will be funded through Tennessee’s Federal Coronavirus Relief Funds and is expected to distribute around $200,000,000 in funds to over 28,000 qualifying businesses. No application is required to be eligible for the Tennessee Business Relief Program because eligibility is based on whether the business collects sales tax or pays business tax. On average, the eligible businesses have annual gross sales of $500,000 or less. Businesses are eligible for the business relief program
Force Majeure
As the economic impact of the coronavirus pandemic is felt globally, many businesses are struggling to perform their contractual obligations, despite their best intention. While many businesses have been forced to suspend operations, those businesses need to consider their contractual obligations arising during this interruption of operation. Businesses need to contemplate how they will manage the impact of the crisis, what mitigations are available, and what remedies might be available. A common contractual issue that a business currently faces is suspending or terminating a contract. Many contracts include a force majeure clause. Force majeure clauses cover situations that are beyond the
Moratorium on Evictions: Virginia Order and Federal CARES Act
On June 8, 2020, the Virginia Supreme Court issued an Order which creates a moratorium on evictions in the state through June 28, 2020. The June 8 Order is an amendment to the previously entered June 1 Fifth Order, which did not address evictions in its extension of several operational guidelines related to COVID-19 protections. The decision to cease evicting tenants was based on a request from Governor Northam while his team creates and implements a rent relief program and a plan to minimize the public health risks that come with evicting residents. Virginia landlords should avoid pursuing an order of