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Successor liability in “asset deal” extends to wagehour liability

Bass, Berry & Sims PLC
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USA
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April 11 2013

The Seventh Circuit recently held that a purchaser in an "asset deal" of a business in receivership was found to be a successor employer for the

Sixth Circuit recognizes potential RICO claim if employees wrongfully denied workers’ compensation benefits

Bass, Berry & Sims PLC
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USA
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April 13 2012

Employees in Michigan, Ohio, Kentucky and Tennessee who believe they have been wrongfully denied workers’ compensation benefits now have a new weapon RICO

Termination notice referring to disability considered direct evidence of discrimination

Bass, Berry & Sims PLC
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USA
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June 7 2012

A Tennessee federal judge recently ruled that a termination notice referring to an employee’s “long-term disability” was direct evidence of discrimination and retaliation

Federal court halts board’s changes in election rules

Bass, Berry & Sims PLC
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USA
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May 18 2012

The National Labor Relations Board’s recent attempt to change its union election rules has been halted by a federal district court in Washington, D.C

FMLA what information is sufficient to trigger employer’s duty to follow up

Bass, Berry & Sims PLC
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USA
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September 19 2012

Under the Family and Medical Leave Act (“FMLA”), employers face significant challenges in understanding how much information from an employee is considered sufficient to trigger the employer’s duty to follow up

Cat’s paw theory: what is it? Why should I care?

Bass, Berry & Sims PLC
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USA
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June 27 2012

Some recent court rulings have referred to the “cat’s paw theory” of liability for discrimination

Last chance agreements asking for waiver of discrimination claims perilous

Bass, Berry & Sims PLC
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USA
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June 6 2012

Some employers use last chance agreements (“LCA”), particularly in union settings, to allow hourly employees “one last chance” to improve performance