SCOTUS Reverts to Employer-Friendly Injunction Rule
SCOTUS Reverts to Employer Friendly Injunction Rule On June 13, 2024, in Starbucks v. McKinney, the U.S. Supreme Court reverted to an older and more stringent four-part test to be used when the National Labor Relations Board (NLRB) seeks an injunction against an employer. The NLRB enforces the National Labor Relations Act’s (NLRA) prohibition on employers engaging in unfair labor practices. Due to the lengthy nature of NLRB proceedings, the NLRB often seeks a preliminary injunction against an employer to stop what it believes is an unfair labor practice during the pendency of the suit. This traditional four-part test makes it more
New Federal Filing Requirements for Companies
New Federal Filing Requirements for Companies Effective January 1, 2024, the Corporate Transparency Act requires many companies to make reports with information about the company and individuals who exercise "substantial control" of the company with the Treasury Department's Financial Crime Enforcement Network (FinCEN). The reports are filed on-line and the process is relatively easy for a single company. For companies with subsidiaries, the process can be more complicated. There are exemptions, but most of those exemptions do not apply to a small business. There are both civil and criminal penalties if you do not comply with the filing requirements of the Act. If
New FTC Rule Bans Noncompetes (Or Tries To)
New FTC Rule Bans Noncompetes (or tries to) On April 23, 2024, the Federal Trade Commission (FTC) announced a final rule that would ban most noncompete agreements. Touting that the rule “will generate over 8,500 new businesses each year, raise worker wages, lower health care costs, and boost innovation,” the FTC estimated that approximately 30 million employees are subject to noncompete agreements. The rule caveats employer’s existing noncompetes with senior executives, permitting them to remain in force. However, all other noncompetes will be ineffective after the 120-day period after the publication of the final rule expires. Faced with this, many companies are
Supreme Court Lowers Discrimination Threshold for Job Transfers
Supreme Court Lowers Discrimination Threshold for Job Transfers On April 17, 2024, a unanimous U.S. Supreme Court ruling lowered the bar employees must clear to prove discrimination in job transfer lawsuits. In the case at bar, a police officer who worked as a task force officer with an intelligence unit in the FBI was reassigned by a new unit commander who cited that the intelligence unit’s work was “very dangerous.” Her new assignment stripped her of a regular work schedule, a vehicle, and her status with the FBI. The Court reversed the appellate ruling against the officer and outlined a less-stringent test
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