August 2015 L&E Update from Baker Donelson

Submitted by Firm:
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
Firm Contacts:
Jennifer L. Anderson, Kathlyn Perez, Phyllis G. Cancienne, Robert C. Divine
Article Type:
Legal Update

How to address Confederate flags in employer parking lots and unanswered questions in the wake of the Supreme Court's same-sex decision are keeping employers on their toes. Or is it just the August heat that has everyone sweating it out? We'll try to lower the temperature for you.

The Confederate Flag is Down in South Carolina, but It's Up in Your Parking Lot: What Should You Do?, by Steven F. Griffith Jr., 504.566.5225,

Employers may find themselves in a no-win situation when trying to deal with displays such as the Confederate flag – is insisting on removal going a step too far, or is turning a blind eye allowing a hostile work environment? If Confederate flags must come down, what about other controversial symbols?  More...

Based on Improper Appointment of Acting General Counsel to NLRB, D.C. Circuit Court of Appeals Voids Unfair Labor Practice Ruling, by M. Levy Leatherman, 225.381.7046,

When the U.S. Court of Appeals for the District of Columbia held that former National Labor Relations Board Acting General Counsel Lafe Solomon's appointment violated the Federal Vacancies Reform Act, it opened the door to appeals of any rulings that took place during the time of his interim tenure. The Southwest Ambulance case was the first such challenge, and more may be on the way.  More...

Two Months after Same-Sex Marriages Held Constitutional, Where are the Courts Headed on the Unanswered Questions?by Jennifer Hall, 601.351.2483,

On June 26, 2015, the United States Supreme Court issued its monumental decision in Obergefell, et al. v. Hodges, et al. holding that state bans of same-sex marriages are unconstitutional. As it turns out, this ruling has presented as many questions as answers, as governmental entities and businesses struggle to figure out what they have to do, and what they can get away with not doing.  More...

Fall L&E Series: Tackling the Federal Chances to the Modern Workforce

Every time you turn around it seems as if there is a new requirement or interpretation for employers. From changes in accommodations for pregnant employees or new requirements to qualify for exemption to overtime, the federal activity surrounding employment law is seeing unprecedented activity. In recent years, all three branches of the federal government – executive, judicial and administrative – are taking  positions on numerous issues directly affecting (and changing) the modern workplace. Whether it is U.S. Supreme Court issuing new interpretations to the Department of Labor proposing new regulations, it is no wonder employers are struggling to keep up with the frequent changes. And each change brings with it a multitude of new compliance obligations for employers, as well as new obstacles for which employers need to analyze and prepare.

Over the next few months, Baker Donelson's Labor & Employment Practice Group will offer a series of webinars, seminars, articles and Q&A's to assist our clients in understanding the massive changes in the federal law.

Immigration Corner

Melanie C. Walker, 423.209.4201,

This month: Time to get Simeio-Compliant, faster H-1Bs, a permanent resident card refresher, and increased security measures expected in the Visa Waiver Program.  More...