Employee Handbooks and Policies

While managing the fallout from COVID-19 has dominated the focus of employers this year, there have been a number of recent employment law developments unrelated to the virus. During this virtual seminar Bass, Berry & Sims labor & employment attorneys will address legislative developments and agency guidance with respect to a number of these issues

On October 1, Tennessee will join a growing list of states providing additional protections to pregnant employees as the Tennessee Pregnant Workers Fairness Act (Act) takes effect. Covered employers include those with 15 or more employees. Under the Act, it is unlawful for an employer to refuse to make reasonable accommodations for medical needs arising from pregnancy, childbirth or other related medical conditions unless doing so would impose an undue hardship on the employer. This includes requiring employees to take leave under a leave law or employer policy if another reasonable accommodation can be provided. The Act also prevents an employer from taking any other adverse actions against an employee in the terms, conditions, or privileges of an employee’s employment if the individual requests or uses a reasonable accommodation due to pregnancy, childbirth, or related medical conditions, such as counting pregnancy-related absences under a no fault attendance policy.

Continue Reading Tennessee Pregnant Workers Fairness Act

As states and cities begin to ease COVID-19 restrictions and organizations return their employees to the workplace, employers are forced to navigate an unprecedented and fluid landscape of post-pandemic compliance issues.

This virtual seminar will address the difficult issues facing employers as they return their employees to the workplace and provide practical guidance for understanding

The Occupational Safety and Health Administration (OSHA) has updated its Frequently Asked Questions (FAQs) regarding workplace safety and addressing topics related to COVID-19, including whether workers should wear a cloth face covering while at work per the CDC’s recommendations.

OSHA generally advises, yes.  The FAQs state the following:

“OSHA generally recommends that employers encourage workers to wear face coverings at work.  Face coverings are intended to prevent wearers who have Coronavirus Disease (COVID-19) without knowing it (i.e., those who are asymptomatic or pre-symptomatic) from spreading potentially infectious respiratory droplets to others.  This is a known source control.”


Continue Reading OSHA Guidance Regarding Cloth Face Coverings in the Workplace

I recently explained how employers can legally respond when an employee tests positive for COVID-19 in an article for the Washington Business Journal. Many employers think the Health Insurance Portability and Accountability Act (HIPPA) protects employee health information, but that pertains specifically to health providers.

For employers, the Americans with Disabilities Act, protects the privacy of a workers health records and information, so employers may ask employees if they’ve tested positive for the coronavirus, but must keep that information confidential in accordance with the ADA.

When it comes to taking an employee’s temperature, the Equal Employment Opportunity Commission allows employers to get thermometer readings given the potential direct threat to others who could be exposed. I advised in the article to “treat this like a real medical test,” and go to a private room to take someone’s temperature and keep results completely confidential in that employee’s medical file.


Continue Reading Working in the Age of the Coronavirus

We are excited to share the next installment of our video series, Conducting Workplace Investigations | Step #6: Interview Best Practices. This series, 10 Steps Every Company Should Take When Conducting Workplace Investigations, is intended to guide HR leaders faced with investigating a complaint between coworkers, such as harassment or inappropriate conduct,

We are excited to be presenting a CLE webinar titled, “An Employer’s Obligations in the ADA Interactive Process” on February 11.

This 60-minute webinar will examine employers’ obligations within the interactive process, including how to recognize qualifying accommodation requests, what information an employer should request and be provided, and the process of exploring accommodation options

Join us for a complimentary seminar where we will cover a broad range of issues employers face when discharging employees and provide guidance for successfully assessing and addressing the associated risks and liabilities.

7:30 a.m. – 8:00 a.m. Registration and Breakfast
8:00 a.m. – 10:30 a.m. Program

Topics will include:

  • Documenting the discharge
  • Workplace violence