News

Suit Challenges New Overtime Rules

More than 50 business groups and 21 states have filed suit in the Eastern District of Texas to stop new overtime rules imposed by the Department of Labor. The suit alleges that the department unconstitutionally overstepped its authority when it established a federal minimum salary level for white collar workers. The rule, set to go into effect Dec. 1, doubles the salary threshold under which workers qualify for overtime pay, from $455 per week to $913 per week. The Labor Department estimates the rule will impact an additional 4.2 million workers. KIII-TV 3 of South Texas has the story.

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CLE SKI Set for Jan. 22-27 in Snowmass

Mark your calendar for the 32nd Annual TBA CLE SKI, being held Jan. 22-27, 2017, at the Stonebridge Inn in Snowmass, Colorado. Participants will be able to attend CLE sessions each morning and afternoon with plenty of time to hit the slopes in between programs. Topics will cover entertainment law, social security disability, updates on labor and employment law, ethics and a U.S. Supreme Court case review.

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UT Names Panel to Investigate Title IX Programs

The University of Tennessee will pay four attorneys $45,000 each plus expenses to serve on an independent commission to evaluate the school’s Title IX programs, Knoxnews reports. The move comes on the heels of a federal lawsuit settled in July that accused the university of maintaining a “hostile sexual environment.” School officials said they hope to keep the cost of the commission under $250,000. The group, recruited by Nashville attorney Aubrey Harwell – a founding partner at Neal & Harwell – includes Stanley Brand with Akin Gump Strauss Hauer & Feld in Washington, D.C., Nashville lawyer Bill Morelli, Elizabeth Conklin with the University of Connecticut, and Janet Judge, president of Sports Law Associates. A final report is expected in six months.

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VW Challenges NLRB Union Ruling

Volkswagen last week challenged a National Labor Relations Board (NLRB) ruling allowing a small group of skilled-trades workers who maintain and repair machinery to be represented by the United Auto Workers union. The board had ruled that Volkswagen was engaging in unfair labor practices by refusing to bargain with the union. The car maker has argued that labor decisions should be made by the plant’s entire workforce of 1,400 hourly employees. That group narrowly rejected UAW representation in 2014. Knoxnews has the AP story.

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Legal Aid Reports $23M Impact on Middle Tennessee

The Legal Aid Society of Middle Tennessee and the Cumberlands has tallied its annual impact on the region and found it provided $23.3 million worth of free legal assistance in 2015 – a 2.6 percent increase over 2014. The group also reported that it handled 7,022 cases across its 48-county service area; organized 76 free legal clinics, which served 1,447 attendees; coordinated 733 free legal educational seminars with almost 29,400 attendees; and distributed 64,607 self-help brochures. The agency this year also launched a re-entry program that helps people with criminal records deal with civil legal issues such as fairness in housing, employment and health care. Read more from the agency’s year-end report.

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Court to Consider Judicial Employment

The Tennessee Supreme Court this week decided to hear a case that could affect state employees in judicial offices across the state, the Nashville Post reports. At issue is the case of Judith Moore-Pennoyer, a former judicial assistant in Knox County Circuit Court, who was fired by Judge Bill Ailor after he was elected in 2014 but before he was officially sworn in. The court will look at that issue as well as whether judicial assistants are “at-will employees” that can be fired at any time and whether their jobs are secure only so long as the judge who hired them remains on the bench. The trial court and the Tennessee Court of Appeals have sided with Moore-Pennover that her firing was illegal.

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State Employees Group Calls for End to Private Prisons

The association representing state employees is calling on Tennessee to stop using private prisons, a move that comes a week after the U.S. Department of Justice announced it would end its contracts with private prison operators. It is a new issue for the Tennessee State Employee Association, which has typically focused on issues involving working conditions and compensation. The group, which represents correctional officers and other state employees, argues there is “simply no good reason to continue paying a private prison company that provides an inferior product, lower levels of safety and security, and debatable cost savings for the public.” The Tennessean has the story.

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Northern Virginia Law Firm Opens Nashville Office

The northern Virginia Spiggle Law Firm has opened an office in Nashville, founder Tom Spiggle announced today. The employment law firm in the Washington, D.C., area focuses on wrongful termination and pregnancy and family-care discrimination in the workplace. The new office is being led by Phillis Rambsy, a Jackson native. An employment law attorney, Rambsy has worked at law firms in Tennessee, Kentucky, Washington and Maryland. The office is located in the UBS Tower at 315 Deaderick St., Suite 1550, Nashville 37238 and can be reached at 615-647-8952. Read more in this press release from the firm.

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Wearable Technology that Monitors Workers Could Lead to Legal Problems for Employers

Employers are outfitting workers with wearable technology to track inventory, map routes through warehouses, monitor employee interactions and keep truck drivers awake.

But lawyers see potential legal complications as wearable technology becomes more common in the workplace, the Washington Post reports. The ABA Journal has more on the story from Debra Cassens Weiss.

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Lawyers Sought for Women’s Empowerment Conference

Volunteer lawyers are needed for an upcoming Women’s Empowerment Conference organized by Women Overcoming Many Battles Ministries, a faith-based nonprofit that seeks to help women overcome life’s challenges. The conference will take place July 30 from 10 a.m. to 1 p.m. at Mt. Lebanon Missionary Baptist Church in Nashville. Attorneys are needed to lead 15-minute presentations on child support enforcement and wrongful eviction and participate in a general question and answer session. Lawyers also are needed to provide brief legal advice in one-on-one meetings with the women. Those interested in helping should contact AOC Pro Bono Coordinator Patricia Mills

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Letter from the Editor

Here’s the latest newsletter from TBA’s Labor and Employment Section.  I want to thank this issue's authors for their insightful articles – Greg Grisham (a regular contributor), Brad Harvey, Megan Walton and Jeb Garth. If you have an article, I urge you to e-mail me at bbuchanan@sblimmigration.com.

Bruce Buchanan

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Letter from the Chair

It is a sincere honor and privilege to serve as this year’s chair of our L&E Section.  Please join me in congratulating our outgoing chair, Michael Russell, for a job well done.  We had planned to present Michael with a bottle of Chattanooga Whiskey Company’s 1816 Cask at the section’s annual meeting in May, but, alas, the executive council got a bit carried away in its effort to ensure the hooch’s quality.  In any event, thanks Michael. We owe you one.

I’d also like to thank Bruce Buchanan for his continued willingness to serve as the editor of the section’s newsletter.  Bruce does a great job (as can be gleaned from the current version), and he is always looking for articles of interest. As such, please contact Bruce if you would be willing to offer a contribution to the “next” newsletter.

As most of you likely appreciate, our L&E Section has, over the years, grown to be one of the association’s largest sections, tallying approximately 700 members.  Its newsletter and annual meeting (providing six entertaining hours of CLE) are always well received/attended. My primary goal as this year’s chair is “not to screw things up.” With that goal now memorialized, I also hope to expand the section’s assistance – assistance to its members, assistance to the legislative and judiciary branches, and assistance to the public at large.  (I also like helping small animals, but my vision in that regard is still clouded by the whiskey.)

Seriously though, to reach any of the above goals, the section needs your help. Please don’t hesitate to reach out to me (or any member of the section’s executive council) with your thoughts (including any constructive criticism). Also, be sure to check out the section’s webpage, as it has an impressive amount of valuable information. 

It should be a great year.

John R. Bode,

Chair


*John is the longtime chair of Miller & Martin’s labor and employment department, working out of its Chattanooga office.  He’s married, and he and his wife have one daughter and one dog.       

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UT Facing Costs of $3M for Title IX Suit

The University of Tennessee will spend roughly $3 million to settle a federal lawsuit alleging that the school allowed a “hostile sexual environment” and violated Title IX in its response to sexual assault cases, especially those accusing student athletes. The amount includes a $2.48 million payment to eight plaintiffs and legal fees to their lawyers, and more than $500,000 to the Nashville law firm Neal & Harwell, which represented the university in the matter, Knoxnews reports. The settlement was announced July 5.

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New Harassment Policy in Place for Officials, Staff

Tennessee House Speaker Beth Harwell, R-Nashville, has announced the immediate implementation of a new workplace harassment policy for the Tennessee General Assembly. The new policy expands the current focus on sexual harassment to include all workplace harassment and includes for the first time a transparency component, which will require that a public report be issued for any elected official or staff member found to be in violation of the policy. The new policy is the result of recommendations from a committee appointed by Harwell. Humphrey on the Hill has more from speaker's office and a link to the policy.

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Corporate Counsel Courses Now Online

Did you miss the 2016 Corporate Counsel forum? Good news, you can now stream high-quality online videos from the program on our website. Sessions cover ERISA and ACA litigation updates, new federal overtime rules, OSHA investigations and recent developments in employment law.

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Court Will Not Rehear Union Dues Case

The U.S. Supreme Court on a 4-4 vote declined to rehear a challenge by California teachers to a ruling that a union’s “fair share” agreement with the state did not violate their constitutional rights. The teachers had urged the court to hold the case until a ninth justice was confirmed and seated, but the court denied the petition for rehearing without comment. Legal counsel for the group said it was disappointed in the court’s action but “will look for opportunities to challenge compulsory union dues in other cases.” Bloomberg BNA has more on the case.

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Mississippi Religious Objections Bill Blocked

A federal judge ruled yesterday that Mississippi clerks cannot cite religious beliefs to avoid issuing marriage licenses to same-sex couples, the Associated Press reports. The ruling blocks the state from enforcing part of a religious objections bill that was supposed to become law Friday. State officials indicated they likely would appeal the decision to the Fifth Circuit Court of Appeals. News 5 has the story.

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Court Still to Rule on Most Controversial Cases

The U.S. Supreme Court issued five decisions Monday, including rulings (1) upholding a patent review procedure known as inter partes review, which has been used by Apple and Google to invalidate patents; (2) directing lower courts in Alabama, Louisiana and Mississippi to re-examine three convictions for evidence of racial prejudice in jury selection; and (3) directing the U.S. Labor Department to do a better job of explaining why it is changing a longstanding policy on whether certain workers deserve overtime pay. With just one week left in the court’s current term, however, the most contentious cases still need to be resolved, including regulation of Texas abortion clinics, the use of race in college admissions, the legality of the president’s immigration executive orders, and the public corruption conviction of Virginia’s former governor. WKRN looks at the remaining cases.

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Columnists Cover Elders, Recording Employees and Coffee, Milk and Sugar

This month's Tennessee Bar Journal columnists cover a lot of ground: Monica Franklin writes about "Protecting Older Adults from Financial Exploitation: Proposed Federal Laws and Regulations." Edward Phillips and Brandon Morrow explore the issues of one employee recording another's harassment in "O, That Mine Enemy Would Record Me With Her Smartphone." Humor columnist Bill Haltom handles a hot topic with a cold outcome -- a recent lawsuit involving too much ice in Starbucks coffee. The Hon. Creed McGinley reviews Haltom's new book, Milk & Sugar: The Complete Book of Seersucker. Read the review, then come to the TBA Convention on Thursday to have the book signed, following the CLE, "Seersucker and Civility: How to Dress and Behave Like a Lawyer."

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Learn About New Overtime Rule in 1-Hour Webcast

Nashville attorneys Stanley Graham and Andrew Naylor, both of Waller Lansden Dortch & Davis LLP, will explain the new federal overtime rule in a one-hour webcast CLE on June 28 at noon CST. The changes include increasing the minimum salary required for exempt employees from $23,660 to over $47,000 per year. The course, approved for one CLE credit, will replay on July 21. 

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Former UT Football Player Sues SEC, NCAA

The Tennessean reports that former University of Tennessee football player O.J. Owens is suing the Southeastern Conference and the NCAA in an effort to recoup unspecified damages for the effects of head trauma he experienced during his college career. His suit is one of 10 filed in the past two months by Chicago-based law firm Edelson on behalf of former college football players. UT is not named as a defendant in the suit. 

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Former UT Football Player Sues SEC, NCAA

The Tennessean reports that former University of Tennessee football player O.J. Owens is suing the Southeastern Conference and the NCAA in an effort to recoup unspecified damages for the effects of head trauma he experienced during his college career. His suit is one of 10 filed in the past two months by Chicago-based law firm Edelson on behalf of former college football players. UT is not named as a defendant in the suit. 

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Sen. Alexander Acts to Block New Overtime Rule

U.S. Sen. Lamar Alexander, R-Tenn., today filed legislation that would nullify the new federal overtime rule that allows full-time salaried employees to qualify for overtime if they make up to $47,476 a year. Alexander argued the change – set to take effect later this year – would reduce work hours and inhibit flexible work schedules. The Knoxville News Sentinel reports U.S. Sen. Ron Johnson, R-Wis., chairman of the Senate Homeland Security and Governmental Affairs Committee, joined Alexander in the filing. 

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Jury Awards $2M to Conductor Struck by Train

A jury this week awarded railroad conductor Shawn Hall more than $2 million after he was struck by a train in Shelby County, even after determining that Hall was 50 percent responsible for the accident. Hall, who lost part of his leg and fractured both of his arms in the accident, argued Illinois Central Railroad Company was negligent because it failed to warn him of the unscheduled train that hit him. Read more from The Commercial Appeal

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Court to Decide Whether Workers Can Sue Employers Over Tips

The Tennessee Supreme Court today heard a case that debates whether service industry workers who believe their tips are being unfairly split can sue their employers, or if they must file complaints with state regulators. State law says that tips left at businesses like bars and restaurants should go to employees who serve patrons, according to The Tennessean. The case was brought by a former server and bartender at a PGA Tour country club in Memphis who filed a class-action suit in March that claimed the business and PGA affiliates were withholding tips she and others had earned. 

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