John Phillips TN
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Here's a post I did on Ms. Sainz from an employment law perspective. [url]http://www.wordonemploymentlaw.com/2010/09/provocative-dress-sex-harassment-and-the-great-gender-divide/[/url]
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Nae, all good points. Thanks for taking the time to present your position at such length and with such insight. I suppose that, for now, we'll agree to disagree. If more people like you would comment on my posts, I'm sure I'd end up doing a better j…
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This isn't the first time Nae has challenged my Man Gene theory. I certainly respect your opinion, Nae, and I appreciate your invitation to become involved in this discussion. I also appreciate ACU Frank's quasi defense of my position. I, of cours…
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Don't forget about the Animal Employment Protection Act. If you're unfamiliar with this cutting edge law, go to YouTube and type in "Animal Employment Protection Act."
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Frank, I'm sure any presentation you give is plenty memorable, whether you're sober or drunk, dressed or undressed. Happy birthday! John
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John Phillips Editor, Tennessee Employment Law Letter Miller & Martin I do like this group. When I posted the Pope posts on my blog, I didn't intend to offend the Catholic Church or the Pope. Yet, most of the comments I received were seeming…
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John Phillips Editor, Tennessee Employment Law Letter Miller & Martin I'm a little late weighing in, but I did have a couple of posts about the papal visit on my blog last week, trying to link it with employment law. I was unsuccessful in doi…
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John Phillips Editor, Tennessee Employment Law Letter Miller & Martin So what do you think about the "Guide for Hiring Women"? [url]http://hrheroblogs.com/theword/2008/04/24/guide-to-hiring-women/[/url]
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You need to have something in writing signed by the employee which covers these kinds of situations. Even then, from a federal law standpoint, you cannot make a deduction which would take the employee's wages below the minimum wage for the pay pe…
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Tennessee Code Annotated, Section 50-2-103(b) provides the following: "Each employee must have a thirty (30) minute unpaid rest break or meal period if scheduled to work six (6) hours consecutively; except in workplace environments that by their …
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The state maternity leave law does not require an employer to pay for the leave. It does not prevent it, however, if an employer wanted to do so. Most don't. With respect to short term disability, leave for pregnancy is ordinarily covered. The spe…
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No, but it is very difficult to prove that an employee is guilty of misconduct under COBRA. You need to get legal advice on the specific facts before making the decision to not offer COBRA. [email]hrheroforum@list.mleesmith.com[/email] on T…
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Although it is difficult to say that there is a rule of thumb for any size company, I think it is more common to begin accruing vacation during the first year than waiting until a year has passed. There is no law on this one way or the other, but…
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It would be possible to reduce the pay under TN law. However, it can cause morale problems that offset any financial advantange that reducing pay may provide. It can also impact the amount of workders' comp the employee is receiving. In other wor…
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If the employee has been officially diagnosed as being schizophrenic and if you are covered by the ADA (15 employees or more), then the employee probably has a disability covered by the ADA, and you have an obligation to reasonably accomodate him…
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Actually, it's unclear under the way the US Supreme Court has interpreted the ADA that the employee has been regarded as having a disability under the ADA. He may have been regarded as being unable to do the job in question, but in order for an e…
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No. You should send a letter to the health insurance carrier advising of the situation. If you have the doctor's medical records, send copies to the health insurance carrier with your letter. Send a copy of the letter to the doctor's billing cler…
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yes
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You do not have to accomodate him if he does not have an ADA disability. Once the 12 weeks have expired, he is not entitled to additional FMLA leave, and termination can follow. Just make sure that you have handled other situations in the same ma…
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This subject comes up from time to time. Most recently, it came up after a Beagle won the Westminster Dog Show. For an explanation of the law that governs this sort of thing, you can to to my blog at [url]http://hrheroblogs.com/theword/2008/02/15/…
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What state are you in? John Phillips [email]jphillips@millermartin.com[/email]
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>It is my understanding that TN law requires all companies to pay >employees who are on leave for military training for up to 15 days and >that the absence cannot be counted against vacation or other types of >leave. Can someone …
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Hello Mr. Smith -- I am one of John Phillips's partners in the Labor and Employment department at Miller & Martin. He asked me to respond to your message regarding leave for an employee who is a member of the TN State Guard. The question was w…
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I am out of the country right now. I will have one of my partners get in touch with you about this. Thanks. John Phillips, Editor Tennessee Employment Law Letter
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I wrote an article which covers this in part in the November 1998 issue of the Tennessee Employment Law Letter ("Avoiding holiday liability"). If you need a copy, I'll be glad to fax it to you if you'll send me your fax number. John Phillips Edito…
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The answer to this question is unclear, but I'll give you my take. Tennessee Code Annotated, Section 50-2-102(a)(3) says that the final wages owed to an employee when he or she quits or is discharged shall include vacation pay that is owed the empl…
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If the employee has been officially diagnosed as being schizophrenic and if you are covered by the ADA (15 employees or more), then the employee probably has a disability covered by the ADA, and you have an obligation to reasonably accomodate him…
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I know of no such statute.
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This is a question that is still unsettled. It will depend on the jobs which the employees are doing and how important to the jobs speaking English is. Perhaps we should talk about this. John Phillips, Tennessee Employment Law Letter 423/785-832…
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There's really very little difference as far as what is filed is concerned. In fact, if a discrimination charge is filed with either agency, the agency will usually forward the charge on to the other so that it is pending with both agencies. In e…