Employee Non-Competition Agreements Part 2: The Employer’s Perspective

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

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...

Employee Non-Competition Agreements Part 1: The Basics

by John Lawhorn | May 21, 2015 | EAST TENNESSEE EMPLOYMENT LAW ADVISER, EMPLOYMENT LAW

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...

Beware of Payroll Offsets in Tennessee

by John Lawhorn | May 13, 2015 | EAST TENNESSEE EMPLOYMENT LAW ADVISER, EMPLOYMENT LAW

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...

Are Employees Who Travel Away from Home Overnight Entitled to Travel Time Pay?

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

I was recently asked by a client to explain federal wage and hour regulations addressing work travel by non-exempt employees (employees who are paid based on an hourly wage rate and entitled to overtime pay). In the course of this exercise, I quickly remembered how...

Your Employee Handbook and Work Rules Probably Violate Federal Law

by John Lawhorn | Apr 21, 2015 | EAST TENNESSEE EMPLOYMENT LAW ADVISER, EMPLOYMENT LAW

Most employers and their legal counsel pay little attention to the actions of the National Labor Relation Board (NLRB). They assume that the NLRB only concerns itself with employers whose employees are members of a union. In many instances that is correct but in fact,...

UPDATE ON RECENT NEWS: Federal Court in Texas Delays Implementation of New Definition of Spouse Under the FMLA in 4 States

by John Lawhorn | Apr 2, 2015 | EAST TENNESSEE EMPLOYMENT LAW ADVISER, EMPLOYMENT LAW

Several weeks ago I reported on the United States Department of Labor’s final rule amending the definition of “spouse” under the FMLA to specifically include spouses in same sex marriages; even for employees working in states that do not currently...