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Miller & Martin PLLC | USA | 6 Jun 2013

New Tennessee law penalizes the construction industry for misclassifying workers

Effective July 1, 2013, the Tennessee Department of Labor and Workforce Development (TN DOL) will be authorized to impose penalties on construction…
Article

Miller & Martin PLLC | USA | 5 Jun 2013

Fluctuating workweek and bonus payments are incompatible under the FLSA per a recent Ohio federal court ruling

The "fluctuating workweek" wage payment method is allowed under the Fair Labor Standards Act (FLSA) when (1) a non-exempt employee's hours of work…
Article

Miller & Martin PLLC | USA | 29 May 2013

A brief look at Tennessee's new workers' compensation law

On April 29, 2013, Governor Bill Haslam signed the Tennessee Workers' Compensation Reform Act of 2013 ("the Reform Act") into law. The Reform Act…
Article

Miller & Martin PLLC | USA | 23 May 2013

A wolf at the door: could a labor union encourage your employees to ask OSHA to inspect your non-union facilities – then participate in the inspection?

Under the National Labor Relations Act (NLRA), absent a few highly unusual situations, a non-employee union representative can be denied access to an…
Article

Miller & Martin PLLC | USA | 21 May 2013

DOL releases fiduciary tips for selecting target date funds

In recent years, target date funds (TDFs) have become a popular investment option for many 401(k) plan participants. By investing in a mix of stocks…
Article

Miller & Martin PLLC | USA | 21 May 2013

The EEOC issues new guidance regarding those with cancer, diabetes, epilepsy and intellectual disabilities in the workplace

The ADAAA Regulations, which were issued in March of 2011, provide that some conditions are "virtually always" going to constitute disabilities under…
Article

Miller & Martin PLLC | USA | 17 May 2013

Don't forget about GINA

In the midst of trying to keep straight all employer responsibilities, obligations, and pitfalls under the ADA and the FMLA, as well as a plethora of…
Article

Miller & Martin PLLC | USA | 9 May 2013

Georgia lien law revised in favor of contractors

Legislation signed into law this week will have meaningful impacts on contractors asserting liens against property owners for non-payment. On Tuesday…
Article

Miller & Martin PLLC | USA | 8 May 2013

D.C. Circuit Court of Appeals strikes down NLRB's poster rule

Yesterday, the United States Court of Appeals for the D.C. Circuit held that the National Labor Relations Board (NLRB) rule requiring employers to…
Article

Miller & Martin PLLC | USA | 8 May 2013

New version of I-9 form effective today

All employers are reminded that the newly revised I-9 form, issued by the Department of Homeland Security on March 8, 2013, must be used for all new…
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