Restrictive covenant legislation is growing in popularity across the United States. Tennessee, a state long regarded as business-friendly, is among the list of states creating statutory definitions of what is reasonable for non-compete agreements.
Continue Reading Tennessee Joins List of States Rewriting Rules on Non-Compete Agreements: What Employers Need to KnowDOL Proposes New Uniform “Joint Employer” Rule
On April 23, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued a proposed rule seeking to establish a unified “Joint Employer” test under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA).
Continue Reading DOL Proposes New Uniform “Joint Employer” RuleAppeals Court Affirms DOL Authority in Companionship Exemption Case
I was recently quoted in McKnight’s Home Care in connection with a new decision from the U.S. Court of Appeals for the Sixth Circuit that supports the Department of Labor’s pending reinstatement of the companionship exemption. The ruling is notable because it reinforces the DOL’s authority to interpret and update wage and hour rules under the Fair Labor Standards Act.
Continue Reading Appeals Court Affirms DOL Authority in Companionship Exemption CaseDOJ’s New Civil Rights Fraud Initiative – Expect Increased Enforcement
On May 19, the Department of Justice (DOJ) announced the launch of the Civil Rights Fraud Initiative, which will use the federal False Claims Act (FCA) to pursue claims against recipients of federal funds that knowingly violate federal civil rights law.
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Navigating Tennessee Background Check Laws: A Guide for Employers
Employers in Tennessee face a complex legal landscape when conducting background checks on job applicants. Ensuring compliance with state and federal laws is essential to mitigate legal risks and maintain fair hiring practices. Below, we outline the key aspects of Tennessee background check laws and employer obligations.
Continue Reading Navigating Tennessee Background Check Laws: A Guide for EmployersWebinar | ICE Workplace Raids: Best Practices and Preparation for Employers
Along with my colleagues Anna Grizzle, Lisa Rivera and Elizabeth Warren, I provide guidance and best practices on effectively responding to a U.S. Immigration and Customs Enforcement (ICE) raid.
Continue Reading Webinar | ICE Workplace Raids: Best Practices and Preparation for EmployersPresident Trump Revokes Executive Order 11246
“Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (Order) is one of President Trump’s most recent executive orders. The Order was signed on January 21, 2025. The Order revoked Executive Order EO11246 (EO11246), along with several other previously enacted executive orders aimed at promoting diversity, equity and inclusion (DEI) in the workplace. EO11246 has been in effect since 1965. The White House stated in a fact sheet that the Order will streamline the federal contracting process to “enhance speed and efficiency, reduce costs, and require Federal contractors and subcontractors to comply with [] civil rights laws.”
Continue Reading President Trump Revokes Executive Order 11246Federal Judge Strikes Down Increased FLSA Salary Basis Threshold
A federal judge in Texas recently ruled that the Department of Labor (DOL) did not have the authority to increase the salary basis threshold for the so-called “white-collar” exemptions from overtime. This ruling means that the new rule has been vacated nationwide, will not go into effect, and the previous increase has been rescinded.
Continue Reading Federal Judge Strikes Down Increased FLSA Salary Basis ThresholdUse of AI in Human Resources
We recently authored an article for HR.com’s HR Legal & Compliance Excellence magazine examining the role of artificial intelligence (AI) in human resources and considerations employers should watch for when adopting AI technology.
Continue Reading Use of AI in Human ResourcesLegal Risks Associated with Employee Handbooks
I recently discussed the use of employee handbooks and provided insight on how employers can avoid legal risks.
Continue Reading Legal Risks Associated with Employee Handbooks