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Department of Labor – Ok to Freeze Attendance Points During FMLA Leave

By Cary Schwimmer |

Employers are by now very familiar with the federal Family and Medical Leave Act (FMLA) and its requirement of generally twelve weeks of unpaid leave for various personal and family health and other reasons.  Employers also well know that FMLA absences cannot be counted against an employee under the employer’s attendance policy.  A somewhat… Read More »

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Some Very Expensive Tennessee Orange Juice

By Cary Schwimmer |

Linda Atkins was a sales associate at a Knoxville, Tennessee area Dollar General who suffered from type II diabetes.  In the past, when Atkins experienced hypoglycemic episodes at work, she attempted to raise her blood sugar level by excusing herself to the break room to drink her own orange juice which she kept in… Read More »

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Sixth Circuit: Full-Time Employees with Disabilities May be Entitled to Work Part-Time as Long as They Can Complete their Job Duties

By Cary Schwimmer |

I have previously spoken and written about the Americans with Disabilities Act’s (ADA) requirement that employers consider additional leave as a reasonable accommodation for employees with disabilities who are not yet able to return to work and who do not have FMLA or other additional leave available.  On July 17, 2018, the U.S. Court… Read More »

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Tennessee Employer’s GPS on Employee’s Car Does Not Defeat Overtime Claim Where Employer Failed to Keep Accurate Time Records

By Cary Schwimmer |

On July 5, 2018, the Tennessee Court of Appeals issued an opinion carrying strong cautions for employers in Tennessee and across the country who do not keep accurate time records for employees who are entitled to overtime pay when they work more than 40 hours in a week.  The decision, entitled Snodgrass v. AHA… Read More »

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My Top Ten Employer Mistakes

By Cary Schwimmer |

  In advising employers or conducting legal training for employers, I find it useful to emphasize what I have found over the years to be the top ten things that get employers in trouble via a charge or lawsuit, or an unhappy workforce that may turn to a union for support, or simply not… Read More »

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Employer Gets “Cat’s Pawed” for $350,000

By Cary Schwimmer |

On March 28, 2018, the Sixth Circuit U.S. Court of Appeals, whose jurisdiction includes Tennessee, upheld a jury’s $350,000 award under Title VII to a Michigan State Police sergeant who claimed she was retaliated against for making internal sexual harassment complaints.  The sergeant, who had made two sexual harassment complaints against her supervisor (both… Read More »

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U.S. Court of Appeals Upholds $92,000 Jury Verdict for Tennessee Employee Not Allowed to Temporarily Telecommute

By Cary Schwimmer |

On February 21, 2018, the Sixth Circuit U.S. Court of Appeals upheld a Memphis jury’s $92,000 award under the Americans with Disabilities Act (ADA) to a Memphis Light, Gas & Water in-house lawyer whose request to work from home for ten weeks while on bedrest due to pregnancy complications was denied.  In the decision,… Read More »

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Employee Wins Compensation for Suffering Emotional Distress on the Job

By Cary Schwimmer |

When you imagine an on-the-job injury that could leave one of your workers permanently and totally disabled under Tennessee law, you probably think of injuries such as a major fall, an industrial accident, or a serious motor vehicle accident occurring while the worker was on the clock. You’d probably never include an on-the-job mental… Read More »

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Tennessee Man who Refused to Stand During National Anthem Is Fired

By Cary Schwimmer |

The recent news story of professional athletes refusing to stand during the national anthem has stirred controversy across the US. The trend of sitting during the national anthem as a form of protest has spread to those who are not professional athletes, even reaching Tennessee. Recently, a Chattanooga man who chose not to stand… Read More »

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Obama Administration Change to Overtime Rules Exceeded Authority, Says Judge

By Cary Schwimmer |

A Texas federal court judge has struck down a change to federal overtime rules introduced by the Obama administration. The Trump administration has abandoned an attempt to defend the rule, and is now considering possible alternatives to the Obama administration rule. Rule on hold since November The Obama Department of Labor introduced the now-rejected… Read More »

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