Spring 2013 Employment Newsletter

Good Documentation HELPS Promote Winning Results

If you’ve ever attended an employment-law seminar or talked to an employment-law attorney, then you know the importance of policies and procedures. Equally important is communicating your policies and procedures to your employees and enforcing them consistently. But without documentation, none of this really matters. Doing everything the right way is no guarantee that you will win when an employee sues you, but not doing these things guarantees a rough course to any success in a lawsuit.

read more

Workers’ Comp Reconsideration – When does the Limitations Period Start?

Under T.C.A. § 50-6-241, employees with disability awards limited by a post-injury return to work may have those awards reconsidered if their employment ends within 200 to 400 weeks of their return to work date (depending on injury date and body parts involved).  A recent decision clarifies when the 200- to 400-week period begins.

read more

CRITICAL REQUIREMENTS UNDER THE NEW HEALTHCARE ACT

On June 28, 2012, the U.S. Supreme Court released its highly anticipated decision upholding the constitutionality of the Patient Protection and Affordable Healthcare Act (the “Healthcare Act”) passed by Congress in 2010.  Now that the Court has spoken, employers should consider the compliance issues required by the Healthcare Act.  Three critical issues for employers are the new W-2 reporting requirements, the Medicare tax, and the affordable coverage requirement.

read more

New Evidence Process Available for Unemployment Benefits Hearings

Employers may now have an easier means to defend unemployment benefits claims and prove an employee’s reason for termination. The Tennessee Legislature has recently amended the evidentiary rules for unemployment benefits hearings. Under Tenn. Code Ann. § 50-7-304(f), employers can present personnel records and other business records as proof of an employee’s misconduct, even though such records may be hearsay or may not be corroborated by direct witness testimony. To use such records as evidence, 3 conditions must be met:

read more

Mediation of Employment Matters: Thoughts to Ponder

When is your employment law case most likely to settle in mediation? An old adage says there are two sides to every argument. It is never more true than in employment-related matters. So, the initial question is not about demonstrating a winning set of facts or an irrefutable legal argument. The question is about timing and perspective.

read more

NLRA Posting

Initially scheduled for implementation in November of 2011, the NLRA posting requirement was postponed until January 31, 2012, due to a number of legal challenges. Now at the request of the federal court in Washington, DC, the NLRB has agreed to further postpone the effective date. The new effective date for the NLRA posting requirement is now April 30, 2012.

read more

TENNESSEE LAWFUL EMPLOYMENT ACT

On June 7, 2011, Governor Haslam signed into law the Tennessee Lawful Employment Act (“Act”). This Act requires all employers in the state, both public and private, to provide evidence that they are only hiring and employing persons who are legally in the country. Employers can satisfy the requirements of the Act by performing one of the following:

read more

CLEAR AND CONVINCING DRUG TESTS PRESUMPTION

On July 1, 2011, Tennessee’s workers’ compensation drug-free workplace presumption was amended, strengthening the authority of drug testing when denying the compensability of a workers’ compensation claim.

read more

Employment Law Alert – Spring 2009 Issue

This Employment Law Alert contains:

• Don’t Get Bitten By The New “Cobra”
• Supreme Court Expands Employer Liability for Retaliation Under Title VII

View Employment Newsletter Spring 2009.

read more