Tag: Employment law

Tennessee Court Highlights Importance of Keeping Age Out of Termination Equation

The Tennessee Human Rights Act (THRA) prohibits covered employers from discriminating against employees 40 years old or older because of their age. In a recent case, the Tennessee Court of Appeals provided a reminder that other factors often correlated with age (such as salary or years of service) are distinct from age and may not […]

Employers Urged to Prepare for Tougher Rules on Contractors, Joint Employment

The U.S. Department of Labor’s (DOL) announcement of plans to rescind final rules related to independent contractors and joint employers should put employers on notice that a less employer-friendly day is coming, attorneys who advise employers say. In announcing the effort on March 11, the DOL said the action is needed because the rules weaken […]

#10YearChallenge: How Much of a Difference Has a Decade Made in Employment Law?

Early in 2019, social media feeds, from Instagram to Twitter and Facebook, were filled with “10-Year Challenge” posts. To participate, users posted side-by-side pictures from 2009 and 2019, respectively, with “#10yearchallenge.” Now that 2019 (and this decade) is drawing to a close, the #10yearchallenge is once again gaining traction with celebrities like Reese Witherspoon and […]

Employers, Get Ready for Spike in Biometric Privacy Lawsuits

Since the introduction of biometric authentication technology, the number of employers using it to capture their employees’ biometric data has grown. Some employers require employees to clock in and out of work using their fingerprints. Others rely on facial recognition software and retina scans to accomplish the same. While the technology offers several advantages, you […]

It’s Not Me—It’s You: How to Break Up With Your Employees

Relationships—both personal and professional—can be complicated. Just like first dates, job interviews offer candidates the chance to show a prospective employer the best possible version of themselves: smart, charming, funny, and responsible. As an employer, you ask exploratory questions about a candidate’s background, education, interests, and goals for the future to see if it’s a […]

Top 10 Employment Handbook Mistakes

Although most employers at least have an employment handbook, few companies treat it as a priority item. That’s a shame because a handbook presents a wonderful opportunity to communicate with your workforce about your organization’s philosophy, mission, and culture. Companies like Netflix and Nordstrom have demonstrated that handbooks can be effective without being dry and […]

FMLA

Calling all Florida Employers: You Can’t Delay Designating FMLA Leave

On March 14, 2019, the U.S. Department of Labor (DOL) issued a new opinion letter addressing whether an employer may delay designating paid leave as Family and Medical Leave Act (FMLA) leave. The issue often arises when employees who need time off ask to use their paid leave first and advise the employer that they […]

A Radioactive Nightmare Fueled by Bureaucracy

For those of us who remember the Chernobyl nuclear disaster, HBO’s recent miniseries of the same name served as a horrifying reminder. Even if you don’t remember the event, I can’t recommend the series enough.

What Is the True Cost of Expanded EEO-1 Reporting?

After several months of uncertainty, we now know that employers will be required to submit Component 2 data (i.e., employee wage and hour data) to the Equal Employment Opportunity Commission (EEOC) by September 30, 2019. Not only that, but they will be required to submit 2017 and 2018 Component 2 data, which means 2 years […]

Supreme Court Poised to Make Its Mark On Employment Law

Halfway through the current administration, it’s unlikely there will be much significant employment legislation passed between now and the next election. With the Democrats controlling the House of Representatives, it doesn’t really matter what laws the president proposes and the Senate passes. There won’t be any consensus on major legislative policy initiatives.