News

Chattanooga-based law firm Miller & Martin PLLC recently selected John R. Bode to chair the firm’s Labor & Employment department and John Y. “Jay” Elliot III to assume the role of department vice chair. "We are delighted to have each of these talented individuals serve as leaders of our firm. Their depth of expertise and dedication to outstanding client service will greatly support the continued success of the firm," said Miller & Martin Chairman Jim Haley. Read more in the Cleveland Daily Banner.

Since Gov. Bill Haslam asked during the 2012 legislative session that major changes in workers' comp be delayed until 2013, a lot of work has been done on it, columnist Tom Humphrey writes. Among recommendations made by consultants retained by the state is a proposal, broadly embraced by business groups, that would take trial courts out of the system. Haslam says he is looking at that option "real seriously" and it would be a significant overhaul. The consultants propose creation of "ombudsmen" in each region — 31 is a suggested number — to try and resolve claims through mediation. If there's still a dispute, the case would go to "workers' compensation judges" — about 20 — overseen by a "chief judge." The Knoxville News Sentinel has more

After weeks of debate, the Memphis City Council approved on third and final reading the non-discrimination city ordinance that includes an amendment prohibiting discrimination based on sexual orientation or gender identity, the Daily News reports. The council also approved a resolution that the city’s personnel director cannot consider sexual orientation or gender identity in personnel decisions.

Gov. Haslam said this week that he has not made a final decision about what to include in a workers’ compensation reform package and is weighing all options, but revealed that he is seriously considering removing disputes from the court system. Outside consultants recently submitted a report to the Tennessee Department of Labor and Workforce Development suggesting the same idea. The Nashville Business Journal has the story.

September data, released Friday by the U.S. Bureau of Labor Statistics, shows that 5,900 more people are employed in the legal sector now than were at the same point last year, and that the industry has seen a net gain of 2,900 jobs since the start of 2012. Friday's report raises the total number of people employed in the legal sector above 1.12 million, a figure that -- with the exception of July 2012 -- the industry had not reached since July 2009. Prior to the onset of the global financial crisis in 2008, the legal industry regularly employed roughly 1.17 million people. The AmLaw Daily has more

Gov. Bill Haslam reportedly is gearing up for workers' compensation reform, saying he plans to propose legislation on the issue while drawing on a new report that makes a range of recommendations. The report, just released by the Tennessee Department of Labor and Workforce Development, recommends a "structural" change to the state's system, largely moving it out of the courts and altering a range of legal definitions. The Nashville Business Journal has more.

American Bar Association President Laurel Bellows will keynote the Nashville 2012 Economic Summit on Women on Oct. 22 and appear at a reception the night before. The Summit is sponsored by the Tennessee Economic Council on Women, and will be held at the Nashville Airport Marriott. Bellows will join two other headliners: Lilly Ledbetter, responsible for the Lilly Ledbetter Fair Pay Act, and Deb Sofield, an executive speech and presentation coach. For information, contact Jane Powers.

Former University of Tennessee Lady Vols media director Debby Jennings has filed a lawsuit against the school and athletic director Dave Hart, saying that she was forced to retire because they wanted to remodel the athletic department as a “good ol’ boys” club while replacing her with a younger man. Jennings, who had been with UT for 35 years, filed the suit Thursday with the U.S. District Court for the Eastern District of Tennessee. The Tennessean has the story

The Tennessee Supreme Court has reiterated that workers’ compensation lawsuits can be filed only after the state has officially declared that a formal review could not resolve the differences between employer and worker, according to the Nashville Post. The case in question stemmed from an employee who filed a suit two minutes before a Department of Labor workers’ comp specialist documented an impasse between the parties. Despite the difference in the time stamped on the two documents, the chancery court allowed the case to go forward based on plaintiff’s attorneys affidavits that the suit was filed after they received a copy of the state’s report. The high court said that was not sufficient and called on the legislature to address “the undignified spectacle of literally racing to secure perceived procedural advantages” in workers’ comp cases, and while doing so to also "resolve the issue of nonsynchronous clocks.”

Knoxville lawyer David Burkhalter has asked the University of Tennessee to preserve all documents and e-mails concerning Associate Athletics Director for Media Relations Debby Jennings as she considers a possible discrimination/retaliation action. Jennings says she was forced to retire last week when the university's men's and women's athletic departments were combined. Jennings has worked with the Lady Vols and Pat Summitt for 35 years. WBIR reports

While public employees are allowed to speak as citizens on matters of public concern, U.S. District Judge Raymond Jackson ruled that clicking Facebook's “like” button did not amount to expressive speech. In other words, it’s not the same as actually writing out a message and posting it on the site. The meaning of the word "like" in this context played a part in this Virginia case involving six people who say Sheriff B.J. Roberts fired them for supporting an opponent in his 2009 re-election bid, which he won. The workers who had "liked" the sheriff's opponent, sued, saying their First Amendment rights were violated. Jackson dismissed the workers' claims, granting summary judgment to Roberts. The First Amendment Center has this AP story

A House committee voted Tuesday to kill a guns measure that has pitted firearms advocates against business groups. The bill, backed by the National Rifle Association, allows anyone with a handgun carry permit to store loaded guns in vehicles parked on company lots — regardless of employers' wishes. The committee voted 15-8 to send the measure to a summer study committee. Advocates of the bill, however, are pushing for a floor vote despite the move. The Tennessean has details