Bass, Berry & Sims invites you to a complimentary seminar focusing on trending areas of labor & employment law.

Topics will include:

  • FMLA/ADA Considerations for Leaves of Absence: A practical, scenario-based discussion regarding extended leaves of absence and how they are regulated by application of the FMLA and the ADA, including a detailed discussion of the EEOC’s position with respect to extended leave as a reasonable accommodation.
  • Preventing and Addressing Workplace Violence: A comprehensive discussion of workplace violence, including strategies for preventing and properly addressing acts of violence in the workplace.
  • An Employers Approach to Reducing Harassment: Questions employers should ask as they strive to reduce harassment in the workplace and cultivate a healthy working environment.

EVENT DETAILS:

Continue Reading EVENT: Labor and Employment Law Update – August 28

The recent Sixth Circuit opinion in Hostettler v. The College of Wooster, No. 17-3406 (6th Cir. July 17, 2018), is a cautionary tale for employers faced with a full-time employee seeking a modified work schedule as an accommodation for a disability under the Americans with Disabilities Act (ADA).

An HR Generalist for the College, Hostettler was unable to return to work full time after the conclusion of her 12 weeks of maternity leave because of postpartum depression and separation anxiety.  The district court granted summary judgment to the College, finding that full-time work was an essential function of the position and that Hostettler was not a qualified individual under the ADA because she could not perform that essential function.

Continue Reading Is a Reduced Work Schedule for a Full-Time Employee a Reasonable Accommodation?

In an article published in the Nashville Business Journal’s Largest Employers special report on July 6, 2018, Tim Garrett provided a column highlighting three important questions for employers to ask as they strive to reduce harassment in the workplace and cultivate a healthy workplace environment. The effectiveness of an anti-harassment policy often comes down to employee perception of how the policy is enforced, trained and embraced by leadership, so it is important that employers are mindful of the answers to these questions:

Continue Reading How to Reduce Harassment in the Workplace

Bass, Berry & Sims attorney Bob Horton authored an article for Modern Restaurant Management magazine outlining the Supreme Court’s recent decision impacting the future of class action waivers in arbitration agreements. In May 2018 the Supreme Court issued a decision in three consolidate cases NLRB v. Murphy Oil USA Inc.Epic Systems Corp. v. Lewis, and Ernst & Young LLP v. Morris ruling that “an employer may require an employee, as a condition of employment, to enter into an arbitration agreement in which the employee agrees to waive the right to bring a class or collective action.”

Continue Reading The Future of Class Action Waivers in Arbitration Agreements

Bass, Berry & Sims attorney Dustin Carlton discussed the tension that exists between state and federal laws regarding medical marijuana use in the workplace. While marijuana remains a controlled substance under federal law and currently illegal to use, many states have legalized the drug for medical and even recreational use. Many employers are faced with remaining compliant with these opposing laws. Dustin recommends employers review any current zero-tolerance policies in light of new state laws, “If you are a multi-state employer, you need to assume you need to make some modifications to tailor to each individual state, or make concessions in terms of past practices.”

Continue Reading Tension between State and Federal Laws Regarding Medical Marijuana Use in Workplace

Bass, Berry & Sims attorney Doug Dahl outlined the key considerations, important steps and issues of concern when buying a company that is employee-owned, or at least partially employee-owned, by an Employee Stock Ownership Plan (ESOP), including:

  1. The nature of an ESOP: In an ESOP, employees have retirement accounts invested primarily in their employer’s stock, rather than having accounts invested in an array of securities and mutual funds. The trustee of the ESOP – who represents ESOP participants as the beneficial owners of the company stock – is entitled to participate in the sale or transaction like other shareholders would. Most importantly, anytime an ESOP is involved in the acquisition or sale of company stock, the transaction must be for “adequate consideration,” and the trustee’s decision to buy or sell must be in the financial best interest of the ESOP participants.
    Continue Reading Key Considerations When Buying a Company with an ESOP

Tim Garrett provided insight on background check best practices as employers seek ways to balance the need to validate applicants’ background and experience with compliance and privacy issues, particularly amid a surge of legislation, litigation and public scrutiny.

Continue Reading Best Practices for Background Check Compliance

Bass, Berry & Sims and HR Professionals Magazine invite you to join us for a complimentary seminar focused on addressing, reducing and preventing sexual harassment claims in the workplace.

  • Harassment Law Refresher: A high-level review of harassment law.
  • Conducting Effective Internal Investigations: A discussion of best practices for conducting internal investigations into harassment claims.
  • The “Company Culture” Issue – How to Reduce Harassment in the Workplace: Strategies for reducing harassment in the workplace and developing a safe culture.

EVENT DETAILS:

Continue Reading EVENT: Labor and Employment Law Update: Sexual Harassment in the Workplace

In January 2018, the U.S. Department of Labor (DOL) announced that final regulations affecting how some ERISA plans process claims and appeals will apply beginning April 1, 2018.  As explained below, the final regulations require that plans, plan fiduciaries, and insurance providers comply with additional procedural requirements when deciding claims involving disability determinations, which can impact a variety of different types of plans, including pension and non-qualified plans. The final regulations were initially released in December 2016, but had been delayed several times.

Continue Reading Action Needed by Certain ERISA Plans – New Disability Claims Procedures Apply Beginning April 2018

With the end of the year rapidly approaching, employers should ensure compliance with the Occupational Safety and Health Administration’s (OSHA) new electronic reporting requirements for injury and illness data. The deadline for compliance was December 15, 2017, but OSHA’s website states that they will be accepting submissions of Form 300A through December 31, 2017.

What is the purpose of the new OSHA reporting rule?

According to OSHA, “making injury information publicly available will ‘nudge’ employers to focus on safety.” OSHA will post the establishment-specific injury and illness data it collects under this recordkeeping rule on its public website (after removing personally identifiable information).

The final rule also prohibits retaliation against any employees for reporting injuries or illnesses and requires that employers notify employees of their right to report work-related injuries and illnesses free from retaliation.

Continue Reading OSHA Reporting Deadline Quickly Approaching on December 31 – Here’s What You Need to Know