We are excited to share the first installment of our newest video series,
10 Steps Every Company Should Take When Conducting Workplace
Investigations. This series is intended to guide HR leaders faced with investigating a complaint between coworkers, such as harassment or inappropriate conduct, through the investigation process.

Each video in this series will offer practical tips on everything from
creating the investigation plan; interviewing relevant parties; and dealing
with the aftermath of the investigation, including potential disciplinary
actions taken against an employee.

To kick off the series, Bass, Berry & Sims attorney Tim Garrett takes
companies through the process of receiving the complaint. Employee
complaints can come anonymously, directly from an employee feeling
mistreated by a coworker or from a supervisor who witnesses inappropriate
behavior. Tim explains how to handle each type of complaint and tactics for
understanding as much information as possible in this initial stage of the
process.

Several attorneys in our Labor & Employment Practice Group are featured
in the series and offer great recommendations for navigating this tricky
process. To guarantee you don’t miss any videos in the series, be sure to
subscribe to this blog or follow us on Twitter.

Can language in the workplace, even if uttered during otherwise protected conduct, lose its “protected” status under the National Labor Relations Act (NLRA) because the language is too offensive?  The answer is, generally, yes.

Prior NLRB Rulings Protected Offensive Language

However, in several rulings, the Obama-era National Labor Relations Board (NLRB) ruled that certain speech, which was patently offensive, nonetheless retained its protected status.  On September 5, 2019, the current NLRB invited briefs on the proper legal standard for when extremely profane or offensive language loses its protection.

Continue Reading NLRB Seeks Public Comment on Offensive Language in the Workplace

Register for the Labor & Employment Seminar on October 2Join us for a complimentary seminar where we will review a broad range of topics pertaining to accommodation issues under the ADA and provide guidance for employers managing these issues.

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

Our panels will cover a broad range of topics, including:

  • How to identify (and help supervisors identify) when an employer’s obligations under the ADA may come into play
  • Engaging in the interactive discussion with employees regarding their accommodation requests
  • Requesting medical information in response to such requests
  • Whether an employee who has asserted the presence of a disability may still be disciplined
  • Marijuana and opioid use at work
  • Direct threat issues
  • Addressing mental health issues under the ADA

Please RSVP by September 26

HRCI and Tennessee CLE credit (2.25 hours)

Register Now

I recently provided insight for an article in HR Dive on ageism in the workplace and how employers can address these stereotypes.

Ageism can come in many forms in the workplace. For example, a typical stereotype can include expecting an older employee to have a problem adjusting to the new computer system, believing they will be resistant to change or wondering how an older employee is going to “keep up” with the job’s demands.

Continue Reading Ageism in the Workplace

Bass, Berry & Sims attorney Tim Garrett discussed a case currently under review by the Eleventh Circuit Court that should provide clarity on whether, and under what circumstances, a licensed professional counselor or therapist can be a “healthcare provider” - and therefore qualified to verify a need for leave - under the Family & Medical Leave Act (FMLA). I recently discussed a case currently under review by the Eleventh Circuit Court that should provide clarity on whether, and under what circumstances, a licensed professional counselor or therapist can be a “healthcare provider” – and therefore qualified to verify a need for leave – under the Family & Medical Leave Act (FMLA).

The case centers around an employee who was fired from her job the same day she met with a licensed counselor who recommended leave after determining the employee had depression and anxiety. While the timing and specific circumstances of the case are unusual, the case does call into question the larger issue of who can be considered a healthcare provider under the FMLA.

Continue Reading Can a Therapist Visit Trigger FMLA Leave?

In an article published by the Nashville Business Journal, we urge employers to get ready for the U.S. Equal Employment Opportunity Commission’s data reporting. Although facing criticism, the U.S. Equal Employment Opportunity Commission (EEOC) is moving forward with its pay data collection, and with the reporting deadline set for September 30, employers should prepare now.

Employers with more than 100 employees and any federal contractors with more with 50 employees are required to submit an EEO-1 survey, which has historically analyzed organizations’ employment data categorized by sex, race and ethnicity. Under the new reporting requirements, employers and federal contractors with more than 100 employees will also report compensation data.

Continue Reading What Employers Need to Know about EEOC’s Pay Data Collection Plan

I recently provided insight for an article outlining how companies should discuss retirement plans with their older employees. I explained that an annual review period would be an appropriate time to discuss an employee’s upcoming plans for retirement and any need for success planning.

“Employers should pose questions to employees about retirement plans with the sole goal of understanding staffing needs for future workforce planning,” I explained. “This discussion should be general in nature, should not make reference to the employee’s age or ‘generational’ comments, and should promptly end if the employee indicates that retirement is not a consideration at that point.”

Continue Reading How Can Companies Talk to Baby Boomer Employees About Retirement?

In an article published by the Nashville Business Journal, Bass, Berry & Sims attorney Doug Dahl discussed student loan repayment benefits offered by employers and the IRS’s ruling last year regarding this issue.Student loan debt in the United States is escalating, and employers are finding it harder to fill open positions. In an effort to tackle both of these issues, more employers have been offering student loan repayment opportunities as part of the benefits packages they offer employees. In an article published by the Nashville Business Journal, I discussed student loan repayment benefits offered by employers and the IRS’s ruling last year regarding this issue.

For example, employers can offer student loan debt management programs that offer counseling services and access to student loan marketplaces or more favorable finance terms. In May 2018, the IRS issued a ruling allowing an employer to make contributions to its 401(k) plan on behalf of employees who make payments toward their student loan.

Continue Reading Student Loan Repayment Benefits Offered by Employers

Bob Horton will be presenting on recent pay equity trends at the Tennessee Human Rights Commission’s (THRC) 2019 Employment Law Seminar.I am looking forward to presenting on recent pay equity trends at the Tennessee Human Rights Commission’s (THRC) 2019 Employment Law Seminar.

The seminar will be held at the One Century Place Conference Center in Nashville on Wednesday, June 12, 2019 from 8:00 a.m. – 3:30 p.m. CST.

For more information and to register, visit the THRC event web page.

Last Filing for Calendar Year Plans!

The annual filing (and fee payment) for applicable self-insured health plans and specified health insurance policies used to fund the Patient-Centered Outcomes Research Institute (the PCORI fee) is due by Wednesday, July 31, 2019. For calendar year plans and policies, this will be the last required PCORI filing and fee payment. For plan and policy years ending after December 31, 2018 and before October 1, 2019, one more filing and fee payment will be required (due July 31, 2020).

Internal Revenue Service (IRS) Form 720, Quarterly Federal Excise Tax Return, is still used to report and pay (in Part II, IRS No. 133) the annual PCORI fee. The filing rules have not changed, although the applicable rate has increased to $2.45 per covered life (announced via IRS Notice 2018-85).

Continue Reading Reminder – Annual Deadline (July 31) to Report and Pay PCORI Fee is Approaching

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

Thought Leadership by our Attorneys.