EAST TENNESSEE EMPLOYMENT LAW ADVISER

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

Frantz, McConnell & Seymour | FMS

WAGE GARNISHMENTS FOR TENNESSEE EMPLOYERS JUST BECAME MORE COMPLICATED

In April 2016 Governor Haslam signed a bill that became effective September 1, 2016, which will likely increase the number of wage garnishments with which many Tennessee employers will have to contend. This is particularly true for employers that make regular use of independent contractor workers. A wage garnishment is ...
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Frantz, McConnell & Seymour | FMS

TENNESSEE EMPLOYERS WITH 50 OR MORE EMPLOYEES MUST USE E-VERIFY SYSTEM BY JANUARY 1, 2017

Before 2011, Tennessee employers only had to worry about federal immigration law requirements for verifying employee eligibility to work. Beginning in 1986, employers were required by federal law to have all newly hired employees complete a Form I-9 and provide one of several possible documents to prove U.S. citizenship or ...
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Frantz, McConnell & Seymour | FMS

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. The Fair Labor Standards Act (FLSA) guarantees payment of overtime wages at a rate of 1.5 times the base hourly rate of pay for ...
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Frantz, McConnell & Seymour | FMS

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. Over the past few years some states have enacted statutes limiting such agreements and banning them outright in some industries ...
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Frantz, McConnell & Seymour | FMS

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. Clearly, employers in the construction, manufacturing and healthcare industries, as well as those whose employees work with or around machinery and toxic chemicals must consciously address OSHA compliance on a daily basis. Many employers ...
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Frantz, McConnell & Seymour | FMS

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 ...
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Frantz, McConnell & Seymour | FMS

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. Certain types of ...
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Frantz, McConnell & Seymour | FMS

Employment Law Considerations for Inclement Weather Days

Winter finally arrived in Tennessee following repeated record high temperatures throughout December and the first few days of January. Once cold weather and the first instances of winter precipitation arrive, employers will often ask me if there are any employment law considerations to inclement weather and inclement weather policies. While ...
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Frantz, McConnell & Seymour | FMS

The Basics of Pay for Employee Break Periods Under Tennessee and Federal Law

The laws addressing compensation for employee breaks are not that difficult to understand and properly apply. As one recent court decision reminded me, however, some employers unfortunately choose either not to learn those rules, or to simply ignore them until the United States Department of Labor becomes involved. Before discussing ...
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Frantz, McConnell & Seymour | FMS

OSHA ADDRESSES WORKPLACE VIOLENCE IN THE HEALTHCARE SECTOR

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 ...
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