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.



Earlier this year I commented upon a new enforcement emphasis by OSHA in the healthcare industry.  At that time, OSHA issued a memorandum to its regional and state enforcement offices announcing a new inspection emphasis for inpatient healthcare providers, including hospitals and residential care facilities.  The new inspection regime was designed to identify and correct causes of musculoskeletal injuries, slips, trips and falls, as well as workplace violence.

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Lessons from Good News - Analyzing Recent Non-Compete Cases

Disappointment often presents us with difficult but valuable learning opportunities. Every now and then, however, we can enjoy some good news and still take in a lesson or two.

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OSHA Fines May Increase by More Than 80% - And No One Heard about It

On November 2 Congress passed and President Obama signed into law a budget agreement that received a substantial amount of media attention (The Bipartisan Budget Act of 2015). What was not so widely reported was an obscure provision within that legislation that authorizes the Occupational Safety and Health Administration (OSHA) to significantly increase its fines for the first time since 1990.

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Will Protections Against Sex Based Discrimination Be Extended to Sexual Orientation?


Since the United States Supreme Court's recent rulings resulting in state recognition of same sex marriages, a number of employers have asked me if they should expect an extension of workplace anti-discrimination protections to gay and lesbian employees.

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Must Tennessee Employers Pay Departing Employees For "Accrued" But Unused Leave?

I am from time to time asked by both employers and employees if a Tennessee employer must pay an employee for her "accrued" but unused leave days when she quits or is discharged. There seems to be an assumption by most people who ask the question that if the paid leave days are accrued as opposed to advanced, the employee must be paid for them. Surprisingly, the answer to the question is not what most people expect.

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