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Tim Garrett helps employers solve complex issues related to all aspects of labor and employment law, providing in depth counseling and developing creative solutions to underlying business issues. He is an experienced trial lawyer, defending employers of all sizes in employment litigation claims across the country. His work has ranged from defending a major university during a significant wage and hour collective action involving thousands of employees to the successful defense of a major healthcare provider in a gender discrimination / retaliation case. In addition, Tim has served as nationwide labor and employment counsel for the largest nonprofit dialysis company in the U.S.

On April 1, the Occupational Safety and Health Administration (OSHA) published its Worker Walkaround Representative Designation Process Rule, which is set to take effect 30 days after its publication in the Federal Register on May 31, 2024. The new rule broadens workers’ rights to choose who represents them during safety inspections, overwriting an old standard that required the representative to be a fellow employee and opening the door for outside representatives such as those from unions.Continue Reading Can a Non-Employee Join a Safety Inspection? Yes, Under OSHA’s New Worker Walkaround Rule a Non-Employee Can Serve As an Employee Representative During Safety Inspections

I was quoted in a recent article published by Society for Human Resource Management (SHRM) exploring ways employers react to employees rescinding their resignation. In some cases, employers might allow the employee to stay, but I offered insight on the legal considerations when making this decision.Continue Reading Ways Employers Can React to Employees Rescinding a Resignation

NOTE: This post was originally written October 31, 2023, and was updated on December 12, 2023.

The National Labor Relations Board (NLRB) recently issued a final rule setting forth a new standard for joint-employer status under the National Labor Relations Act (NLRA). The new rule, the NLRB recently voted to delay by 2 months and is now set to go into effect on February 26, 2024, drastically broadens the scope of who can be considered a joint employer under the NLRA.Continue Reading NLRB Issues New Rule Broadening Joint-Employer Status

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

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

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

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

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

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

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