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In Our Judgement: In Law & In Life

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In Our Judgment

The official Frantz, McConnell, and Seymour, LLP blog.

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

Large Employers Should Be Aware of Significant Developments Impacting EEO-1 Reporting Deadlines

Large Employers Should Be Aware of Significant Developments Impacting EEO-1 Reporting Deadlines
Private sector employers with at least 100 employees, and federal contractors with at least 50 employees should be well aware of the federal law requirement that they file an annual EEO-1 Report with the Equal Employment Opportunity Commission (EEOC) setting out certain demographic data regarding its employees.  The EEO-1 reporting requirement has been in place since 1967.   The EEOC is authorized to require reporting of employee data under Title VII of the Civil Rights Act of 1964 and federal regulations implementing that statute.  The operative EEOC regulations addressing the various reporting requirements are found at 27 CFR 1602.7 through 1602.14.  The nature and number of forms to be submitted vary based on how many office locations the employer maintains and the number of persons employed at each location.
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Take Two on Overtime Rule/Changes

Take Two on Overtime Rule/Changes
We are now approaching the 3rd anniversary of the United States Department of Labor’s (DOL) efforts to raise the minimum salary of those workers who can be deemed “exempt” from federal law overtime requirements.  Under current federal law, in order to be exempt from overtime requirements, an employee (1) has to perform executive, administrative, or professional duties (the “duties test”); (2) has to be paid a set weekly salary that does not change based upon the number of hours worked (the “salary level test”); and, (3) has to be paid at least $455.00 per week ($23,660.00 annually).  This last criteria is referred to as the “minimum salary test.”  The minimum salary test is the subject of the ongoing effort to change current law.  Despite the protracted debate, most everyone agrees an annual salary of $23,660.00 is too low a threshold and that it needs to be raised. 
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The Growing Danger in Using Prior Income to Perpetuate Wage Distinctions

The Growing Danger in Using Prior Income to Perpetuate Wage Distinctions

  Many of us have been in a job interview on one side of the table or the other during which this very common question is asked - “what are you currently making?”  There is now, however, a growing movement questioning the legitimacy of inquiries regarding an applicant’s prior wages for the purpose of setting her rate of pay if she is hired. This includes an expanding body of judicial opinion holding that asking an applicant about her prior wages to set the amount of her pay once hired violates federal and state laws respecting equal pay.

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When Friend Requests on Social Media Aren’t So Friendly

When Friend Requests on Social Media Aren’t So Friendly

More businesses are requiring their employees who regularly work with customers or who possess certain types of sensitive information to sign some form of contract restricting the employee’s ability to engage in competitive activity once the employment terminates.

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Federal Appeals Court Rejects Extended Unpaid Leave as Reasonable Accommodation for a Disability

Federal Appeals Court Rejects Extended Unpaid Leave as Reasonable Accommodation for a Disability

One of the most difficult recurring problems for employment lawyers is the employee who requests an extended unpaid medical leave with the expectation that she be able to return to work when medically cleared months later. The common fact pattern involves an employer subject to the Family and Medical Leave Act (FMLA) being informed that an employee who is about to exhaust her 12 weeks FMLA leave still is not able to return to work due to a medical condition. The FMLA only guarantees to employees a maximum of 12 weeks unpaid leave within a 12 month period. It does not require an employer to extend that leave, nor does it penalize the employer for terminating an employee who is unable to return to work after exhaustion of FMLA leave.

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