States have been busy when it comes to marijuana laws. Before the mid-2010s, employers tended not to worry about state marijuana laws because of marijuana’s illegal status under federal law. However, those days are over, and state marijuana legalization laws continue to affect how employers can run their workplaces.
The U.S. Court of Appeals for the Sixth Circuit, the appellate court responsible for the federal district courts of Michigan, Ohio, Kentucky, and Tennessee, recently made clear that claims asserted under the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) cannot be subject to contractually shortened limitation periods.
On October 6, 2020, in Bennett v. Metropolitan Government of Nashville, No. 19-5818, the U.S. Court of Appeals for the Sixth Circuit reversed a district court’s decision in favor of a public employee who claimed that the city had terminated her employment in retaliation for exercising her rights under the First Amendment to the U.S. Constitution.
Elections in the United States are scheduled for Tuesday, November 3, 2020. Not only will the office of president of the United States be contested, but all 435 seats in the U.S. House of Representatives and 35 of the 100 seats in the U.S. Senate are up for grabs. At the state level, elections will be held for the governorships of 11 U.S. states and 2 U.S. territories.
On August 19, 2020, in Marquardt v. Carlton, et al., No. 19-4223, the U.S. Court of Appeals for the Sixth Circuit reversed summary judgment for the City of Cleveland on a former employee’s claim that the city had terminated his employment in retaliation for his exercising his rights under the First Amendment to the U.S. Constitution.
In Viet v. Copier Victor, Inc., No. 18-6191 (March 10, 2020), the U.S. Court of Appeals for the Sixth Circuit affirmed summary judgment for Copier Victor and its founder, Victor Le, on an employee’s overtime claims under the Fair Labor Standards Act (FLSA), finding the employee’s testimony regarding the number of hours he worked on a weekly basis too vague and conclusory to withstand summary judgment.
On December 12, 2019, the United States Court of Appeals for the Sixth Circuit held that a sexual misconduct complainant’s fear of further contact with the respondent was not enough to support a claim against the university for deliberate indifference under Title IX of the Education Amendments of 1972.
On April 23, 2019, Governor Bill Lee signed a bill that extends protection from some legal claims associated with workplace bullying to all Tennessee employers. Employers that adopt an anti-bullying policy that conforms to the law will be immune from lawsuits alleging intentional or negligent infliction of mental anguish due to the abusive conduct of employees.
The United Auto Workers (UAW) have disclaimed the bargaining unit of 160 skilled-trades workers at Volkswagen’s (VW) Chattanooga, Tennessee, plant. The union organized the maintenance employees in 2015 but failed to secure a first contract for the group. In the past few years, the UAW has accused VW of multiple unfair labor practices, including that VW violated federal law by refusing to bargain.
In 2011, Tennessee Governor Bill Haslam signed the Tennessee Civil Justice Act, a tort reform measure limiting monetary damages. Tenn. Code Ann. § 29-39-104. This law places a cap on punitive damages of two times the compensatory damages or $500,000, whichever is greater.
In 2019, a number of states’ minimum wage rates will increase.
Twenty years ago, the Tennessee Department of Labor (TNDOL) adopted regulations implementing the Tennessee Drug-Free Workplace Act and establishing the Tennessee Drug-Free Workplace Program. This year, the TNDOL substantially revised these regulations.
Tennessee property owners, including employers, are generally authorized to prohibit the possession of weapons by any person at meetings conducted by an employer or on property owned, operated, managed, or under the control of an employer. Tennessee has adopted very specific requirements for how employers and other property owners must notify employees and visitors when they seek to prohibit firearms on their properties.