The United Auto Workers (UAW) is celebrating a rare win among Southern auto plants, after a small unit of maintenance workers at the Volkswagen plant in Chattanooga, Tennessee voted to unionize. The unit makes up only 12% of the 1,400 production and maintenance workers, and they voted 108-44 in favor of the UAW. VW is
Arbitration Provision in Employee Handbook Not Enforceable
Employers should not rely on handbook provisions to create enforceable obligations on employees. The employers who do so took another loss recently. In Lorenzo v. Prime Commc’ns, LP, 2015 BL 386874, 4th Cir., No. 14-1622, 11/24/15, the federal Fourth Circuit Court of Appeals ruled that an arbitration provision, contained in an employee handbook, was not enforceable. The provision, said the Court, did not require an employee to take her wage and hour claims to arbitration. Rather, the employee was free to pursue those claims – including a collective action – in federal court.Continue Reading Arbitration Provision in Employee Handbook Not Enforceable
Workplace Impact From Same-Sex Marriage Ruling
Bass, Berry & Sims attorney Tim Garrett authored an article published in the National Law Journal providing guidance on the recent same-sex marriage ruling in Obergefell v. Hodges, and how the decision has caused many employers to reevaluate their benefit structures. Since the ruling, employers are faced with added pressure to provide retroactive coverage
Recent developments create unexpected — and perhaps unintended — consequences
Bass, Berry & Sims attorney Tim Garrett analyzes the implications of the U.S. Supreme Court’s decision in Obergefell v. Hodges and its effect on workplace issues. In June 2015, the Supreme Court ruled that the right to marry is a fundamental right guaranteed under the U.S. Constitution, regardless of the gender of the intended spouse.
Court Ruling Finds One-time Harassment Can Constitute a Hostile Work Environment
Case analysis from Bass, Berry & Sims attorney Tim Garrett was included in an article outlining the impact of the Sixth Circuit’s Ault v. Oberlin College decision. In this case, the Court ruled that a one-time harassment event can be the basis for a hostile work environment. According to Tim’s analysis, “employers should prudently investigate
Is Your Workplace the New Battleground for the Culture Wars?
Bass, Berry & Sims attorney Tim Garrett authored an article detailing how employers can navigate the changing cultural landscape in a way that balances the differing needs and rights of various “constituencies.” As Tim points out, while the “workforce continues to grow and diversify , it would appear that the workplace has become the frontline
Healthcare HR – New Developments Lead to New Challenges
Bass, Berry & Sims attorney Tim Garrett authored an article outlining several new labor rulings and developments and explained how these issues impact the healthcare industry. Specifically, Tim highlights cases related to pregnancy accommodation, religious discrimination and accommodations, and union activity. Should an employment situation arise, Tim recommends “engaging employees in an ‘interactive process’ to
Can Employer Require Impaired Employee to Take Medication?
The EEOC says no. In a recent case, the EEOC filed suit against a paper company in Michigan over this issue. The employee had a seizure at work and was diagnosed with epilepsy. After a period of leave, the employee was released to return to work by his physician.
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Hidden Risks in Confidentiality Requirements
Bass, Berry & Sims attorneys Tim Garrett and Dustin Carlton authored an article outlining the actions employers should take to avoid violating the Dodd-Frank Act relating to confidentiality agreements. Rule 21F-17 was adopted by the SEC to prevent employers from taking any action that would prevent an employee from “directly communicating with the Commission staff
Northwestern Football Players’ Unionization Drive Halted
In a ruling on August 17, 2015, the National Labor Relations Board (NLRB) decided that it should not exercise jurisdiction over the unionization attempts by Northwestern football players. The NLRB “punted” the issue and declined to decide whether the football players were employees permitted to unionize under the National Labor Relations Act.
Continue Reading Northwestern Football Players’ Unionization Drive Halted