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In Our Judgement: In Law & In Life

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In Our Judgment

The official Frantz, McConnell, and Seymour, LLP blog.

Providing insight on developments in labor and employment law affecting East Tennessee employers and employees.

U.S. Department of Labor Issues Final Rule Implementing Changes to Overtime Laws

U.S. Department of Labor Issues Final Rule Implementing Changes to Overtime Laws

In a February 2016 blog post, I discussed an anticipated major change in the criteria for determining who can be exempt from payment of overtime wages. 

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Many States and Now the Federal Government Are Questioning Use of Overreaching Non-Compete Agreements

Many States and Now the Federal Government Are Questioning Use of Overreaching Non-Compete Agreements

It seems that the use, or more specifically, the over use and abuse of employee non-compete agreements is now in the crosshairs of several state legislatures and the federal government.

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Most Employers Should Consider Having an OSHA Safety Consultant

Most Employers Should Consider Having an OSHA Safety Consultant

The reach of the Occupational Safety and Health Administration (OSHA) extends literally into every work place. 

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EEOC Files Its First Lawsuits to Extend Title VII Coverage to LGBT Employees Who Claim Discrimination Due to Sexual Orientation

EEOC Files Its First Lawsuits to Extend Title VII Coverage to LGBT Employees Who Claim Discrimination Due to Sexual Orientation

In an October 2015 post, I discussed whether the federal statute that prohibits discrimination on account of “sex” may be extended to protect employees who suffer discrimination or harassment due to their sexual orientation.  Will Protections Against Sex Based Discrimination Be Extended to Sexual Orientation?  There currently are no federal or Tennessee anti-discrimination statutes that expressly address sexual orientation as a prohibited basis for workplace discrimination or harassment. There also is very little likelihood of new legislation being enacted for that purpose either by the Tennessee legislature or United States Congress (at least as presently constituted). Consequently, a number of litigants, including the United States Equal Employment Opportunity Commission (EEOC), are asking the federal courts to extend the definition of discrimination on account of “sex” within Title VII of the Civil Rights Act of 1964 to include workplace discrimination on account of sexual orientation. As I previously discussed, a number of federal appeals courts have in the past refused to extend the definition of “sex” beyond gender based considerations. Those decisions, however, pre-date the recent judicial victories achieved by the LGBT community on issues such as same sex marriage. Consequently, these litigants are hopeful that federal courts might be willing to undertake a fresh analysis of the issue given the significant gains achieved by the LGBT community in other areas of the law.

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Major Change in Criteria for Determining Who Can Be an Overtime Exempt Employee Expected This Year

Major Change in Criteria for Determining Who Can Be an Overtime Exempt Employee Expected This Year

The Fair Labor Standards Act (FLSA) was enacted in 1938 for the primary purposes of guaranteeing workers a minimum hourly wage and overtime pay at a rate of 1.5 times their base hourly rate of pay for hours worked in excess of 40 in a work week.

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