Category Archive for: ‘Labor & Employment’

April Website Update: Seventh Circuit Holds Discrimination Based on Sexual Orientation is Covered by Title VII

There are now two camps when it comes to whether Title VII prohibits discrimination based solely on sexual orientation. In one camp, the EEOC and, most recently, the Seventh Circuit say discrimination on the basis of sexual orientation is sex discrimination for Title VII purposes.  The other camp, including the Sixth Circuit, in which Tennessee resides, and the Fourth Circuit, …

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New DOL Persuader Requirements Effective July 1, 2016

More detailed reporting will now be required for both employers and their attorneys related to an employer’s “persuader” activities (See 29 C.F.R. Parts 405 and 406).  “Persuader activities” are defined as “any actions, conduct, or communications that are undertaken with an object, explicitly or implicitly, directly or indirectly, to affect an employee’s decisions regarding his or her representation or collective …

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Department Of Labor Issues Rule Altering Exemption From Overtime

            The Department of Labor (“DOL”) has issued a final rule effective December 1, 2016 raising the minimum salary level of exempt employees classified as executive, administrative and professional (“white collar”) from $23,660 per year to $47,476 or $455 a week to $913 per week, and the minimum salary for “highly compensated” employees who are exempt from the overtime requirement …

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Department of Labor, Administrator’s Interpretation on Worker Classification

The Wage and Hour Division of the Department of Labor provided recent guidance in determining classification of workers.  The WHD says a business “‘suffers or permits’ an individual to work if, as a matter of economic reality, the individual is dependent on the entity.”  The factors of the economic reality test include: (a) the extent to which the work performed …

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New Workers Compensation Law

The Legislature has significantly revised the Workers’ Compensation Law. New rules apply to employees injured on or after July 1, 2014. The new law generally reduces potential benefits and makes it more difficult for employees to establish a right to benefits. Trial Courts no longer have any involvement with workers’ compensation cases. All claims are now handled by a newly …

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Wilson Worley presents “Employment Law for Small Business” – Sponsored by KOSBE. on Thursday June 25

Small business owners frequently imagine that human resources issues are for big business only. In reality, any number of laws, state and federal, apply to most businesses no matter how small. These include laws governing workplace safety, wages and hours, and workers compensation. Moreover, a business doesn’t have to get very big before a number of other laws, including the …

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Follow the Chain of Command? Yeah, but…

Most employers want their employees to “follow the chain of command” and not go “over the head” of their immediate supervisor. But a recent case from the Tennessee Supreme Court illustrates the pitfalls of being too rigid about this requirement. In Williams v. City of Burns, a police captain was asked to “fix” a speeding ticket at the request of …

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Retail Giant Faces Tough Questions About Employee “Look Policy”

Abercrombie & Fitch, a well-known American teen retailer, faced tough questions from the US Supreme Court last month while defending suit for its hiring practices in accordance with its corporate “look policy.” The case, entitled EEOC v. Abercrombie and Fitch Stores, Inc., arose from facts surrounding the retailer’s alleged failure to hire a young woman because of her religious apparel.  …

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Text messages at work lol

  I was in a court proceeding recently involving a termination. The proof consisted of numerous text messages between the employee and a manager. It struck me as we sorted through the electronic discussion just how much communication occurs in the job setting via text message. It is a good idea to review your employment policies to make sure that …

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New NLRB Union Election Rule Effective April 14th

The controversial new rule for Union elections adopted last year by the National Labor Relations Board (NLRB) goes into effect on April 14, 2015. It is designed to make it easier for labor unions to win recognition by shortening the time for management to respond to an election petition.  Currently, the time between filing an election petition with the NLRB …

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