Firm Newsletter

EEOC Update Workers’ Comp: How To Deny A Claim and Make It Stick	March 2023
The NLRB Has been Busy PWFA and PUMP – New Laws for Pregnant and Nursing Workers Strategies For Dealing With Stubborn Employees	February 2023
Union Organizing Efforts Across The Country Continue To Draw Attention Wellness Plan Overreach Costs Yale University $1.29 Million Cobra Coverage Notices Being Widely Challenged In Court	September 2022
6th Circuit Reverses Summary Judgment in ADA Case OSHA Conducting Focused Inspections on Healthcare Save the Date! Wimberly Lawson Annual Labor & Employment Law Update Conference, Nov. 17-18, 2022, Sevierville TN	May 2022
Overview of the EEOC’s 2022 Caregiving Responsibilities Guidance New Law That Would Prohibit Forced Arbitration of Certain Claims Register Now! Wimberly Lawson Labor & Employment Law Update Webinar 04.28.2022	March 2022
Court Grounds Hawaiian Airlines Employees’ Vaccine Mandate Challenge Lucky Pennies or Retaliatory Conduct? EEOC Settles Class Action Over Hiring Practices For $5 Million Did you Know? Wimberly Lawson has Licensed Mediators	February 2022
Cyber Liability and Social Media Policies Sexual Harasser? Or Victim of a Scam? Now Available! The Tennessee Workers’ Compensation Handbook, 13th Edition	January 2022
Significant Changes to Requirements for Payment of FLSA Minimum Wage to Tipped Employees NLRB Challenges Kroger’s Ban on BLM Buttons and Apparel Wimberly Lawson Receives Coveted Awards … Again!	December 2021
Who Kept the Dog Out? And Why It Mattered – ADA Interactive Process Requirements Regarding Accommodation Requests for Service Animals EEOC Issues Updated COVID-19 Technical Assistance to Discuss Religious Exemptions and Accommodation Considerations A Word to the Wise — Tips for Employers who Face Insured Claims	November 2021
Not So United – United Airlines Employees Sue Over Vaccination Mandates When Work Heats Up, OSHA May Pay a Visit Register Now! Wimberly Lawson Labor & Employment Law Update Webinar 11.18.2021	October 2021
The ADA and Reasonable Accommodation Issues Regarding Service Animals Long-COVID May Constitute a Disability	September 2021
The Use of Pronouns: Not as Simple as We Once Thought How Cyber-Secure is Your 401(k)?	August 2021
Wild After-Hours Halloween Workplace Event Leads to “Spook-tackular” Case of First Impression in Tennessee Court of Appeals An ADA Cautionary Tale Announcement – Wimberly Lawson 2021 Fall Conference	July 2021
Sorting Out the Recent COVID-19 Guidance – Issues and Options for Employers NLRB General Counsel Memo Signals Broader Enforcement EEO-1 Reports for 2019 & 2020 Due by July 19, 2021	June 2021
Impact of State Legalization of Marijuana on Employer Substance Abuse Policies The PRO Act – A Horrible Proposal for Employers Solving COVID-19 Issues for Employers	May 2021
“Virtual” Harassment is a Real Thing The Times They are A’Changing – Wage and Hour Under the Biden Administration	April 2021
Employee Handbook Updates For 2021 “No Poach” Penalty: Criminal Charges From DOJ Did You Know? Wimberly Lawson has Licensed Mediators	March 2021
Executive Order to OSHA Brings Updated Guidance re: COVID-19 Timing of Termination The Shrinking Incentive: Wellness Plans Under Review “A Word to the Wise” “We’re Moving!” New location for Nashville office- effective March 1st	February 2021
COVID-19 Brings New Fraud Scams to the Workplace Can Employers Require Employees to Obtain COVID-19 Vaccinations? Is Employer-Required COVID-19 Testing an Alternative to the Vaccine?	January 2021
Employer and Business Liability in the Age of the COVID-19 Pandemic “As the COVID-19 Virus Rages On …” Holiday Travel Safety	December 2020
How “Free” Speech Can Become Expensive, Distracting and Damaging Totally Tracking Time Worked For Teleworkers DOL Proposes New Rule Defining Independent Contractors vs. Employees Under the FLSA	November 2020
COVID-19 Update: DOL Revises FFCRA Regulations Is “Taking A Knee” Protected Activity? It Can Be OSHA Update: COVID-19 and Smithfield Foods Register Now! Wimberly Lawson Labor & Employment Law Update COVID-19 Related Webinar 11.12.2020	October 2020
Accommodating Opioids in the Workplace: EEOC Issues Guidance Tennessee Employer Responsibilities for Pregnant Workers are Expanded Phil Lawson – IN MEMORIAM	September 2020
Supreme Court Upholds Religious Protections in Employment and Government Regulations NLRB Revises Standard for Analyzing Claims of Unlawful Discipline When an Employee Who is Engaged in Protected Conduct Also Engages in Abusive Conduct A Word to the Wise – Insurance Claims	August 2020
2020 Tennessee Workers’ Compensation Legislative Update Twitter Clatter: When Employee Social Media Activity Makes Your Head Hurt New DOL Regulation on Fluctuating Workweek Method of Computing Overtime	July 2020
COVID-19 Clears the Way for TeleHealth to Treat Tennessee Workplace Injuries COVID-19 and OSHA’s Updated Response to Inspections Announcement: Fall Conference/WEBINAR 2020 Now Available: The Tennessee Workers’ Compensation Handbook, 11th Ed.	June 2020
A Call for Action … and Balance (COVID-19 and Smithfield Foods) “Does Your Dog Bite?” Service Animals in the Workplace Wimberly Lawson Offers Assistance With COVID-19 Issues for Employers NOTICE – EEOC Delays EEO Data Collections Due to COVID-19 Crisis Did You Know? Wimberly Lawson Has Licensed Mediators	May 2020
RIF, Layoffs and Furloughs: Reasonable Cost Control Measure or Invitation to Litigation? New NLRB Regulations Impact Election Procedures and Formation of Bargaining Relationships Harassment Claims Against C-Suite Execs: Tips for Employer Investigations	April 2020
What is the PRO ACT? Wimberly Lawson Receives Coveted Awards … Again!	March 2020
RIOT GAMES to Pay $10 Million to Settle Gender Discrimination Lawsuit DOL Weighs in on Joint Employer Test Wimberly Lawson Attorneys Named in The Best Lawyers in America® 2020 A Word to the Wise – Insurance Claims	February 2020
DOL Finalizes Revisions to FLSA’s Regular Rate of Pay Regulations At the NLRB, Everything Old is New Again	January 2020
Fifth Circuit Rules Against EEOC Enforcement Guidance New Jersey Expands its Medical Marijuana Law DOL Opinion Letter Approves FMLA Leave for Special Education School Meetings	November 2019
“Rounding Time” Must Work in Both Directions NLRB – Less Animal Exuberance in the Future? Are Giggers Employees? Anti-Arbitration Bill Proposed in Congress “A Word to the Wise”	October 2019
Department of Labor Seeks to Clarify Religious Exemption for Federal Contractors What Managers Say is Just as Important as What They Do: 6th Circuit Issues Warning	September 2019
Appearance Discrimination: Is It Illegal? Recognizing an Accommodation Request Under the ADA Supreme Court Narrows Judicial Deference to Agencies’ Interpreting Their Own Regulations	August 2019
Defense Based on Title VII’s Charge Filing Requirement Must Be Asserted Timely or Will Be Forfeited Marijuana Law Update DOL Opinion Letter – FMLA Leave is Mandatory DOL Finds GIG Workers to Be Independent Contractors UAW Loses Union Vote at Volkswagen – Again “A Word to the Wise”	July 2019
NLRB Announces Rulemaking Agenda How to Respond to Social Security Mismatch Letters DOL Plans to Review FMLA Technology Companies Beset by Employee Protests Over Company Operations Did You Know? Wimberly Lawson Has Licensed Mediators	June 2019
Supreme Court to Tackle Scope of Title VII’s Prohibition on Sex Discrimination Tennessee Anti-Bullying Law Now Covers Private Employers	May 2019
The FCRA: Deceptively Dangerous Recent Lessons From OSHA on Workplace Violence	April 2019
Winning the Talent Acquisition Game with an Untapped Labor Pool The Attorney-Client Privilege for Organizations: Broader Than You Think?	March 2019
States are Going to Pot: Medical Marijuana Laws Pose Increased Risks for Unwary Employers The Ever Evolving Rules of Arbitration Agreements – and the Implications for Employers	February 2019
When is a Leave of Absence Required as a Reasonable Accommodation Under the ADA? When Less is More … Problems With “100% Healed” Return-to-Work Policies	January 2019
Don’t Let the Grinch Ruin Your Company Holiday Party Unanimous Supreme Court: ADEA Coverage Extends to Small Public Employers Riot Games – Lessons From a Corporate Culture of Harassment	December 2018
“Having Your Cake and Eating it Too”? – Employee Brings Suit While Retaining Severance Funds Under Settlement Agreement First Amendment Trumps “Free Riders” Regarding Payment of Union Fees OSHA Reverses Policy on Drug Testing, Safety Incentives “A Word to the Wise” NOTICE – DOL Renews FMLA Forms	October 2018
Sixteen States Ask U.S. Supreme Court to Clarify Title VII’s Prohibition on Discrimination “Because of … Sex”	September 2018
The Dangers of Defamation in the Workplace EEOC is Hot on Harassment – Tips for Employers OSHA Issues Proposed Rule on Electronic Filings The “Parent Trap” – Is Your Parental Leave Policy an Invitation for Trouble?	August 2018
To Bake or Not to Bake – Is That the Question? (U.S. Supreme Court decides case of wedding cake baker who refused to bake cake for same-sex marriage due to religious beliefs) Harassment Remains in the Headlines	July 2018
Latest Chapter in the Evolving Tale of Employment Law and Arbitration Agreements: Class Action Wavers Upheld Opportunities and Updates for Employers – The Tennessee Drug-Free Workplace Act Wimberly Lawson’s Avakian Named as Associate Deputy Secretary of Labor Help is at Hand – Supervisor Training	June 2018
Summertime Safety – Policies and Procedures for Child Protection Employer Can Pursue Fraud Claim Against Undocumented Worker Exemptions to Wage-Hour Law No Longer Narrowly Construed ICE Conducts “Old-Fashioned” Raid of Tennessee Meat Packing Plant	May 2018
Reasons for the Decline in Union Strikes Should Employers Keep Email Addresses of Employees, or Not? Notice of New Website for E-Verify Notice of New Form for Tennessee Workers’ Compensation Claims	April 2018
Hiring with Temp Agencies and Staffing Firms? – Guidelines and Challenges for Reasonable Accommodation Under the ADA Drug Testing Policies, Procedues and Issues – Are You Testing for Illegal Opioids?	March 2018
What’s Up with Times’s Up? Tennessee Workers’ Compensation Update Notice of Deadline for New IRS Withholding Tables	February 2018
Tennessee Supreme Court Reaffirms Collateral Source Rule in Personal Injury Cases Are Arbitration Agreements Really the Big Bad Wolf? DOL Proposed Rule Revising Tip Pooling Rules Notice of Deadline to Download Historical E-Verify Records	January 2018
Department of Justice Reaffirms Fundamental Importance of Religious Liberty Conflict Over Sex, Stereotypes, and/or Status	December 2017
EEOC and Justice Department on Opposite Sides of Class Action Waiver and Sexual Orientation Issues Texas Court Nullifies Obama-Era O/T Rate Hike UPS Settlement Reminds Employers of “Maximum Leave” Issues Record Retention Policies and Text Messaging	October 2017
Can We Fire Him for Saying That? The Curious Case of the Google Engineer Wimberly Lawson Loses a Firm Leader EEOC Must Reconsider Wellness Rules	September 2017
DOL Follows Through with Plans to Revise New Salary Overtime Rule EEOC 2016 Statistics and Enforcement Guidance: Trends to Watch OSHA Electronic Injury Data Reporting Requirements Delayed Until December	August 2017
Current Basic Minimum Wage and Overtime Requirements The Significance of Having a Social Media Policy and a Cell Phone Policy	July 2017
Religious Freedom Executive Order May Affect Workplace Rules Data Shows NLRB Quickie Election Rules Not Changing Much Refusal to Extend Leave Found Not to Violate ADA Employers Sued for Negligence Where Employee Commits Violent Act Elsewhere Labor Secretary Finally Confirmed	June 2017
LGBT Issues are in Transition Federal Contractor “Blacklisting” Executive Order Overturned by Congress Courts Strike Down Broad Federal Agency Subpoenas for Employment Information NLRB Rules that Misclassifying Employees as Independent Contractors Violates Labor Act	May 2017
National Right-to-Work Growing Thoughts on the New Secretary of Labor and the Effect on Employers New Wrinkles in Enforcement of Non-Compete Agreements EEOC Rules on Wellness Plans Take Effect	April 2017
EEOC Issues Proposed Harassment Guidance	March 2017
Fearless Forecast as to Trump Labor and Employment Initiatives Federal Court Adopts Magistrate’s Recommendation – OSHA Inspection Warrant Quashed Employers Do Not Have to Give Preference to Disabled Workers in Assignments to Open Positions New OSHA Electronic Injury Reporting Rule Still in Play Right-to-Work Doctrine to Expand	February 2017
The Year in Review Developments with Mental, Emotional, and Psychological Issues Related to Employment Social Media and Technology, with Millennials and Other Generations Cyber Liability – Liability for Cyber Crimes and Data Breaches Top Ten Strategies for Defending Tennessee Workers’ Comp Claims	November 2016
Can You Expect Any Work From an Employee on FMLA Leave? Supreme Court Rejects DOL’s New Regulatory Interpretation of Overtime Statute Federal Court Upholds NLRB’s Quickie Election Rule Persuader Rule Temporarily Stopped	August 2016
Everything Old is New Again. Or is it? Employer Upheld in Refusing to Hire Morbidly Obese Plaintiff NLRB Circumscribes Employers’ Right to Permanently Replace Economic Strikers	July 2016
NLRB Holds Employer Policies Against Employee Videos/Recordings Unlawful The DOL’s New Salary Threshold for Exemption – Pay Raise, Demotion or Less Hours? NLRB Again Challenges Neutral Workplace Rules Prohibiting Conduct that “Impedes Harmonious Interaction and Relationships”	June 2016
Long Reach of DOL’s Controversial New Persuader Rule Majority of States Now Right-to-Work	May 2016
Employee Car Pools: The Issue of Employer Liability is Complex EEOC Now Providing Employers’ Position Statement to Employees and Other Charging Parties in Discrimination Claims Mandatory Paid Sick Leave: DOL Proposes New Regulations	April 2016
Lessons You Should Learn From Other Employers’ Form 1-9 and Discrimination Violations Wage-Hour Issues Guidance on Joint Employer Liability Administration to Promote Pay Equality by Requiring New EEO-1 Information to be Filed	March 2016
Performance Appraisals Concerns About Refusing to Hire or Discharging Employees How the Minimum Wage is Affected	February 2016
Are You Ready to Comply with the New ACA Healthcare Employees’ Rights to Representation Prospective Dates for Implementing New Overtime Rules	January 2016
Cyber Liability – Liability for Cyer Crimes and Data Breaches The Importance of Effective Hiring (Background Checks, Pre-Employment Testing, and Drug Testing, including Medical Marijuana and FCRA Compliance) Top Ten Tips on Defending Tennessee Work Comp Claims Under the New Law Department of Labor’s Proposed New Regulations on Exemptions	November 2015
NLRB Expands “Joint Employer” Doctrine to Support Labor Does Your Office Have a Policy Governing Office Decor? Flags and Rainbows May be Controversial New Horizons in Discrimination: Sexual Orientation and Gender Identity	October 2015
What the Supreme Court’s Gay Marriage Decision Means for Employers DOL Proposes to Increase Salary Threshold for Overtime Exemption Supreme Court Allows Employer to Reduce Retiree Healthcare Benefits	September 2015
OSHA Takes Controversial Positions on Transgender Restroom Issues at Work Recent Developments: Religion and the Workplace First Month’s Effects of Quickie Union Election Rule Supreme Court to Rule on Case Involving Broad Back Pay Remedies in Wage/Hour Cases	July 2015
Broad Company Policies Can Create Big Problems Effect of Obama Veto Regarding Attempted Congressional Overturn of Quickie Election Rule NLRB Responds to Right-to-Work Legislation Time-Keeping 101	June 2015
NLRB Comments on Rules Viewed as Unlawful Background Checks and Pre-Employment Testing	May 2015
Strategic Response Plan to New NLRB “Quickie Election” Rules Senate Committee and Congress Trying to Block New NLRB “Quickie Election” Rules Health Reform Update: U.S. Supreme Court Considers a Second Opportunity to Limit the Affordable Care Act New OSHA Reporting Rule Enforcement Procedures Raise Strategy Issues for Employers	April 2015
Whether Certain Security Checks Constitute Compensable Work The President’s Deferred Action For Immigrants Stopped by Judge Government Position: Worker Presents New Social Security Number and States Previous Documents Were Not Real Business Groups File Lawsuits Attacking NLRB Quickie Election Rule	March 2015
Regular Mail Inadequate To Prove Delivery Of FMLA Notices Government Moving Rapidly on Transgender and Sexual Orientation Issues Ebola Questions and Answers Pros, Cons and Issues When Dealing With Electronic I-9 Software Providers	February 2015
A Shot in the Arm: Mandatory Immunization Policies Records Retention: To Keep or Not to Keep	January 2015
HR Audits and Compliance Immigration Update: To E-Verify or Not To E-Verify FMLA Strategies and Practical Advice TN Workers’ Comp Reform Update	November 2014
One Way to Lower the Cost of Severance Programs Recent Healthcare Regulations Give an Employer Two Ways to Minimize the Impact of the 90-Day Limit on Waiting Periods Jokes About Age Force Employer to Face Age Discrimination Trial What Do Employers Do About Legal Marijuana? Obama Administration Announces Other New Federal Contractor Requirements	September 2014
Employee Barred from Sending Letters to Customers Complaining of Discrimination Determining Strategy on When and How to Fight an Unemployment Claim How Bankruptcy Can Affect Employment Litigation Plaintiff Refused to Change Her Hairstyle from Dreadlocks to Something “Professional”	July 2014
Upcoming Changes on Overtime Requirements and Minimum Wage? Wimberly Lawson Receives Distinguished Honors New Affirmative Action Ruling Has Limited Effect Discrimination Plaintiff Must Pay Back Settlement Proceeds Due to Violating Confidentiality Provision NLRB Invites Comment on Whether Employers Can Ban Union Emails from Company Systems	June 2014
OFCCP Issues Final Rules Updating the Rehabilitation Act and Vietnam-Era Veterans’ Readjustment Assistance Act (VEVRAA) Summary of Tennessee Workers’ Compensation Reform	May 2014
Volkswagen Supports Union in Chattanooga, But Union Loses Anyway Important New Healthcare Changes: Delays and Updates Negligent Infliction of Emotional Distress as a Tag Along to Retaliatory Discharge in Tennessee	April 2014
NLRB Re-issues Its “Quickie Election” Union Voting Rules Supreme Court Gives Donning and Doffing Guidance Update on Tennessee “Guns in Trunks” Law	March 2014
Comment Period for OSHA’s Proposed Rule Extended to March 8th NLRB Update: Prohibition of Employer Rule “Walking Off The Job” Enforced in Court NLRB Update: NLRB Rules Prohibiting Class Action Waivers Again Rejected by Court Union Membership in 2014 NLRB Update: Union Fines Employee $21,000.00 for Crossing Picket Line	February 2014
Alcoholic Truck Driver Required to Remain Alcohol-Free as a Condition of Returning to Work No Re-Hire Policy of Alcoholic Driver Found to Violate Disabilities Law National Labor Relations Board Gives Up on Mandatory Posting Rule NLRB Upholds Employer Policy Prohibiting Use of Recording Devices at Work E-Verify Now Has Tools to Determine Identity Theft New Affirmative Action Rules for Veterans and the Disabled	January 2014
Tennessee Workers’ Compensation Reform Workplace Investigations: More Limitations By NLRB/EEOC EEOC’s Strategic Enforcement Plan FLSA Compliance in Depth Employer Negligence or Employee Misconduct	November 2013
Union Movement Crisis It’s Always Something: IRS Grants Employers A Reprieve With One-Year Delay of Affordable Care Act’s Employer Mandate, But Other Rules and Rulings Will Keep Employers Busy in 2014 Minimum Wage and Overtime: For Home Care Workers	October 2013
What is Sufficient Authority for One to be Considered a Supervisor Under the National Labor Relations Act? Plaintiff’s Belligerent Discrimination Complaint Warrants Fitness-For-Duty Exam Sixth Circuit Upholds NLRB’s Use of “Micro-Units”	September 2013
Obama Administration Postpones Employer Penalties and Certain Other Requirements Until After 2014 Elections Access by Union Representatives to Safety Inspections of Both Union and Non-Union Facilities How Supreme Court Gay Marriage Ruling Affects Employers Supreme Court Green-Lights Mandatory Arbitration Clauses, Forestalling Class Actions: Could Be Good News For Employers	August 2013
U.S. Supreme Court Limits Title VII Retaliation Claims U.S. Supreme Court Clarifies Title VII Sexual Harassment Standard Get Ready for OSHA’s New HazCom Rules Training Deadline: December 1, 2013 U.S. Supreme Court to Determine Legality of NLRB Recess Appointments	July 2013
NLRB Clarifies Its Position on At-Will Employment Policies DOL Issues PPACA’s Model Notice of Coverage Options; Employers Must Provide the Notice to Employees by October 1, 2013 Good News for Employers Regarding Class and Collective Actions From the Supreme Court Advance Preparation of Section 1 by Electronic I-9 Programs is Prohibited	June 2013
WLWDJ Opens Chattanooga Office Criminal Background Checks: Darned If You Do And Darned If You Don’t Working Away From Work Issue Of Applicant Rejected Due To Heavy Accent	May 2013
Immigration Solutions Gain Momentum Confidentiality Requirements for Medical Inquiries Disability Issues of What Constitutes a Medical Inquiry and Whether to Keep Responses Confidential FMLA Changes Require Employers to Post Revised Notice Employers Should Use New Form I-9	April 2013
EEOC Sets Forth Its Strategic Enforcement Plan Applying the Play or Pay Mandate to Seasonal and Temporary Employees Labor Board Members and Board Lack Authority to Rule – What Happens Next?	March 2013
NLRB Appointments Held Unconstitutional IRS Explains Shared Responsibility (Tax) Provisions on Employers Under PPACA Believe It or Not – Michigan Now Right-to-Work	February 2013
Wage-Hour Case Addresses Automatic Meal Deduction Payroll System EEOC Offers Advice to Employers on Critical ADA Issues Unions Get More Aggressive in Employer Relationships, Perhaps Based on Election Results and Improving Economy	January 2013
Avoiding Age Discrimination in Reductions in Force Tennessee Supreme Court Allows Retaliatory Discharge Claim To Go Forward, Even Though Plaintiff Signed Release Discharging “All Claims” New-Hire Guidelines: Don’t Trip As You’re Getting Off On The Right Foot	December 2012
Breakout on Employer Liability to be Presented at 2012 Conference New Developments and Strategies for Working with the EEOC A Conservative Trend in Recent Workers’ Compensation Legislation Sixth Circuit Rules Severance Payments to Involuntarily Terminated Employees Not Subject to FICA Tax Update: Medicare Reporting May be Due Within 45 Days of Settlement	November 2012
NLRB and EEOC Moving Toward Rulings That Employers Cannot Tell Employees to Keep Investigations Confidential Harassment Defendants Fight Back (But with Varying Results) Update: Employers Are Now Required to Report Settlements to Medicare in Many Cases NLRB Finds Facebook Posting That Caused Salesman’s Discharge at Chicago-Area BMW Dealership Was Not Protected	October 2012
Changes to Unemployment Insurance Law Should Benefit Tennessee Employers The Issue of Texting or Using Hand-Held Devices While Driving is Now a “Front and Center” Issue Withholding Pay for Not Returning Equipment: A Dangerous Practice NLRB Starts Website Aimed at Non-Union Workers	September 2012
The Patient Protection and Affordable Care Act Is With Us – Now What? EEOC Rules Discrimination Laws Protect Transgender Status Dreamers to be Granted Work Authorization OSHA’s Views on Discipline of Employees Who Report Injuries Wisconsin Governor Retained After State Right to Work Measures	August 2012
EEOC Issues Guidance on Employers’ Use of Arrest and Conviction Records What the Supreme Court’s Decision on Health Reform Means for Employers	July 2012
Judge Rejects NLRB “Quickie Election” Rules Employer Making Two Mistakes in Granting FMLA Leave Renders Termination Unlawful Some Employers with Insured Health Plans Will Receive Rebates this August	June 2012
Having a Sexual Harassment Policy Not Enough to Avoid Punitive Damages NLRB Poster Requirement Blocked Workplace Bullying: School Playground Behavior in the Professional Setting Should an Arrested Employee be Fired?	May 2012
Health Reform: Supreme Court Recap – Unclear Whether Future of the Employer Mandate, Other Provisions, Tied to Fate of the Individual Mandate Can a Polygraph Still Be Used To Determine Who Is Telling The Truth? Right to Work Measures Pushed In Indiana and South Carolina Employers Warned Not to Seek Too Much Medical Information Even Where Some Information Is Necessary	April 2012
Documentation That Can Get You In Trouble Supreme Court Addresses GPS Trackers and Privacy Changes In Getting Green Cards For Those With American Family Members OFCCP Proposes Goals For The Disabled	March 2012
Three Leave Policies Being Subject to EEOC Attack – Lack of Leave for New Hires, Administrative Separation Policies, and “100% Healed” Policies NLRB Pushes Through Quickie Election Rules Supreme Court Healthcare Review and Other Health Plan Developments	February 2012
An Employee or an Independent Contractor? How to Decide and How to Handle Past Misclassifications NLRB Drops Case Against Boeing Retaliation Now the Most Common EEOC Charge	January 2012
EEOC Officials to Participate in Panel Discussion at 2011 Conference Unemployment Claims – Tactics and Strategies Practical Strategies to Defend Workers’ Compensation Claims Legislative Developments in Workers’ Compensation	November 2011
Facebook Issues Bring Labor Board Interest Employers Must Post NLRB Notice Under Final Labor Board Rule EEOC Issues Opinion Letter Dealing With Electronic Medical Records	October 2011
Attacks on No-Fault Attendance Policies – Employers’ Worst Nightmare Arrival of the Tennessee Lawful Employment Act of 2011 OSHA Wins Subpoena Battle, Insurer Forced to Disclose Damaging Report PPACA (Healthcare) Update: Applications for Annual Limit Waiver Must Be Submitted By September 22, 2011	September 2011
Employers Dodge A Bullet – Plaintiff Class Actions Become Unlikely Labor Board Proposes Rule For “Quickie” Union Elections To Assist Union Organizing New DOL Rule Attempts to “Gag” An Employer in Union Organizing Campaigns	August 2011
Supreme Court Upholds Arizona State E-Verify Mandate and Other Immigration Developments What Employers Should Do In Response To The ADAAA and Implementing Regulations Study Finds Thirty Percent of Employers To Drop Healthcare Government Agencies Agree to Avoid Overlap in Enforcement	July 2011
Understanding and Complying with the New ADA Disability Regulations FLSA Whistleblower Protection Not Limited to Written Complaints	June 2011
Supreme Court Addresses Cat’s Paw Theory of Discriminatory Input from Supervisors Health Reform Update: April Sees First Repeals of PPACA Provisions; Guidance Issued on W-2 Reporting Requirement and Anti-Abuse Rules for Grandfathered Plans Wage & Hour Enforcement of Motor Carrier Exemption: Administrator Will Require Week-By-Week Determinations Navigating Unemployment Claims	May 2011
Civil War Rages in States Over Unions and Budget Cuts Reasonable Break Time and Area for Nursing Mothers 2011 Income Tax Credit for Continuing to Employ Persons Hired in 2010 EEOC Sues Employer Over Random Alcohol Tests EEOC Addressing Discrimination Against Unemployed	April 2011
Immigration Update on Enforcement Policies and Employer I-9 Audits Does the Retaliation Concept Under Title VII Extend to One’s Relative or Significant Other? OSHA Withdraws Proposed Rule on Repetitive-Motion Disorders More Employers Changing Fixed Termination Dates for Leaves of Absence Whether the Same Racial Slur Standard Applies to All Races	March 2011
Employer Accused of Racist Firings Establishes Defamation Case Against Protesters Health Reform Update: Challenges to Healthcare Law Continue Obama Ordered Review of Federal Regulations EEOC Issues Final GINA Regulations OSHA Makes New Push for Engineering Or Administrative Controls Over Noise Rather Than PPE Employee Downloads Numerous Documents From Employers Computer While Secretly Working for Competitor	February 2011
Changes are Occurring in New Healthcare Law Implementation ICE Enforcement Targeting Employers to Continue Until Immigration Reform is Reached New Posting Rule For Private Employers	January 2011
Election to Change Labor and Employment Agenda NLRB Issues New Policy on Reinstating Union Organizers Can An Employer Revoke An Accepted Job Offer? Woman Sues Employer Over its Gun Policy IRS Releases Draft W-2 Form for 2011; Defers Requirement for Employers	December 2010
EEOC Officials to Participate in Panel Discussion at Conference Latest Developments in Tennessee Workers Compensation Law Healthcare Reform – Effects and Strategies for Employers Social Media in the Workplace – Problems and Cures	November 2010
States and Feds Fight Over New Healthcare Law Federal Appeals Court Finds Local Immigration Laws to be Preempted and Thus Void Hewlett-Packard Sues Oracle Claiming Its CEO Can’t Work for Oracle Because of Confidentiality Agreement Administration Pay-Backs to Organized Labor	October 2010
Health Care Regulations Defining Grandfathered Plans Create Urgent Need for Employers Planning on Healthcare Changes Supreme Court Issues New Employment Privacy Ruling Military Leave – It May Be Longer Than You Think	September 2010
Quirks In Leave of Absence Policies Can Lead to Expensive Litigation Employers’ Increasing Use of Credit Checks Generates Legal Issues Employer Turns Tables on Independent Contractors Claiming to be Employees OSHA Withdraws Long Standing Noise Directive and Moves More Aggressively on Noise Issues	August 2010
Pay Discrimination Class Action Cases Snare Employers Union Update OSHA Inspection Warrant Quashed; Agency Rebuked for Exceeding Bounds Early Retirees Healthcare Supplement Available Now Healthcare Reform Update	July 2010
Tag, You (Employer) Are It! Social Media in the Workplace	June 2010
Implementation Time Line for Health Care Reform Labor Board Now Has Three Union Lawyers and One Republican	May 2010
We Can Help! U.S. Dept. of Labor, Wage and Hour Division EEOC Proposed Regulations on “Reasonable Factors Other Than Age” Defense OFCCP Government Contractor Audit Shows Trends in Enforcement Spike in Male Sexual Harassment Claims Employers Should Plan for More COBRA Subsidy Extensions	April 2010
Firm Changes Name to Wimberly Lawson Wright Daves & Jones, PLLC Defense Spending Legislation Expanded Military FMLA Leave Department of Labor Publishes Answers About Employee Hours and Pay Reductions Correcting Employee Misclassifications Under the Wage-Hour Law Does Your Health Plan Comply with Mental Health Parity Laws? Wellness Programs and Employee Health Risk Assessment	March 2010
Here Comes Healthcare Expansion New Law Extends COBRA Subsidy and Requires New Notices	February 2010
EEOC Issues Memorandum on Waivers of Discrimination in Employee Severance Agreements ICE Sends Out 1000 New Workplace Audit Notices and Explains its Audit Process Genetic Law Ban Went Into Effect in November Sexual Stereotyping Found Where Male Discredited in Harassment Case There are Two Advantages to Recession – Cost of Living Drops and Health Improves	January 2010
Employers Increasingly Being Sued Over Inflexible Leave Policies Interesting Sex Harassment Cases Involve Admissibility of Plaintiffs Provocative Clothing, and Alleged Sexual Relationship on the Part of Higher-Ups November Elections and the Healthcare Bill	December 2009
The “Honest Belief” Rule Update on Immigration Issues	November 2009
DHS Issues Proposed Regulation Rescinding No-Match Rule Democrats Make Card-Check Compromises to Encourage Passage The Problem with Blackberries	October 2009
Supreme Court Issues a Major Decision on Conflict Between Affirmative Action for Minorities Versus Discrimination Against Others Employer Lawfully Terminates Employee for Secretly Tape Recording Conversation with Supervisor Whether an Employer May Use Police Polygraph Test Results Is the Witness Lying? – Experts Debate the Truth High Court Clarifies What “Because Of” Age Means	September 2009
Initial Regulations Published on New Genetic Discrimination Law EEOC Preparing Broad Interpretation in Favor of Disability Coverage Hot New Developments in Immigration Compliance	August 2009
Obama’s First 100 Days and Labor and Employment Changes Dealing with Swine Flu and Related Maladies DHS Announces New Worksite Enforcement Strategy	July 2009
Union Can Waive Employees’ Right to Sue in Court for Discrimination EEOC Looking at Employer Use of Criminal and Credit Histories DC Court Invalidates NLRB Rulings for All of 2008: Administration Appoints Two Union Attorneys to NLRB Issues Over the Bonus Turmoil Employee Lawfully Fired for Concealing Prescription Drug Use	June 2009
Union Card-Check Law Reintroduced, Opposition Mounts Unions Discussing Possible Reunification with AFL-CIO New COBRA Notices Due April 18, 2009 Poor Economy Leads to Increased Discrimination Charges and Litigation	May 2009
New Year Brings New Rules to Employers, and Also Prospects for More Severe Employment Restrictions COBRA Changes in Stimulus Bill	April 2009
Employer May Not Retaliate Against Employees For Their Participation in Internal Discrimination Investigations President Obama Signs First Law: The “Lilly Ledbetter” Act an Evergreen Statute of Limitations for Discriminatory Pay Claims Changes in E-Verify, I-9’s, and Other Immigration Enforcement Plans	March 2009
Employers Deal with Legal Issues Arising During Layoffs OSHA Adopts Final Rule on PPE Provision and Training: Potential Liability Tremendously Increased Mandatory E-Verify Requirement for Government Contractors Postponed; Ruling on No-Match Social Security Letters to be Delayed; and New I-9 Forms Delayed Again	February 2009
How To Comply With The New FMLA Regulations	January 2009
Are You Ready for the “New” ADA January 1? Anti-Discrimination Laws Do Not Require Questions and Processes be the Same for All Applicants New Presidential Administration: “What Does it Mean?”	December 2008
What the Courts Narrow, the Legislature and President Expands: “The New ADA Law” Does Worker’s Comp Apply to Telecommuters Working at Home?	November 2008
EEOC Issues New Religious Discrimination Guidelines Effect of Supreme Court Ruling that the Constitution Protects an Individual’s Right to Keep and Bear Firearms Is Employer Obligated to Disclose Abnormal Medical Results to Employee? U.S. Supreme Court Backs “Employment-At-Will” Some Employers “Fight” Rather Than Settle	October 2008
NLRB Takes Position on Workers Who Participate in Political or Pro-Immigration Demonstrations Courts Expand Definition of Disabilities in Advance of ADA Amendments Interstate Transportation Exemption from Overtime Narrowed Plaintiffs’ Lawyers Have Difficulty Representing Undocumented Immigrants Steelworkers and European Union Create Global Union	September 2008
Supreme Court Issues Two Age Discrimination Rulings Discipline of Employees For Off-Duty Smoking or Other Lawful Activities State Law Prohibiting Funds to Deter Organizing Pre-empted by Labor Act	August 2008
Supreme Court Issues Two Pro-Plaintiff Employment Retaliation Rulings Reliance Upon Clinics for Healthcare Needs Plaintiffs’ Lawyers Sometimes Take “Hit” Ads Preferring Older Workers Now Allowed by EEOC OSHA Primer for Employers	July 2008
Genetic Discrimination Law Bill Becomes Law Employer May Discharge Employee for Exceeding FMLA Cap New EEOC Rule Allows Reduction in Health Insurance Benefits for Retirees 65 and Older Advice Given to Faith-Based Employers But DNA May Be Useful in Civil Cases	June 2008
Status of Revised DHS No-Match Rules Can An Employee Be Discharged for a Combination of Unexcused and FMLA Absences? Is Mandatory Retirement Ever Lawful? Disabled Worker Raises Claim of Frequent Bathroom Breaks Update on Pending Federal Immigration Legislation	May 2008
New FMLA Regulations Proposed Supreme Court Rules on Evidence of Discrimination Against Employees Other Than Plaintiff	April 2008
Employer’s Harassment Policy With Numerous Avenues for Reporting Harassment Established Defense NLRB Issues Important New Decision on E-Mail Policy and Exceptions to Solicitation Rules Accommodation for Sunday Morning Services Loss/Theft of Employee Personal Information	March 2008
Update on No-Match Letters and Ice Enforcement Employee Blogging What is a Reasonable Harassment Complaint Procedure? Perspective – Recent Labor Settlements Provide Dramatic Changes	February 2008
Employer Payment for Personal Protective Equipment Must Be Implemented by May 15, 2008 FMLA Coverage Required Where Implied in Employee Handbook Collective Decision Making Less Susceptible to Discrimination Liability Trends to Watch for in 2008 Cost of Regulations Perspective – What Is “Caregiver” Discrimination?	January 2008
Recent Changes to the I-9 Form Requirements and the Voluntary E-Verify Program Use of Different Rates in Calculating Overtime Doesn’t Violate Wage-Hour Law How to React to Reports That You May Have Illegals In Your Workforce	December 2007
Important Ruling Against DHS No-Match Regulation Creates Dilemma Abusive Union “Card-Check” Agreements Suffer a Setback Minimum Time Period for Lunch, and Use of Time Clock for Lunch Breaks Employer Faces Litigation for Cooperating with Police Lie Detector Testing Discharge of Female of Pair Having Affair Upheld by Court Strategy on Dealing with No-Match Letters in the Future	November 2007
Employer May Reassign More Qualified Employee Even If Disabled Employee Wants Vacant Job EEOC Issues Opinion On Use of Fitness Tests for Job Promotions Court Finds Sex Discrimination Over Employer’s Use of Pre-Employment Strength Test Improving The Hiring Process	October 2007
Final DHS Social Security No-Match Regulation Issued Comments On New DHS Mis-Match Regulation	September 2007
Minimum Wage Change Takes Effect Confusion Also Arises Due To Varying State Wage-Hour Laws and Exemptions Immigration Reform Defeated The Senate Also Deals A Fatal Blow To Union Organizing Bill – For Now Supreme Court Rules When Employees Must Claim Discrimination In Pay Union Organizers Attempt to Form Own Union, In The Firm’s Recent Election Win	August 2007
President and Senators Compromise On Comprehensive Immigration Reform Alternatives and Tips On Handling Social Security Mis-Match Letters	July 2007
Virginia Tech Tragedy Creates Dilemma for Employers Recent Case Raising Similar Issues for Employers Employee Discharged for Not Cooperating With Employer Regarding Her Harassment Complaint EEOC Conference Discusses Imus Case	June 2007
Wal-Mart Faces Biggest Class Action In History Payroll Check Fraud and Use of Direct Deposits Create Legal Issues Considerations In Designing A Wellness Program	May 2007
“Sign Up For Union” Bill Passes House Union Membership Drops Furnish Impetus For Labor Bill Genetic Discrimination Bill May Pass Congress As Well Employers Need To Plan Overadjustments For Minimum Wage Changes Bank One Settles Administrative Separation Case With EEOC for $2.2 Million	April 2007
Eavesdropping on Private Employee Telephone Conversations Gets Employer In Trouble Coca-Cola Case Reminds Employers of Confidentiality Policies and Procedures Legal Aspects of Health and Wellness Programs	March 2007
Whats Ahead For Legislation in 2007 Immigration Enforcement Status Update The Background to the Swift Raids Comments and Observations From Swift Raids and Current ICE Enforcement Policies	February 2007
New Rules Changes Require Defendants To Preserve Evidence Making Up Lost Time Does Not Destroy Exempt Status Investigatory Techniques Bring Down Top Management of Hewlett-Packard News From EEOC and OFCCP How Much Do Companies Spend on Litigation	January 2007
Democrats Win To Affect Minimum Wage, Immigration and Labor Vacation Pay Alert Severance Pay Alert	December 2006
DOL Study Finds That ADA Accommodations Cost Little Majority Of House Of Representatives Backs Union Card-Check Bill Some Cases Support Management Rights In Handling FMLA Leave Everybody Loves A Good Party – But Avoid The Liability “Part” Of The “Party”	November 2006
Females Recover For Inadequate Protective Clothing and Inadequate Shower and Restroom Facilities Another Bathroom Issue Involves Transsexual Is There An Obligation To Report Employees’ Dangerous or Criminal Activity To Others? State Legislatures Address Prohibition of Guns on Company Property	October 2006
Inside INS In-House Company Attorneys Urge Liberal Application	September 2006
Overreacting to Social Security Mismatches Gets Employers in Trouble Supreme Court Interprets Retaliation Provisions Broadly To Go Beyond Those Related to Employment or That Occur at The Workplace	August 2006
Immigration Update	July 2006
Employee’s Deletion of Computer Files Violates Computer Fraud Law State Laws Having Significant Impact on Health Insurance Whether Your Job Rotation is Essential Function, Held To Be a Jury Question Homeland Security’s Immigration Enforcement Strategy Affect Employers	June 2006
Business Planning Required for Avian Flu Immigration, Politics, and Strange Bedfellows Addressing the National Hispanic Boycott	May 2006
Supreme Court Finds Use of Term “Boy Shows Discrimination New EEO-1 Forms Effective In 2007 OFCCP Issues Rules On Internet Applicants EEOC Insider Explains Agency Procedures OFCCP Wants To Eliminate Equal Opportunity Survey	April 2006
Labor Department Issues Final Regulations on Rehiring Veteran Responsibilities Employee Membership Groups Are Expanding Gallup Polls Percent of Workers Experiencing Discrimination	March 2006
Supreme Court Addresses When The Work Day Starts Discharge of Employee for Lying During Harassment Investigation	February 2006
Abusive Remarks Do Not Have To Be Sexual to Create Sex-Based Hostile Environment Manager Has Repeated Seizures, Requests Employer Provide Transportation – What To Do Should I Be Concerned About Avian Flu?	January 2006
Diversity Training In U.S. Expands Minimum Wage Increase Comes Before Congress Demands For Labor Givebacks And Retiree Cuts To Increase Wal-Mart Changing National Standards, And Even The Economy	December 2005
Employer Deals With Work Stoppage Of Non-Union Hispanic Employees Developments In Competitive Employee Benefits Electronic Record Keeping Now Complete With Changes Allowing Electronic I-9’s Changes In Positive Workplace Drug Tests Reported	November 2005
Consensual Affair With Boss Brings Sex Harassment Rulings Seemingly Harmless Nickname Creates Harassment Issue Uncontrolled Diabetes Found To Be Direct Threat To Plant Safety New Unemployment Benefit Rules More Strict New Overtime Regulations Result In An Increase In Lawsuits What Really Caused The AFL-CIO Split?	October 2005
Personality Tests For Promotion May Violate ADA Discussing Disability Issues With Current Employees Employer May Prefer Bilingual Person Without Discriminating Dealing with Subpoenas For Protected Health Information OSHA Rejects Challenges To Its Ergonomics Guidelines	September 2005
Longer Military Tours Create New Issues Wal-Mart Pays $11 Million For Illegal Workers Even Asking Employee To Voluntarily Take Polygraph Violates The Law Sources Of Information For Background Checks	August 2005
Is E-Mail Sufficient Legal Notice For Employees? Who Was Right About The New Wage-Hour Regulations? Supreme Court Ruling On Policies Adversely Affecting Older Workers Warrants Attention “Confederate Southern-American” Loses National Origin Claim EEOC Regulation Allowing Termination Of Retiree Benefits Upon Eligibility For Medicare Ruled Invalid	July 2005
Supreme Court Says Unintentional Age Discrimination Illegal “Disorganized” Labor Makes Plans After Continuing Membership Declines Boeing CEO’s Resignation Raises Workplace Romance Issues What Is The “Cat’s Paw” Theory Of Employment Discrimination?	May/June 2005
Drug Test Fraud Causes States And Employers To Respond What Happens When an Employer Conducts a Background Check on an Employee Who Has Filed an EEOC Charge Bullets to Dodge Under New White-Collar Exemptions Conflicting Benefit Plan Documents Resolved in Favor of Employee	April 2005
Firing Non-Union Worker Who Asks For Witness May Violate Labor Act Benefit Plan Not Effective Until Formally Adopted According to Plan Procedures Safety a Higher Priority for Employees Is a “Nasty” Employee Protected Under the ADA? Employers Using Corporate Chaplains	March 2005
NLRB Rules On Lawfulness Of Employer’s Work Rules Department of Labor Supports Employer Response to Monday and Friday Absences ADA Does Not Permit Disclosure That Co-Worker Has Communicable Disease Employers Praise EEOC Mediation, But Few Participate Settlement Offer Or Extortion – Inquiring Minds Want to Know	February 2005
How Employers Deal With Unprecedented Misconduct SHRM Surveys Employer Medical Leave and FMLA Policies Courts Support Workplace Drug Testing Programs Department of Labor Also Surveys and Considers Changes in the Family and Medical Leave Act NLRB Limits Temp Workers in Union Bargaining Units Average Plaintiffs’ Verdict Increases Head Nod Expressions as Admission of Guilt Graffiti Must be Quickly Addressed Layoffs and Statistics – Damned If You Do and Damned If You Don’t Effects of Four More Years	January 2005/December 2004
Out sourcing Off-Shore Gets Controversial State Laws Affect Wage- Hour Changes Also Employers Must Exercise Care in Job Offers Survey Reveals Top Litigation Concerns, Number of Cases Courts Disagree Whether Employers’ Attendance Notice Policy Trumps FMLA	November 2004
Overtime Rules Have Clocked In Employers’ Diversity Efforts Failing New Targeting Plan for Government Contractor Compliance Announced Labor Day Review of Union Plans	October 2004
Same-Sex Unions Create Legal Quagmire For Employers Are You Ready For The Implementation Of New Wage and Hour Regulations? Workers Caught With Weapons On Property May Be Fired, Court Rules “Going Postal” Requires Government To Radically Change Handling Violence Benefit Plan May Be Amended To Benefit One Employee Employers Receive Relief On Pension Contributions	September 2004
Non-Union Employees No Longer Have Right To Representation At Employer Interviews Employer’s Right to Investigate Also Expanded in Recent Credit Act Changes Supreme Court Rules on What a Constructive Discharge Is National Class Action Against World’s Largest Employer	August 2004
Religious Accommodation To Diversity Policies Cases Increasing Over Differences in Harassment Discipline Victims of Domestic Violence Not Protected from Discharge Improving Economy to Test Employee Loyalty	July 2004
Wage And Hour Issues New White Collar Exemption Regs Wage and Hour Issues New White Collar Exemption Regs	June 2004
Discharge Of Alcoholic Shows Narrow Interpretation Of ADA New Federal Notice Requirements for Unionized Government Contractors Supreme Court Says Employer Can Favor Older Workers Perspective of Fairness Critical in Minds of Jurors	May 2004
A Layman’s Guide To Beginning HIPAA Compliance HIPAA Compliance Checklist; HIPAA Practical Advice HIPAA Special Issues	April 2004
Catching Employees Who Misuse Leave Use of EEO-1 Forms in Discrimination Litigation Progress on EEOC’s Mediation Program Update on Affirmative Action and Pay Surveys Update on Social Security No-Match Letters	March 2004
Abuse Of Corporate E-Mail Systems By Spam Hazardous Chemical Update Former Employee’s Claim of Defamation and Black-Listing Rejected One-Fifth of Women Report Being Sexually Abused Issues Regarding Withholding from Final Paychecks	February 2004
Can You Discharge A Worker On Workers’ Comp? Wal-Mart Facing Immigration and RICO Lawsuits Are Undocumented Workers “Employees” for Workers’ Compensation? Proving Training Takes On New Importance in EEO Cases	January 2004