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 Tennessee Human Rights Act, come into play. Finally, a growing business sometimes reaches the applicability of federal employment laws, including the ADA and the FMLA, without realizing these laws now apply. Learn how you can be prepared to protect your

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 the chief of police, and complained to the mayor about the chief’s conduct. The police chief fired the captain, who sued for retaliation under the Tennessee Public Protection Act. The City’s defense was that the captain was not fired for

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.  Samantha Elauf, a seventeen-year-old applicant, wore a head scarf, or hijab, to her interview because of her religious practices. Abercrombie has a clearly-defined “look policy”, which strictly prohibits hats or caps in the workplace.  Although the employee who interviewed Elauf

  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 they contemplate all the different types of electronic communication that are being used in your workplace.  Do you specify how an employee must give notice about attendance or request time off? Odds are, you have some employees requesting time off via text.

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 and the actual election averages 38 days. Under the new rule, time from the filing of a petition and a hearing on whether the election shall proceed and on what employees are eligible to participate will be eight days, with

Last week, the Sixth Circuit upheld same-sex marriage bans in four states within the circuit, including Tennessee.  After four circuit courts had struck down such bans in other areas of the country, including in Virginia, there is now an expectation that the Supreme Court will address laws banning same-sex marriage. These opinions impact employers regarding application of workplace policies and handling of benefits.  Under the Supreme Court’s 2013 Windsor opinion, same-sex spouses are married for federal tax purposes, provided they were married in a state that allows same-sex marriage.  Currently for employers, this impacts qualified retirement plans. The Sixth Circuit opinion is a 2-1

Classification of workers has long caused confusion and been an area of concern for businesses.  Because independent contractors work for themselves, they are not covered by tax and employment laws in their work for businesses.  Because of the costs associated with employees and the labor and other legal requirements, employers are often tempted to label as many workers independent contractors as possible.  Even consent by the worker or a written contract calling someone a contractor is not enough; instead, the law determines who is an employee. It is a good idea to review job responsibilities and control exerted over your workers

One of the posts from this summer stated that job descriptions are important because they set out expectations about a given position. Specifically, descriptions are important under the ADA as well. They provide a framework to review whether an applicant with a disability is otherwise qualified to perform the job. They, then, allow the employer to consider what accommodations would be necessary for the applicant to handle the essential functions of the job. That, in turn, leads to clarity on whether accommodation would be reasonable. The ADA has no express requirement to adopt job descriptions; however, the law requires that applicants and employees

The White House announced some time ago that President Obama would sign an executive order that prohibits discrimination against gay and transgender workers who work for the federal government, its contracting agencies, and federal contractors. That order become official today. Several state and local governments have already adopted similar protections. Estimates are that the federal changes will affect nearly twenty-five thousand companies and touch approximately twenty percent of all workers in the U.S.  The signing comes after the Employment Non-Discrimination Act, commonly referred to as ENDA, again failed to move forward in the U.S. House. The signing served to amend prior executive

Job descriptions are important. They are not specifically required by law or regulation. However, the essential functions of a job must be considered in many contexts such as questions involving disability status or leave. Job descriptions allow the employer to clarify what responsibility an employee has within the business and how the employee is expected to operate. This information matters from the first interview through the end of employment. Descriptions allow the employer to define relationships and obligations between co-workers and departments or divisions. They can set out educational, training, and skills requirements. They can also be the first place an