Tennessee Labor Talk

Category Archives: Wage and Hour Law and Practice

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Sixth Circuit Recognizes Potential RICO Claim If Employees Wrongfully Denied Workers’ Compensation Benefits

By Tim K. Garrett on Posted in Wage and Hour Law and Practice

Employees in Michigan, Ohio, Kentucky and Tennessee who believe they have been wrongfully denied workers’ compensation benefits now have a new weapon – RICO. In Brown v. Cassens Transport Co., 6th Cir., No. 10-2334, 4/6/12, five employees sued their employer, a claims adjuster and a doctor alleging conspiracy to deny them workers’ compensation benefits. The Sixth… Continue Reading

Do Bouncers Provide Customer Service? The Challenges of Tip Pooling

By Robert Horton on Posted in Wage and Hour Law and Practice

On Feburary 13, 2012, the federal district court for the Middle District of Tennessee granted conditional certification of a class action case under the Fair Labor Standards Act (“FLSA”) against Coyote Ugly saloons. As reported by Law360, the court conditionally certified several distinct classes, the most interesting of which is all employees who “worked as… Continue Reading

DOL Proposes New Rules Severely Limiting Home Care Worker Exemption

By Robert Horton on Posted in Wage and Hour Law and Practice

In a move that could significantly increase employer costs in the home care market, the Department of Labor has published proposed rules that will severely limit the current minimum wage and overtime exemptions for those who provide “companionship services.” The proposed rules basically do two things: The rules narrow the definition of “companionship services. The… Continue Reading

“Jury Duty” Includes Commuting Time to Court

By Tim K. Garrett on Posted in Doing Business in Tennessee, Wage and Hour Law and Practice

Most Tennessee employers are required to pay employees their “usual compensation” for jury duty.  But, what time is included in the phrase “jury duty” for the purpose of paying employees who serve? That question was the subject of a recent Tennessee Attorney General opinion.  The Attorney General clarified that, under Tennessee law, jury duty includes… Continue Reading

Union’s Financing Of Lawsuit Objectionable Conduct During Union Campaign

By William Ozier on Posted in Labor Board Proceedings and Practice, Union Organizing and Collective Bargaining, Wage and Hour Law and Practice

According to the National Labor Relations Board (NLRB), a Union engages in objectionable conduct if, during a union campaign drive to represent workers, the union finances a lawsuit seeking to recover overtime pay for the same employees being recruited to vote for the union.  This decision is important for two reasons: Employers facing an overtime… Continue Reading

Should Employers Now Ask All Applicants If They Have Sued Under FLSA On A Background Check?

By Tim K. Garrett on Posted in Retaliation/Whistleblower, Wage and Hour Law and Practice

A federal appeals court recently held that a job applicant cannot sue a prospective employer for retaliation under the Fair Labor Standards Act (FLSA).  In the case, Dellinger v. Science Applications International Corp., the employee had to complete a security clearance form after a conditional offer of employment.  The form asked the applicant if she… Continue Reading