Most Employers Should Consider Having an OSHA Safety Consultant

by John Lawhorn | Apr 25, 2016 | EAST TENNESSEE EMPLOYMENT LAW ADVISER, EMPLOYMENT LAW

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...

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

by John Lawhorn | Mar 21, 2016 | EAST TENNESSEE EMPLOYMENT LAW ADVISER, EMPLOYMENT LAW

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...

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

by John Lawhorn | Feb 18, 2016 | EAST TENNESSEE EMPLOYMENT LAW ADVISER, EMPLOYMENT LAW

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...

Employment Law Considerations for Inclement Weather Days

by John Lawhorn | Feb 9, 2016 | EAST TENNESSEE EMPLOYMENT LAW ADVISER, EMPLOYMENT LAW

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...

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

by John Lawhorn | Jan 8, 2016 | EAST TENNESSEE EMPLOYMENT LAW ADVISER, EMPLOYMENT 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...

OSHA ADDRESSES WORKPLACE VIOLENCE IN THE HEALTHCARE SECTOR

by John Lawhorn | Dec 16, 2015 | EAST TENNESSEE EMPLOYMENT LAW ADVISER, EMPLOYMENT LAW

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...