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Tim McConnell represents employers in employment claims and counsels companies on all manner of employment law issues and day-to-day management considerations. He has more than 20 years of experience representing and advising clients in the wide range of issues businesses face related to their workforce, including wage and hour compliance, disciplinary and termination decisions, paid leave, and workplace harassment and discrimination. Tim has a nationwide practice and handles cases filed in federal and state courts across the country, and he regularly defends clients in matters before the Equal Employment Opportunity Commission (EEOC) and related state agencies. He also has significant experience representing clients in an array of commercial litigation matters beyond employment law.

I recently provided insight for an article in SHRM that outlined the requirements for anti-harassment training programs in the workplace. On March 3, 2022, President Biden signed a law banning the enforcement of mandatory arbitration agreements for claims of sexual-assault and sexual-harassment in the workplace. Employers should consider updating any anti-harassment training programs in light of this new law.

Continue Reading Anti-Harassment Training Requirements

Over the past two years, the pandemic has forced employers to navigate unchartered waters. The focus on health and safety, managing a remote workforce, and staying abreast of the evolving COVID-19-related guidance has left in-house counsel and human resources professionals with little time to focus on the fundamental steps essential to proactively and successfully manage employee issues. While the challenges associated with COVID-19 remain at the forefront of employers’ concerns, it is time to return to familiar waters and revisit some of the best HR-related practices.

We are excited to offer the final installment of this three-part series, both in-person and virtually, via webinar. For those local to the Nashville area, we invite you to join the Bass, Berry & Sims labor & employment attorneys for the in-person presentation where they will address best practices across a range of topics, including:

  • The keys to performance management: establishing and managing performance expectations.
  • Tips for managing difficult employees.
  • Making termination decisions while ensuring compliance with legal requirements.


Continue Reading [WEBINAR] Best Practices for Managing Performance and Challenging Employees

Over the past two years, the pandemic has forced employers to navigate unchartered waters. The focus on health and safety, managing a remote workforce, and staying abreast of the evolving COVID-19-related guidance has left in-house counsel and human resources professionals with little time to focus on the fundamental steps that are essential to proactively and successfully manage employee issues. While the challenges associated with COVID-19 remain at the forefront of employers’ concerns, it is time to return to familiar waters and revisit some of the best HR-related practices. We are excited to offer the second installment of this three-part series both in-person and virtually, via webinar. For those local to the Nashville area, we invite you to join us on April 28 for the in-person presentation where we will address best practices across a range of topics, including:

  • Proper complaint intake and investigation planning practices.
  • Best practices for conducting employee interviews.
  • Managing the aftermath of the investigation, including potential disciplinary actions.


Continue Reading [REGISTER NOW] Labor & Employment Law Update: Returning to Familiar Waters – Best Practices for Conducting Effective Workplace Investigations

The past few years have been unprecedented for everyone, but employers have faced particular challenges in trying to keep their employees healthy and able to continue working while simultaneously navigating a significant amount of new – and often confusing – legislation, mandates, and executive orders. Due to these challenges, the focus on best practices for day-to-day management of employees has fallen by the wayside for many employers. However, as we approach the two-year mark since the beginning of the COVID-19 pandemic and are beginning to see some light at the end of the pandemic tunnel, now is a great time for employers to revisit these best practices that will enable them to better manage their workforces and reduce the risk of employment-related litigation.

Education through Training

Educating employees through a well-developed training program is one of the best investments that employers can make in their workplaces, particularly in light of the current enforcement environment. The Department of Labor (DOL), the National Labor Relations Board  (NLRB) and the U.S. Equal Employment Opportunity Commission (EEOC) are making concerted efforts to share information and work together, which requires employers to be very proactive in managing potential employee issues. The most effective way to do so is by providing training for all employees. Although the federal equal employment opportunity laws do not require employers to conduct anti-harassment/anti-discrimination training, several states and municipalities require and/or encourage training. Training is a great way to reinforce a company’s culture, establish clear expectations, and to educate all employees about acceptable conduct, work rules, and consequences for non-compliance with those rules. Training is also beneficial from a legal perspective to establish an affirmative defense in defending harassment lawsuits. Employers must take reasonable care to prevent harassment from occurring in their workplaces. This requires employers to have policies in place designed to prevent harassment, and courts also look at whether employers conduct anti-harassment training and the frequency and effectiveness of that training.

Continue Reading Best Practices for Proactively Managing Workplace Issues and Minimizing the Risk of Employment-Related Litigation

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