Searching Content indexed under Employment and HR by Butler Snow LLP ordered by Published Date Descending.
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Courts Find That Memphis And Nashville Workers Were Unlawfully Fired For Racially-Charged Facebook Postings
Unlike employees in private companies, government workers have much better job protection when it comes to speaking their mind about politics or other matters of public concern.
United States
14 Oct 2019
The Minimum Salary Levels For White Collar Employees Increases To $35k On January 1, 2020
The United States Department of Labor ("DOL") issued a final rule on September 24, 2019, that raises the minimum salary threshold to $684 per week ($35,568 annually)
United States
3 Oct 2019
Chicken Fingers And Cat's Paws: 6th Circuit Reinstates Fired Employee's Userra Claims
Under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), employers are prohibited from taking adverse employment actions
United States
2 Oct 2019
‘Go Back to Where You Came From': Employer Liability When Workers Say Xenophobic Things
President Donald Trump's recent Tweet suggesting that four Democratic congresswomen should "go back and help fix the totally broken and crime infested places from which they came"...
United States
20 Sep 2019
Background Check Best Practices After 5th Circ. EEOC Ruling
For the last seven years, employers have cautiously approached consideration of applicants' criminal conviction records due to guidance issued by the U.S. Equal Employment Opportunity Commission
United States
13 Sep 2019
All Present And Accounted For? If Not, You May Want To Rethink Your Attendance Policy
Employee attendance problems are probably the most common reason for disciplinary action and discharge. Yet many employers pay surprisingly little attention to their attendance policies
United States
28 Aug 2019
Nashville Trump Supporter Fired Over Facebook Post Wins Trial
Government employees enjoy more protection than employees of private-sector companies when it comes to speaking their minds about politics or other matters of public concern outside the workplace.
United States
28 Aug 2019
EEOC Lacked Authority To Issue Guidance Related To The Consideration Of Arrest And Conviction Records
On August 6, 2019, the Fifth Circuit Court of Appeals ruled that the Equal Employment Opportunity Commission ("EEOC") "overstepped its statutory authority"
United States
12 Aug 2019
Take This Job And Shove It – Alabama Supreme Court Elaborates On "Voluntarily" Leaving Employment
If you quit your job because of a hostile work environment, is it still "voluntary"? According to the Alabama Supreme Court's July 12, 2019 opinion in Arnold v. Hyundai Manuf. Ala., LLC, it is
United States
31 Jul 2019
6th Circuit Confirms ‘Fair Reading' Standard For All Overtime Exemptions
Ensuring correct employee classification for purposes of compliance with wage and hour laws is one of the most daunting challenges employers face. Classification criteria
United States
26 Jul 2019
TN Appeals Court Reinstates Hostile Work Environment And Whistleblower Claims
An individual may file a claim under Tennessee's "whistleblower statute"—the Tennessee Public Protection Act (TPPA)—if she was fired solely for reporting or refusing to participate in illegal activity.
United States
15 Jul 2019
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
United States
9 Jul 2019
Middle Tennessee Hospital Pays For Firing Employee Who Refused Flu Shot
In April 2019, the Equal Employment Opportunity Commission (EEOC) entered into a settlement with Saint Thomas Health (the world's largest Catholic health system),
United States
21 Jun 2019
The Supreme Court Concludes That Title VII's Charge Filing Requirement Is Not Jurisdictional
On June 3, 2019, the U.S. Supreme Court concluded that the requirement set forth in Title VII to the Civil Rights Act of 1964 that a plaintiff must first exhaust her administrative
United States
18 Jun 2019
DOL Proposes Changes To Joint Employer Rule
On April 1, 2019, the U.S. Department of Labor (DOL) gave notice of a proposed update to the regulations defining when two or more legally separate business entities may be considered "joint employers"
United States
5 Jun 2019
6th Circuit Says Insurance Agents Correctly Classified As Independent Contractors
Independent contractor classification remains a hot topic for employers that don't directly employ their workforce
United States
5 Jun 2019
Tennessee Bullying Immunity Law Expanded To Private Employers
Private employers in Tennessee will want to take note of a recent expansion of existing law, promising legal immunity for employers that adopt antibullying policies.
United States
4 Jun 2019
Off-Duty Police Officers Are Employees, Not Independent Contractors
A recent case from the U.S. Court of Appeals for the 6th Circuit (whose rulings apply to Tennessee employers) ...
United States
28 May 2019
EEOC Determines That EEO-1 Filers Must Submit Pay Data For 2017 And 2018
The EEOC released a "Notice of Reinstatement of Revised EEO-1: Pay Data Collection for Calendar Years 2017 and 2018."
United States
27 May 2019
EEO Pay Data Update
According to a federal court, employers subject to EEO-1 reporting requirements must submit the detailed pay data
United States
15 May 2019
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