
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
Mary Elizabeth Maddox
Attorney
Richard T. Scrugham, Jr.
Attorney
Jamey M. Minnihan
Attorney
Related Blogs
The US Department of Labor Provides More Warning of Crackdown on Worker Misclassification
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 numerous complaints of misclassification for the purposes of avoiding minimum wage and overtime compensation requirements, unemployment insurance and […]
OSHA Announces New Enforcement Emphasis on Healthcare Industry
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 impetus for this initiative is the significantly higher rates of workplace injuries in these employment settings attributable […]
Employment Considerations from US Supreme Court Ruling on Same Sex Marriage
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 particularly true for employers in states such as Tennessee where no prior lower federal court […]
Employee Non-Competition Agreements Part 3: You Mean They Can Stop Me from Working?
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, they were not familiar with and sometimes even aware of the noncompete terms before leaving their […]
Employee Non-Competition Agreements Part 2: The Employer’s Perspective
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 agreement (“non-compete”). The threshold test, however, is whether the employer has a legitimate “protectable interest” that will be damaged […]
Employee Non-Competition Agreements Part 1: The Basics
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 following a key employee’s departure and the factors Tennessee courts analyze when asked to enforce non-competes. Future posts will discuss non-competition […]
Beware of Payroll Offsets in Tennessee
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 from an employee’s final paycheck amounts previously advanced for vacation or sick […]
Are Employees Who Travel Away from Home Overnight Entitled to Travel Time Pay?
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 certain forms of travel can make the job of a […]
Your Employee Handbook and Work Rules Probably Violate Federal 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, the NLRB has jurisdiction over all private sector employers without […]