Tag: Tennessee

6th Circuit Amends Damages Award in Fired Undocumented Worker Case

An employer can’t be held liable for back pay for a state law retaliation claim during a period when the former employee lacked lawful immigration status to work in the United States, the 6th Circuit (which covers Kentucky and Tennessee employers) recently ruled. The appellate court affirmed, however, the employer could be found liable for […]

Coaching reVOL-UTion: Schiano, Currie, and what school’s lawyers are analyzing right now

The Tennessee coaching search has produced high drama over the past two weeks. For Vol fans like myself, it has felt at times like absolute torture and at other times like just a little bit of torture. “Vol-nation” was in better spirits after the hiring of Phillip Fulmer as Athletic Director was announced, and many are pleased with […]

New Tennessee law ‘bans the box’ for state government jobs

Tennessee has joined the list of states passing some form of “ban the box” legislation with the passage of Senate Bill 2440. Governor Bill Haslam signed the measure on April 14. Many states, counties, and cities across the country have joined the ban-the-box movement by prohibiting job applications that require applicants to check a box […]

Tennessee’s “guns in trunks” law takes effect July 1

by Kara E. Shea The Tennessee law giving handgun carry permit holders the right to transport and store firearms and/or ammunition in their vehicles parked in an employer’s parking lot goes into effect July 1. With the enforcement deadline at hand, employers understandably want to know whether they need to alter current “no weapons” policies […]

TN Governor Signs Bill on State and Local Antidiscrimination Standards

Late Monday, Tennessee Governor Bill Haslam signed into law House Bill (HB) 600, which prohibits Tennessee’s local governments from imposing on employers any antidiscrimination practices or standards that vary from those in state law. Named the Equal Access to Interstate Commerce Act, the new law makes null and void any “practice, standard, definition, or provision” […]

Random Thoughts on FLSA Administrative Exemption

by Kara E. Shea I’ve been working with several clients lately on Fair Labor Standards Act (FLSA) compliance issues — specifically, on exemption classification audits. During an audit, I review all the jobs an employer has deemed exempt from overtime under the FLSA and try to decide whether the positions have been correctly classified. It’s […]

Nashville Council Passes Antidiscrimination Ordinance

Nashville has joined more than 100 other localities across the nation that prohibit firms and contractors conducting business with the city from discriminating against employees on the basis of sexual orientation or gender identity. Similar protections were granted to city employees in 2009, and Metro Council members voted 21-15 on Tuesday night to extend the […]

Tennessee: Delegation More Employer-Friendly

by John B. Phillips, Jr. Tuesday’s election continues Tennessee’s move toward a solid-red Republican state: In the governor’s race, Republican Bill Haslam won with an overwhelming majority, replacing two-term Democrat Phil Bredesen, who was prohibited from running for a third term. It also appears that Tennessee Republicans will make gains in both houses of the […]

Individual Liability for Wage and Hour Claims

by Kara E. Shea I recently participated in hosting a Wage and Hour Virtual Summit webinar. Wage and hour compliance — overtime, work-time issues, exempt status — is always a lively topic and typically results in lots of questions and feedback. This time around, most of the feedback surrounded remarks I made about individual liability […]

Federal Inactivity Continues to Spark State Immigration Action

A federal judge blocked parts of Arizona’s new immigration law on Wednesday, the day before the rest of the measure went into effect. But legal challenges are already flying and many are waiting to see what happens next. Last year, a record number of immigration-related laws were considered and passed in the 50 states. Over […]