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NLRB notice rule violates First Amendment

Bass, Berry & Sims PLC
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USA
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May 13 2013

On May 7, the U.S. Court of Appeals for the District of Columbia struck down the NLRB's 2011 rule requiring businesses to post notice of employee

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

Court of appeals interprets Tennessee's current deficiency judgment statute

Bass, Berry & Sims PLC
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USA
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February 1 2013

The ability to recover the full amount of a loan deficiency after foreclosure requires careful attention by lenders. The Tennessee Court of Appeals

In the absence of a negotiated grievance procedure, employers must bargain with unions over significant employee discipline

Bass, Berry & Sims PLC
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USA
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January 10 2013

The NLRB recently ruled that an employer who is imposing "discretionary" and "material" discipline must consult with the union before doing so if that

United States dismisses False Claims Act lawsuit against renal care group after seven years of litigation

Bass, Berry & Sims PLC
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USA
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January 8 2013

United States Dismisses False Claims Act Lawsuit against Renal Care Group After Seven Years of LitigationIn late December 2012, the United States filed a

Which types of employees are considered “agents” of an employer for purposes of sharing in tip pools?

Bass, Berry & Sims PLC
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USA
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December 10 2012

The question of which types of employees are considered agents of their employer for purposes of sharing in tip pools has come to the forefront in a number of cases filed against Starbucks

Requiring employee to seek counseling may violate ADA

Bass, Berry & Sims PLC
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USA
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November 16 2012

The Americans with Disabilities Act (ADA) prohibits a covered employer from requiring an employee to undergo a “medical examination,” unless the examination is shown to be job-related and consistent with business necessity

Check your enforcement of your “no solicitation and no distribution” rule

Bass, Berry & Sims PLC
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USA
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November 15 2012

In a recent decision involving The Boeing Company, an Administrative Law Judge (ALJ) for the National Labor Relations Board (NLRB) found that Boeing violated the National Labor Relations Act (NLRA) when the Human Resources manager at its North Charleston, South Carolina plant, told an employee that he could not “talk about or solicit” for the Machinists’ Union “on company time.”

Takeaways from the Sixth Circuit’s False Claims Act decision in renal care

Bass, Berry & Sims PLC
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USA
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October 26 2012

Providers striving to comply with complex and ambiguous billing regulations andor evaluating potential liability for False Claims Act violations in such situations will likely find their positions significantly bolstered when they have dealt with the government in a good faith and transparent way, courtesy of a recent opinion by the United States Court of Appeals for the Sixth Circuit

Supreme Court decision favors arbitration clauses in bank deposit agreements

Bass, Berry & Sims PLC
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USA
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October 19 2012

Last year, the U.S. Supreme Court’s landmark decision in AT&T Mobility LLC v. Concepcion sent a resounding message in favor of arbitration clauses and class action waivers in consumer contracts

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