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Bass, Berry & Sims and HR Professionals Magazine invite you to join us for a complimentary seminar focused on addressing, reducing and preventing sexual harassment claims in the workplace.

  • Harassment Law Refresher: A high-level review of harassment law.
  • Conducting Effective Internal Investigations: A discussion of best practices for conducting internal investigations into harassment claims.
  • The “Company Culture” Issue – How to Reduce Harassment in the Workplace: Strategies for reducing harassment in the workplace and developing a safe culture.

EVENT DETAILS:Continue Reading EVENT: Labor and Employment Law Update: Sexual Harassment in the Workplace

Labor Employment Seminar | November 16 | Memphis

Labor & employment attorneys Lymari Cromwell and Mary Leigh Pirtle will discuss the following topics:

  • FMLA/ADA: A practical, scenario-based discussion regarding extended leaves of absence and how they are regulated by application of the FMLA and the ADA, including a detailed discussion of the EEOC’s position with respect to extended leave as a reasonable accommodation.

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Bass, Berry & Sims attorneys Bob Horton and Kimberly Veirs contributed an article for Practical Law on Tennessee laws related to the mutual agreements to arbitrate employment-related disputes. The article outlines key differences between federal and Tennessee arbitration law and cites several cases interpreting these statutes. Bob and Kimberly also provided sample language for a Tennessee-specific agreement to arbitrate employment-related claims that can be used by employers with employees in Tennessee.
Continue Reading Mutual Agreement to Arbitrate Employment-Related Disputes (TN)

Bass, Berry & Sims attorneys Bob Horton and Kimberly Veirs contributed an article for Practical Law on Tennessee laws related to the mandatory arbitration of employment-related claims. The article outlines key differences between federal and Tennessee arbitration law and provides guidance on issues associated with unconscionability, severability, waiver of class and representative actions, arbitrability, drafting considerations, EEOC challenges, and bracketed text. As part of the article, the authors provided sample language for a Tennessee compliant mandatory arbitration provision of employment-related claims that can be incorporated into a written employment agreement or employee handbook.
Continue Reading Mandatory Arbitration of Employment-Related Claims (TN)

In Syed v. M-I, LLC, the U.S. Court of Appeals for the Ninth Circuit recently held that combining a liability waiver and a Fair Credit Reporting Act (FCRA) disclosure in an employment application constitutes a willful violation of the FCRA. The employee claimed that his employer obtained his credit report unlawfully because the disclosure form he signed did not consist “solely of the disclosure” as required by the FCRA. The Ninth Circuit’s decision reversed the judgment of a California district court, which had dismissed the lawsuit because the complaint failed to allege that the employer’s understanding of its obligation under the FCRA was unreasonable.
Continue Reading In Bizarre Procedural Posture, Ninth Circuit Finds FCRA Willful Violation

In an article published by The Corporate Counselor, published by ALM’s Law Journal Newsletters, Tim Garrett discussed the latest developments and next steps surrounding the Department of Labor’s (DOL) overtime rule. The November 22, 2016, injunction of the rule and subsequent appeal by the DOL have created uncertainty for employers, with some having prepared…

Bass, Berry & Sims attorney Tim Garrett provided insight on the impact that hospitals may encounter as a result of the Department of Labor’s (DOL) new overtime pay rule, set to take effect December 1, 2016. The new rule will more than double the salary level for those employees classified as exempt from overtime pay…

Bass, Berry & Sims attorney Tim Garrett authored an article for Workforce magazine outlining how the workplace can be considered the unintended battleground for cultural wars. In the article, Tim identifies the causes of this reality and the tension it creates; highlights certain “false” solutions; and provides a more effective, practical solution for working toward a coherent, team-oriented, positive work environment.
Continue Reading Arming for the Workplace Cultural Dynamics

The Ninth Circuit recently held in Morris v. Ernst & Young, LLP that employees have a substantive right to pursue work-related claims collectively, and employers may not force employees to waive this right as a condition of employment.  As a result, class action waivers in arbitration agreements signed as a condition of employment are no longer enforceable in California.

Like many employers throughout the country, Ernst & Young required that all its employees sign arbitration agreements as a condition of employment, and each agreement required that the employees promise not to join with other employees in bringing legal claims against the company.  Specifically, the agreements required that the employees pursue legal claims (1) exclusively through arbitration, and (2) only as individuals and in “separate proceedings.”  As a result, employees could not initiate concerted legal claims against the company in any forum, whether court, arbitration proceedings or elsewhere.Continue Reading Class Action Waivers in Arbitration Agreements Signed as a Condition of Employment No Longer Enforceable in California

From the Bass, Berry & Sims Blog Network
From the Bass, Berry & Sims Blog Network

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