Category Archive for: ‘Labor & Employment’

Tennessee Billboard Act Declared Unconstitutional

Tennessee has long made a distinction between on-premises and off-premises commercial signs in sign regulations. In general, on-premise signs (those that advertise or point to a good or service provided on the same site as the sign) are less regulated than off-premises advertising signs. This may come to an end. The Western District of Tennessee declared the state law unconstitutional …

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Workers Compensation Physician Panel Provisions: Ignore At Your Own Risk!

Russell Adkins   Tennessee’s workers compensation laws require an employer to offer injured employees with a panel of three or more physicians. An injured employee has the option to select one of those physicians to provide treatment. If the selected physician orders referral to a specialist, the employer is deemed to have accepted the referral unless the employer provides the …

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The Continuing Struggle over Class Action Waivers in Employment Arbitration

Robert Arrington[1] Many employers now have company sponsored employee dispute resolution plans, in which all employees are required to agree to submit employment disputes to binding arbitration. Most such agreements prohibit employees from filing class actions. For the past several years, these provisions have been under attack from the National Labor Relations Board. It appears this controversy may soon be …

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Recent Court of Appeals Decision Clarifies Workers’ Compensation Remedy

In a recent decision, the Tennessee Court of Appeals considered whether a civil action brought by an employee following a sexual assault and robbery on the job should be exclusively remedied under the Tennessee Workers’ Compensation Act.   In the case of Jane Doe, et al. v. P.F. Chang’s China Bistro, Inc., et al, an employee of P.F. Chang’s (hereinafter …

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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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