The U.S. Citizenship and Immigration Services (USCIS) recently announced that it will publish a revised Form I-9 (Employment Eligibility Verification), which is used by employers to verify an employee’s identity and employment authorization.Continue Reading Employers Must Switch to New Version of Form I-9 by October 31, 2023
Supreme Court Increases Employer’s Obligation in Religious Accommodation Requests
The Supreme Court recently ruled that the burden an employer must meet in denying a requested religious accommodation is “substantial” and not merely “de minimis.” Employers will now have a harder time denying religious accommodations. Continue Reading Supreme Court Increases Employer’s Obligation in Religious Accommodation Requests
Sixth Circuit Adopts New Certification Procedure Under the FLSA
The Fair Labor Standards Act (FLSA) provides a process by which an employee or a small group of employees can sue for unpaid wages, often in the form of overtime, and can also claim to be representing all others “similarly situated.” Continue Reading Sixth Circuit Adopts New Certification Procedure Under the FLSA
U.S. Supreme Court Rules That a Highly Compensated Employee Paid on a Daily-Rate Basis is Entitled to Overtime Pay
The U.S. Supreme Court recently ruled that a highly compensated employee who was paid a guaranteed daily rate but not a guaranteed weekly rate was not properly paid “on a salary basis” and, therefore, was not correctly classified as exempt from overtime pay. In other words, an employee who made in excess of $200,000 a year was still owed overtime pay. The decision highlights the importance of employers meeting the “salary basis” test to satisfy what is commonly referred to as the white-collar exemptions from overtime pay.Continue Reading U.S. Supreme Court Rules That a Highly Compensated Employee Paid on a Daily-Rate Basis is Entitled to Overtime Pay
Healthcare Mergers Involving Unionized Workforces
I recently provided insight for a Modern Healthcare article about health system M&A transactions and how these companies navigate merging with unionized workplaces. The article references various regulatory hurdles a company may endure when acquiring or merging with a unionized workforce that may be a deterrent in a potential transaction. However, some argue there are opportunities in this situation.
Continue Reading Healthcare Mergers Involving Unionized Workforces
Appeals Court Rules Transgender Workers May Be Covered by the Americans with Disabilities Act
The Fourth Circuit Court of Appeals recently held the Americans with Disabilities Act (ADA) covers individuals with “gender dysphoria.” According to the American Psychiatric Association, gender dysphoria describes an uncomfortable conflict between a person’s assigned gender and the gender with which the person identifies.
Continue Reading Appeals Court Rules Transgender Workers May Be Covered by the Americans with Disabilities Act
Key FMLA Legal Issues for Employers
I enjoyed attending the recent 2021 Tennessee Society for Human Resource Management (TN SHRM) Conference & Expo last month and was thrilled to host a session titled “FMLA Cases Presenting Cutting Edge Legal Issues: Are You Prepared to Defend Your Organization from Challenge to Your FMLA Administration?”
Following my session, I had the opportunity to
Tennessee Expands (Minimally) Medical Marijuana Law and Establishes Cannabis Commission
Tennessee recently enacted a minimal expansion of its medical marijuana law. The law took effect May 27, 2021, and it slightly enlarges the medical conditions for which persons may possess a very limited amount of tetrahydrocannabinol (THC). Previously, Tennessee law allowed only those diagnosed with intractable seizures or epilepsy to possess a limited amount of medical cannabis oil. The law also creates a commission to study the possibility of future medical marijuana legalization.
The new measure allows individuals who have the following medical conditions to possess CBD oil containing less than 0.9% of THC:
- Alzheimer’s disease.
- Amyotrophic lateral sclerosis (ALS).
- Cancer, when such disease is diagnosed as end-stage or the treatment produces related wasting illness, nausea and vomiting, or pain.
- Inflammatory bowel disease, including Crohn’s disease and ulcerative colitis.
- Epilepsy or seizures.
- Multiple sclerosis.
- Parkinson’s disease.
- Human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS).
- Sickle cell disease.
Labor & Employment Law Update: Recent Developments for Employers
Join us for a virtual seminar in which Bass, Berry & Sims labor & employment attorneys will address a broad range of recent employment law developments and anticipated issues significant to employers and provide practical guidance for understanding the associated impacts and legal challenges.
Topics covered during the webinar will include:
- Return to work update
Students May Unionize After All: NLRB Withdraws Proposed Rule
The National Labor Relations Board (NLRB or Board) recently announced it was changing course on whether students should be considered employees and therefore can unionize. This change of course returns to previous Board precedent from case law that graduate students, and perhaps any students employed for pay, can be considered employees. This change of course