The United States Supreme Court's recent decision in Obergefell v Hodges striking down state law prohibitions of same sex marriage and requiring states to recognize such marriages from other states will have some immediate impact in the workplace. That is particularly true for employers in states such as Tennessee where no prior lower federal court decision invalidated Tennessee's constitutional ban on same sex marriages.
In Our Judgment
Providing insight on developments in labor and employment law affecting East Tennessee employers and employees.
My final post in this 3 part series addresses non-competes from the employee's perspective. I am regularly retained to review noncompetition agreements (“noncompetes”) by employees who were fired or resigned to accept another job.
In my last post I discussed the differences between the various types of employment agreements designed to restrict an employee's post-employment activities and identified the factors Tennessee courts analyze when determining whether to enforce a non-competition agreement (“non-compete”).
This post is the first of a multi-part series discussing employee non-competition agreements ("non-competes"). This installment describes the different forms of contractual limitations employers often use in an effort to protect their business interests following a key employee's departure and the factors Tennessee courts analyze when asked to enforce non-competes. Future posts will discuss non-competition agreements from both the employer and employee's perspective and some of the unique aspects of physician non-competes.
I am often asked by employers if they can deduct from an employee's paycheck money owed the employer for payroll advances, personal loans or for lost or damaged company property issued to the employee. Another common question is whether an employer may deduct from an employee's final paycheck amounts previously advanced for vacation or sick leave that was not yet earned. Until recently, the answer to these questions was determined exclusively under federal wage and hour laws. In most instances, the very simple answer was as long as the amount of the wage payment after offset netted the employee an hourly wage in excess of the minimum hourly wage, the deduction was permissible.