The Americans with Disabilities Act of 1990 (“ADA”) protects the disabled in the workplace by prohibiting affected employers from, among other things, “not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an employee, unless such [employer] can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such [employer].” 42 U.S.C. § 12112(b)(5)(A). The Americans … [Read more...]
Telecommuting recognized a possible reasonable accommodation for disabled
February 21, 2018 by
A new opinion out today supporting employee’s rights to telecommuting as a reasonable accommodation. Andrea Mosby-Meachem, an in-house attorney for Memphis Light, Gas & Water Division, was denied a request to work from home for ten weeks while she was on bedrest due to complications from pregnancy. Mrs. Mosby-Meacham was awarded judgment by a jury for disability discrimination including compensatory damages. Defense attempted to argue that her position as in-house counsel required … [Read more...]
New Reasonable Purpose Standard in Tennessee Parental Relocation Case Stringer v. Stringer
October 25, 2017 by
In this post divorce matter, Stringer v. Stringer, the mother filed a petition to relocate with the minor child to Texas pursuant to Tennessee Code Annotated § 36-6-108. The statute sets out two different standards for the Court to analyze depending upon whether the parents share substantially equal parenting time. When parents spend substantially equal amounts of time with the child, “[n]o presumption in favor of or against the request to relocate with the child shall arise,” and the trial … [Read more...]
New EEOC Guidance on Retaliation Charge
December 2, 2016 by
U.S. Equal Employment Opportunity Commission (EEOC) issued its final Enforcement Guidance on Retaliation and Related Issues, to replace its 1998 Compliance Manual section on retaliation. The guidance also addresses the separate "interference" provision under the Americans with Disabilities Act (ADA), which prohibits coercion, threats, or other acts that interfere with the exercise of ADA rights. Link to guidance below. https://www.eeoc.gov/laws/guidance/retaliation-guidance.cfm … [Read more...]
New DOL Rule Significantly Changes Overtime Rules
September 23, 2016 by
Key Provisions of the Final Rule Per new overtime rules set out by the Department of Labor, a new Final Rule focuses primarily on updating the salary and compensation levels needed for Executive, Administrative and Professional workers to be exempt. Specifically, the Final Rule: Sets the standard salary level at the 40th percentile of earnings of full-time salaried workers in the lowest-wage Census Region, currently the South ($913 per week; $47,476 annually for a full-year … [Read more...]
2014 Motorcycle Injury Statistics
August 24, 2016 by
Here are the 2014 statistics on motorcycle injuries and accidents. It takes a year or more to aggregate statistics explaining why 2014 was just published. Our law firm is now litigating a major motorcycle injury and we have done several in the past. We are seeking to promote ourselves more to help those injured in motorcycle wrecks. Often, motor vehicle accidents involving motorcycles are not to be analyzed through the prism of a normal car accident. The rules of the road may be different for … [Read more...]
Can you have sex with your psychotherapist and what is the statute of limitation for malpractice ?
April 1, 2016 by
In matters of psychotherapy, a patient is in a fragile and vulnerable state where their decisions and acts may lack proper competency and a psychotherapist is in a position of power and/or authority to some extent. The issue for determination in Roe v. Jefferson, 875 S.W.2d 653 was whether the plaintiff Jane Roe's action was barred by the statute of limitations for medical malpractice actions,Tenn.Code Ann. § 29–26–116, under the facts of her case. During the summer of 1984, Roe was advised by … [Read more...]
Jimmy Johns Franchisee violates National Labor Relations Act as it Unlawfully Disciplined Employees Participating in Union ‘Sandwhich’ Poster Campaign
March 29, 2016 by
Employees of a Jimmy Johns franchisee were not afforded the opportunity to have paid sick leave. A number of these employees coordinated with a local union attempting to recruit employees in a marketing campaign protesting lack of such benefits. The campaign included the staple of Jimmy Johns being a sandwhich on a poster to illustrate the theme of their protest. The eighth district federal court ruled that franchisee owner unlawfully solicited the removal of protected material from public … [Read more...]
Discovery Rule as Applied to Medical Malpractice in Tennessee
March 18, 2016 by
This cause of action involved a patient who brought medical malpractice action against podiatrist who had performed foot surgery, alleging that he had improperly operated on both feet despite only receiving consent to treat right foot, and had negligently performed operation. Here the Court had to determine whether the common law “continuing medical treatment doctrine” remained viable in Tennessee which operates to toll the statute of limitations in medical malpractice cases until the … [Read more...]
