EAST TENNESSEE EMPLOYMENT LAW ADVISER

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

Frantz, McConnell & Seymour | FMS

Further Developments On Extending Title VII Protection To Sexual Orientation Discrimination

In August 2016, I discussed a recent decision of the United States 7th Circuit Court of Appeals which held “that Title VII does not redress sexual orientation discrimination.” As I mentioned in that post, the 7th Circuit’s decision was the first federal appeals court opinion on that subject since the ...
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Frantz, McConnell & Seymour | FMS

Employers Must Use a Revised Version of Form I-9 Starting September 18, 2017

The United States Citizenship and Immigration Services (USCIS) has released a revised version of Form I-9, Employment Eligibility Verification. All employers are expected to use the revised form by September 18, 2017. Failure to use the new form after that date will constitute non-compliance with federal law and may subject ...
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Frantz, McConnell & Seymour | FMS

Must an Employer Allow a Resigning Employee to “Work Out a Notice?”

As an employment lawyer, I tend to focus a substantial part of my time on the consequences that may follow employee terminations that are involuntary. From time to time, however, questions do arise in the context of voluntary resignations. For instance, I am occasionally asked whether an employer must allow ...
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Frantz, McConnell & Seymour | FMS

Federal Appeals Court Holds Title VII Prohibits Sexual Orientation Discrimination

In the last 9 months, I have twice posted on efforts by the Equal Employment Opportunity Commission (EEOC) and a number of private litigants to have federal courts construe federal statutory protections against certain forms of workplace discrimination to include discrimination on the basis of sexual orientation. Title VII of ...
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Frantz, McConnell & Seymour | FMS

Employee Beware: Understand Your Rights Before Signing or Litigating a Non-Competition Agreement or Other Employment Contract

I am regularly asked by employees to review various types of employment contracts, including employee non-competition agreements. More often than not these employees are Tennessee residents who work in a Tennessee-based office (or home office) and whose job duties are typically performed in Tennessee. Despite those factors, the contracts presented ...
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Frantz, McConnell & Seymour | FMS

UPDATE: Texas Federal Court Blocks Implementation of New Overtime Rules

Public and private employers throughout the United States received an early holiday gift from a United States district court in Texas on November 22, 2016. As I have discussed previously in this blog, the United States Department of Labor (DOL) issued new rules earlier this year substantially changing the federal ...
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Frantz, McConnell & Seymour | FMS

Further Developments On Extending Title VII Protection To Sexual Orientation Discrimination

In August 2016, I discussed a recent decision of the United States 7th Circuit Court of Appeals which held “that Title VII does not redress sexual orientation discrimination.” As I mentioned in that post, the 7th Circuit’s decision was the first federal appeals court opinion on that subject since the ...
Read More
Frantz, McConnell & Seymour | FMS

Mandatory Flu Vaccination Policies for Healthcare Workers Are Receiving Court Approval

As fall approaches, many employers are preparing to offer flu vaccinations to their employees. In most work settings, this is a voluntary benefit that employees may choose to accept or not, based on their own personal beliefs regarding such vaccinations. In the healthcare sector and more particularly within hospital settings, ...
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Frantz, McConnell & Seymour | FMS

ARE CHARITABLE NON-PROFIT ORGANIZATIONS SUBJECT TO UPCOMING CHANGES TO FEDERAL WAGE AND HOUR LAWS?

I have posted twice since the beginning of this year [February 18, 2016] and [May 20, 2016] concerning upcoming changes in federal wage and hour laws. The Fair Labor Standards Act (FLSA) guarantees covered workers a minimum hourly wage and overtime pay at a rate of 1.5 times their base ...
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Frantz, McConnell & Seymour | FMS

Federal Appeals Court Refuses to Extend Title VII Protection to Claim of Sexual Orientation Discrimination

In the last year, I have twice posted on the topic of whether federal statutory protections against discrimination on account of “sex” will be extended to claims of sexual orientation discrimination. [10/29/15 and 3/21/16 posts] This topic became a regular subject of discussion among employment law practitioners and their clients ...
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