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October L&E Update from Baker Donelson

Submitted by Firm:
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
Firm Contacts:
Kathlyn Perez, Phyllis G. Cancienne, Robert C. Divine
Article Type:
Legal Update
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October brings more scary goings-on for employers, who should be afraid, very afraid of upcoming changes in FLSA rules on exempt versus non-exempt employees and how timing of the filing of constructive discharge claims will affect them. On the positive side, Tennessee employers catch a break on the TSC ruling in favor of non-jury trials for TPPA claims. Frightful stuff!

The Jury's Out of the Game and Employers are Back on the Bench: No Right to Jury Under the Tennessee Public Protection Act

Sam Strantzsstrantz@bakerdonelson.com

Recently, the Tennessee Supreme Court quietly passed down David G. Young v. City of LaFollette, which changed the face of labor and employment litigation in Tennessee. Employers should be pleased with the ruling, since it ups the odds of favorable outcomes in the employers' favor.  More...

SCOTUS to Decide Filing Period for Constructive Discharge Claims

Emma Reddeneredden@bakerdonelson.com

In its October 2015 term, the Supreme Court of the United States will settle a circuit split on the filing period for a constructive discharge claim. On April 27, 2015, the Supreme Court granted a petition for review of Green v. Brennan, in which the court held that the limitations period for a constructive discharge claim begins at the time of the employer's last alleged discriminatory act, not when the employee resigned or provided notice of resignation.  More..

Start Planning for the Worst While You Hope for the Best

Whitney Harmonwharmon@bakerdonelson.com

Proposed changes to the Fair Labor Standards Act (FLSA) could result in a major impact on your workforce. This is not the time to wait and wonder what, if anything, you can do to prepare for these almost inevitable changes. There are several courses of action that will ease the coming transition.  More...

Immigration Corner: E-Verify Makes History and Help with Hardship Waivers

Melanie C. Walkermwalker@bakerdonelson.com

E-Verify Historic Records Report
United States Citizenship and Immigration Services (USCIS) announced that effective January 1, 2016, all E-Verify transaction records that are more than ten years old will be deleted from the system. If you have been using E-Verify for more than 10 years and want access to a record of all cases created prior to December 31, 2005, you can (and should) download the newly created Historic Records Report without delay.

USCIS Issues Draft Guidance on Hardship Waivers
On October 7, 2015, USCIS published a draft of the extreme hardship guidance for public comment, with final guidance expected by November 23, 2015. More..

L&E Compass

Swing on over and let the FLSA take the joy out of volunteering for you. Then see how the Sixth Circuit weighed in on "honest belief" in FMLA abuse, and go behind the scenes to learn how FCRA class action suits are on the rise. Click here to read!