LABOR & EMPLOYMENT
Representation of Employers
Employers face an ever-growing list of federal, state, and local laws, rules, and regulations concerning employment activities. In addition to providing representation to employers in litigated matters, we will advise you on how to avoid costly employment-related litigation. We work closely with human-resources personnel to review employment policies and evaluate the need for updating and revising existing policies. We can also represent you through all aspects of labor management relations, including labor agreement negotiation and labor arbitration. We will help you negotiate the employment law labyrinth, including the following areas:
- Discrimination, retaliation, and harassment
- Wage and hour issues under the Fair Labor Standards Act
- Family and medical leave
- Disability issues
- Employment restrictive covenants, including non-compete, non-solicitation, non-disclosure, and no-hire agreements
- Employee benefit issues
- Charges of discrimination filed with the Equal Employment Opportunity Commission (EEOC) and State agencies
- Employment contracts, employee handbooks, manuals, application forms and employment policies and procedures
Representation of Employees
Employees who have lost their jobs, or who are subjected to unlawful acts of discrimination, retaliation or harassment in the course of employment need immediate legal assistance in order to protect their rights. Losing a job or having to tolerate illegal working conditions is highly stressful. We will work with employees who are experiencing these problems to stop unlawful workplace conduct before it causes additional economic or emotional harm. For those who have already lost a job, we will pursue all remedies to compensate the employee for the losses they have sustained. We have successfully represented employees in the following areas of employment law:
- Discrimination, retaliation and harassment
- Wage and hour issues
- Disability issues
- Employee benefit issues
- Family and Medical Leave
- Employment contracts
- Contracts not to compete or engage in competitive activity
Back to all Practice Areas
EXPERIENCED ATTORNEYS
John M. Lawhorn
Attorney
Donald D. Howell
Attorney
Mary Elizabeth Maddox
Attorney
Richard T. Scrugham, Jr.
Attorney
Related Blogs
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 there indeed are some legal […]
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 that decision, let’s review the […]
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 designed to identify and correct […]
Lessons from Good News – Analyzing Recent Non-Compete Cases
Disappointment often presents us with difficult but valuable learning opportunities. Every now and then, however, we can enjoy some good news and still take in a lesson or two. Last week presented such an opportunity for me when I received court orders dismissing claims against clients in two different lawsuits filed by their former employers. […]
OSHA Fines May Increase by More Than 80% – And No One Heard about It
On November 2 Congress passed and President Obama signed into law a budget agreement that received a substantial amount of media attention (The Bipartisan Budget Act of 2015). What was not so widely reported was an obscure provision within that legislation that authorizes the Occupational Safety and Health Administration (OSHA) to significantly increase its fines […]
Will Protections Against Sex Based Discrimination Be Extended to Sexual Orientation?
Since the United States Supreme Court’s recent rulings resulting in state recognition of same sex marriages, a number of employers have asked me if they should expect an extension of workplace anti-discrimination protections to gay and lesbian employees. There currently are no federal or Tennessee anti-discrimination statutes that expressly reference sexual orientation as a prohibited […]
Must Tennessee Employers Pay Departing Employees For “Accrued” But Unused Leave?
I am from time to time asked by both employers and employees if a Tennessee employer must pay an employee for her “accrued” but unused leave days when she quits or is discharged. There seems to be an assumption by most people who ask the question that if the paid leave days are accrued as […]
AVOIDING THE “READY, FIRE, AIM” APPROACH TO EMPLOYEE DISCIPLINE
I regularly represent both employers and employees in litigation concerning terminations of employees for misconduct or unsatisfactory performance. On occasion, I am also asked to mediate such disputes. After 28 years, you begin to recognize where the “trigger events” leading to lawsuits lurk. There can be no doubt that bad feelings and some litigation are […]
CHECKING EMAILS AND TEXTS AFTER HOURS MAY BE COMPENSABLE TIME
Not too long ago a client manager and I were reviewing workplace policies relating to employee use of the employer’s computer system. Employers often have a number of policies or handbook statements on this topic ranging from protection of the employer’s confidential information, to prohibitions on sexual and other forms of unlawful harassment. To complicate […]