A recent Tennessee Supreme Court decision has addressed a matter of first impression after years of contentious debate regarding employer COVID-19 vaccination policies for employees. Heather Smith (Smith) filed a lawsuit against BlueCross BlueShield (BlueCross) after BlueCross terminated her at-will employment.Continue Reading Tennessee Supreme Court Holds that Petitioning the State Government is Not Conduct Protected by the Common Law Tort of Retaliatory Discharge Against a Private Employer
Fourth Circuit Terminates Maryland District Court’s DEI Injunction
On March 14, the U.S. Court of Appeals for the Fourth Circuit granted the government’s motion for a stay pending appeal, terminating a Maryland district court’s injunction of certain elements of President Trump’s January 20 and 21 diversity, equity and inclusion (DEI) executive orders (EO), “Ending Radical and Wasteful Government DEI Programs and Preferencing”
Register Now | Responding to Policy Shifts Under the Trump Administration
As we navigate a new year and a new administration, we are all grappling with an unprecedented wave of executive orders and memoranda from the Trump administration that are reshaping the workplace.
From dramatic shake-ups in the EEOC and NLRB to increased scrutiny of DEI practices, employers are facing yet another season of uncertainty.
Continue Reading Register Now | Responding to Policy Shifts Under the Trump Administration
Big Changes Are Coming to the NLRB with President Trump’s Second Term
The National Labor Relations Board (NLRB) is poised for a major shift following recent changes under the Trump administration. With two open seats on the board, President Trump is expected to appoint Republican members, reshaping the NLRB’s political landscape and reversing key Biden-era labor policies.Continue Reading Big Changes Are Coming to the NLRB with President Trump’s Second Term
Webinar | 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 Employers
Supreme Court Clarifies Employer’s Burden of Proof Standard for Establishing Overtime Exemptions
A unanimous Supreme Court recently clarified the burden of proof an employer must meet to establish that an employee is exempt from the overtime pay requirements of the Fair Labor Standards Act (FLSA). Prior to this decision, some courts had imposed a more difficult clear-and-convincing standard of proof. But, the Supreme Court made clear that the preponderance-of-the-evidence standard of proof applies.Continue Reading Supreme Court Clarifies Employer’s Burden of Proof Standard for Establishing Overtime Exemptions
Insight for Law360 on Rideshare Wage Actions
I was quoted in an article on Law360 Employment Authority examining state attorneys general lawsuits against rideshare companies Uber and Lyft regarding worker classifications. The story follows the one-year anniversary of a $328 million settlement reached with both companies in New York.Continue Reading Insight for Law360 on Rideshare Wage Actions
Webinar | Recent Legal Developments and Post-Election Insights for Employers
Join us for a webinar where we will address important employment law developments, discuss current challenges for employers, and provide insight into potential changes impacting employers following the upcoming election.Continue Reading Webinar | Recent Legal Developments and Post-Election Insights for Employers
False Claims Act Application in Nevada Worker Classification Fight Against Lyft
I provided insight for a Bloomberg Law article on the False Claims Act allegations brought against Lyft in a worker classification suit. A recent Nevada lawsuit claims Lyft misclassified drivers as independent contractors and defrauded the government. The lawsuit claims Lyft’s actions violate Nevada’s False Claims Act, similar to the federal law in which it
Register Now | MT|SHRM 2024 Employment Law Conference | October 16-17
I am looking forward to presenting at the 2024 Employment Law Conference, hosted by the Middle Tennessee Society for Human Resource Management (MTSHRM). My session, titled “Worker Classification: Why it Matters,” will take place on October 16, from 9:00 to 10:00 a.m. CT. During the presentation, I will discuss various topics related to worker classification, its impact on the workforce, and recent Department of Labor rulings.Continue Reading Register Now | MT|SHRM 2024 Employment Law Conference | October 16-17