Labor and Employment Law Section

The section focuses on all traditional labor relations issues and matters arising in individual employment rights. A continuing legal education seminar on employment law issues is sponsored annually by the section, as is a regular newsletter.

Waller Lansden Dortch Davis
PO Box 198966
Nashville, TN 37219
Immediate Past Chair
Frost Brown Todd LLC
150 3rd Ave So Ste 1900
Nashville, TN 37201

Contractors Score Legal Victory Against FedEx Ground

FedEx Ground lost a costly battle yesterday in a long-standing legal war with its not-so-independent contractors, the Memphis Business Journal reports. The U.S. Court of Appeals for the Ninth Circuit ruled that 2,300 individuals working for FedEx Ground should be considered employees instead of independent contractors. That could mean FedEx is on the hook for hundreds of millions of dollars, as it may have to reimburse the employees for overtime pay and businesses expenses and give them access in some cases to retirement benefits.

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Obama Order Protects LGBT Employees

President Barack Obama signed an executive order today that prohibits federal contractors from discriminating against employees or job applicants based on sexual preference or gender identity. The president also used the occasion to urge Congress to extend the same protections to all employees by passing the Employment Non-Discrimination Act (ENDA). Of note, the Memphis Business Journal reports that the order does not include the same religious exemption for employers that is included in the legislation. Several gay rights groups recently withdrew their longstanding support for ENDA over fear that the bill’s language might allow private companies to use the U.S. Supreme Court’s Hobby Lobby case as justification for discriminating. The Washington Post has more on that story.

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