Wage and Hour Law and Practice

Over the past two years, the pandemic has forced employers to navigate in unchartered waters. The focus on health and safety, managing a remote workforce, and staying abreast of the ever-changing COVID-19-related legislation and guidance has left in-house counsel and human resources professionals with little time to focus on many of the fundamental steps that are essential to proactively and successfully managing employee issues. While the challenges associated with COVID-19 remain at the forefront of employers’ concerns, it is time to return to familiar waters and revisit some of the best HR-related practices.

Join us for the first of a three-part virtual seminar in which Bass, Berry & Sims labor & employment attorneys will address best practices across a range of topics that continue to impact day-to-day operations in the workplace and cause potential risk exposure for employers.

Topics covered during the first webinar of the series will include:

  • Training for the C-Suite, Managers/Supervisors and Employees.
  • Auditing Pay Practices (Pay Equity and Wage & Hour Compliance).
  • Updating Policies and Job Descriptions for the New Year.

Please join us Thursday, February, 3 from 10:00 a.m. – 11:00 a.m. CT | 11:00 a.m. – 12:o0 p.m. ET for this informative discussion. To register, please click here.

Continue Reading [WEBINAR] Returning to Familiar Waters – Best Practices for Proactively Managing Workplace Issues and Minimizing the Risk of Employment-Related Litigation

The first few years of operations can be an overwhelming task for emerging companies, especially when it comes to navigating the wide range of employment laws that come with hiring new members of the team. Below is a list of issues to be aware of as you build and structure your workforce. Continue reading to

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

The economic repercussions of COVID-19 have been immediate and in many cases, debilitating, to American business across all industries, from food & beverage to manufacturing to healthcare.  Challenges faced include government-mandated closures of certain “non-essential” businesses and reduced demand of products and/or services.  As business revenue plummets, many companies are faced with the need to cut significant human capital costs in order to keep their business afloat.  Below are some options for companies to consider as they work to address reduced staffing needs.

Furlough

While the term furlough is used to describe various arrangements, typically a furlough is an unpaid leave of absence.  A furlough is often ideal for employers who anticipate a temporary need for reduced staffing.  Employees on furlough are still technically employed by the employer and, as a result, may be able to remain on the employer’s group health plan(s) if permitted by the terms of the plan(s).  Employers may require employees to pay the applicable employee portion of the premium during the furlough.  If the employer’s group health plan(s) is not available to employees on furlough, COBRA coverage would commence.  Also, many states allow for unemployment compensation to employees on an unpaid furlough.

Continue Reading Workforce Reduction Options Amid COVID-19

Bass, Berry & Sims labor & employment attorneys recently held a webinar briefing covering key information for employers under the Families First Coronavirus Response Act.

Employers’ obligations will become effective no later than April 2, 2020. Get the information you need to know regarding the following aspects of the Act:

  • Emergency Paid Sick Leave
  • Emergency

Please note that the content below was posted on March 19, 2020. We have since provided updated guidance on the topics discussed in this post here.

On Wednesday, March 18, 2020, President Trump signed the Families First Coronavirus Response Act into law. The final version of the law contains significant revisions to the bill that was passed by the U.S. House of Representatives on Saturday, March 14, 2020.

Employers’ obligations will become effective no later than April 2, 2020. A summary of the employment-related provisions and answers to some frequently asked questions regarding the Act are provided below.

On March 23 from 12 p.m. – 1 p.m. CT, we will host a webinar titled “Employer Obligations Under the Families First Coronavirus Response Act”.

Please register here and join us as we discuss the latest guidance for employers and answer your frequently asked questions.

Emergency Paid Sick Leave Act

Employers must provide paid sick time to employees who are unable to work (or telework) for the following purposes through December 31, 2020:

  1. The employee is subject to a federal, state, or local quarantine order related to COVID-19.
  2. The employee has been advised by a healthcare provider to self-quarantine due to COVID-19 concerns.
  3. The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.
  4. The employee is caring for an individual who is subject to an order described in (1) above or has been advised as described in (2) above.
  5. The employee is caring for a child if the school or place of care has been closed or the child care provider of such child is unavailable due to COVID-19 precautions.
  6. The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.


Continue Reading Families First Coronavirus Response Act

On Saturday, March 14, 2020, the U.S. House of Representatives passed the Families First Coronavirus Response Act. The Act is expected to be voted on by the U.S. Senate, and signed by President Trump early this week.

There are two different versions of the bill that are being circulated, but both versions contain extended FMLA

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

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

With the end of the year rapidly approaching, employers should ensure compliance with the Occupational Safety and Health Administration’s (OSHA) new electronic reporting requirements for injury and illness data. The deadline for compliance was December 15, 2017, but OSHA’s website states that they will be accepting submissions of Form 300A through December 31, 2017.

What is the purpose of the new OSHA reporting rule?

According to OSHA, “making injury information publicly available will ‘nudge’ employers to focus on safety.” OSHA will post the establishment-specific injury and illness data it collects under this recordkeeping rule on its public website (after removing personally identifiable information).

The final rule also prohibits retaliation against any employees for reporting injuries or illnesses and requires that employers notify employees of their right to report work-related injuries and illnesses free from retaliation.

Continue Reading OSHA Reporting Deadline Quickly Approaching on December 31 – Here’s What You Need to Know