Tag: Tennessee

Coming Together in Flood-Ravaged Nashville

The greater Nashville metro area, where our company is headquartered, experienced widespread flooding during the first days of May. The devastation was significant. In fact, Tennessee’s governor asked that 53 counties across the state be declared federal disaster areas. When something like this happens, everyone is affected by it in varying degrees. Some of us […]

Medical Marijuana Compassionate Use Laws Among 2010 Legislative Actions

by Lorraine Yeomans The 2010 state legislative sessions have kicked off across the nation, and one of the first pieces of legislation to be signed into law this year was a bill legalizing the use of medical marijuana. On January 18, as one of his last acts before leaving office, New Jersey Governor Jon Corzine […]

ICE to Inspect 180 Employers in South

By Hector Chichoni On Tuesday, March 2, U.S. Immigration and Customs Enforcement (ICE) announced that it had sent 180 notices of inspections (NOIs) to employers in Tennessee, Alabama, Arkansas, Louisiana, and Mississippi. At least 30 NOIs have been sent to employers in Tennessee and another 30 or so to employers located in southern and central […]

Can an Employer Deny FMLA Leave After Mistakenly Telling Employee He Is Eligible?

by Daniel B. Gilmore If an employee is admittedly ineligible for leave under the Family and Medical Leave Act (FMLA) but his employer mistakenly informs him that he is eligible before he takes leave, should the employer be prevented from denying his request? The Sixth U.S. Circuit Court of Appeals recently addressed that question and […]

Proceed with Caution When Rehiring Laid-Off Employees

by Kara Shea One hopeful sign that our economy is perhaps inching back in the right direction is the number of calls I’ve received in recent weeks from clients inquiring about hiring back employees let go during a reduction in force (RIF). Some employers have told me they’re contemplating bringing back certain positions, or even […]

Former National Guardsman Prevails on Reemployment Claims Against Employer

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) provides, at its core, reemployment rights for employees returning from military service and protection from employment discrimination following reemployment. Last month, the U.S. Court of Appeals for the Sixth Circuit clarified that a qualified service member’s reemployment rights can’t be delayed or otherwise limited […]

Correctly Classifying IT Employees As Exempt or Non-exempt

by Kara Shea I’m often asked to give advice about whether employees are exempt from the overtime requirements of federal law. I have to say that it’s a pretty easy call about 70 percent of the time. But then there’s that troubling 30 percent of jobs that give my clients (and, truth be told, yours […]

Reducing the Risk of Wrongful Discharge Claims During Layoffs

by Kara Shea In a previous article, I discussed the risks of some of the methods employers use to forestall layoffs (such as adjusting hours and compensation). This week, I’m going to assume the worst has happened and talk you through a layoff scenario, with the goal of reducing the risk of wrongful discharge claims […]

Legal Issues When Reducing Employees’ Hours, Wages

by Kara Shea We’ve received many questions lately from employers facing tremendous pressure to reduce their operating expenses. Some proposed cost-cutting efforts implicate various employment laws. Since things may get worse before they get better, I’m undertaking a series of articles to address some of the issues you may encounter in the months ahead. I’ll […]

Wage and Hour Compliance Essentials for Employers

by Kara Shea Wage and hour compliance issues are probably the single greatest source of worry (and sleepless nights) for employers, at least those who are reading the headlines. In the last several years, employers around the country have been hit with huge damages awards in wage and hour litigation or have agreed to pay […]