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Basing Hiring Decisions on an Applicant’s Workers Compensation History

by John Lawhorn | Aug 27, 2015 | EAST TENNESSEE EMPLOYMENT LAW ADVISER, EMPLOYMENT LAW

The Tennessee Supreme Court very recently issued a decision addressing whether an employer that refuses to hire a job applicant because of her past workers’ compensation claims with another employer violates the Tennessee workers compensation statutes and can be sued...

WHO OWES WHAT TO WHOM? – WHEN AN EMPLOYEE UNDER CONTRACT LEAVES EARLY

by John Lawhorn | Aug 17, 2015 | EAST TENNESSEE EMPLOYMENT LAW ADVISER, EMPLOYMENT LAW

Most private sector employees in Tennessee are classified as “employees at will.” That means the employment relationship can be terminated by either the employer or employee at any time, without notice and for any reason that is not illegal or against public policy...

The US Department of Labor Provides More Warning of Crackdown on Worker Misclassification

by John Lawhorn | Aug 7, 2015 | EAST TENNESSEE EMPLOYMENT LAW ADVISER, EMPLOYMENT LAW

Earlier this year I posted regarding an expanding collaboration between various state and federal agencies to combat misclassification of employees as independent contractors. This effort is being spearheaded by the US Department of Labor, which reports receiving...

OSHA Announces New Enforcement Emphasis on Healthcare Industry

by John Lawhorn | Jul 24, 2015 | EAST TENNESSEE EMPLOYMENT LAW ADVISER, EMPLOYMENT LAW

On June 25, 2015 the Occupational Safety and Health Administration (OSHA) issued a memorandum to its regional and state enforcement offices announcing a new inspection emphasis for inpatient healthcare providers such as hospitals and residential care facilities. The...

Employment Considerations from US Supreme Court Ruling on Same Sex Marriage

by John Lawhorn | Jul 6, 2015 | EAST TENNESSEE EMPLOYMENT LAW ADVISER, EMPLOYMENT LAW

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...

Employee Non-Competition Agreements Part 3: You Mean They Can Stop Me from Working?

by John Lawhorn | Jun 30, 2015 | EAST TENNESSEE EMPLOYMENT LAW ADVISER, EMPLOYMENT LAW

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. Unfortunately for many of them,...
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