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Wimberly Lawson Wright Daves and Jones PLLC

Labor, Employment, and Liability Defense Law Firm

Wimberly Lawson Wright Daves and Jones PLLCAt Wimberly Lawson, we are a labor, employment, and liability defense law firm providing representation to businesses and professionals, nationally and internationally. Wimberly Lawson also protects the interests of companies, insurers, and governmental entities. We have offices in Knoxville, Morristown, Cookeville, Nashville, and Chattanooga, Tennessee, and maintain our affiliation with the firms of Wimberly, Lawson, Steckel & Schneider, P.C., in Atlanta, Georgia and Wimberly, Lawson, Daniels & Fisher, LLC in Greenville, South Carolina. Wimberly Lawson Wright Daves & Jones, PLLC is a successor to the labor law practice of the former firm of Mitchell, Clarke, Pate, Anderson & Wimberly, which was founded in 1948 and known for its representation of the Mitchell family and its “Gone with the Wind” movie interests.

Our attorneys share a philosophy designed to prevent problems and to improve our client’s profitability. Our preferred client relationship is based on regular on-site and telephone discussions related to current and future employment practices. Experience shows that regular consultation is the most economical use of legal services in that it can help avoid costly legal entanglements.

At Wimberly Lawson, our system uses a number of preventive and cost-effective methods. An example of our preventive philosophy is the review of our clients’ compliance posture in their employment practice and employee benefit programs. These reviews are designed to maximize employee benefit dollars as well as to avoid costly legal problems. While our lawyers remain successful in representing our clients’ interests in union organizing campaigns, employment law litigation matters, and immigration and nationality issues, our distinction rests on this preventive law philosophy.

Wimberly Lawson also renders more traditional legal services. In addition to the firm’s well-proven approach to preventive maintenance, its sophisticated litigation practice ranges from proceedings before state and federal governmental agencies, to trials at all levels of state and federal courts. The firm’s attorneys have successfully defended against all types of labor, employment, general and professional liability claims. Our affiliated firms have successfully defended class actions, trade secrets, tax, pension and benefit lawsuits.

To consult a lawyer about your risk management, legal compliance, consulting or legal defense needs, contact the law firm of Wimberly Lawson.

Labor and Employment Law Attorneys

The labor and employment law attorneys of Wimberly Lawson, understand the many challenges our business clients face on a day-to-day basis. Our lawyers maintain their competitive edge by writing articles, attending legal education courses, and by preparing and presenting seminars sponsored by national, regional and local organizations. We believe it is our responsibility to keep our clients informed about the latest developments in labor and employment law. Our attorneys do this through frequent consultations, as well as through Wimberly Lawson’s monthly newsletter. We provide clients in Tennessee, Kentucky, Alabama, Georgia, Florida, North Carolina, South Carolina, Mississippi and across the nation with results-oriented representation in keeping with their business goals.

Mary Dee Allen
Fredrick R. Baker
Terri Leigh Bernal
Fredrick J. Bissinger
Kelly A. Campbell
Jeffrey M. Cranford
Karen G. Crutchfield
Ronald G. Daves
Ashley Griffith
Andrew J. Hebar
Mary Moffatt Helms
G. Gerard Jabaley
Howard B. Jackson
Jeffrey G. Jones
Michael W. Jones
T. Joseph Lynch III
Bob E. Lype
Anne T. McKnight
Carol R. Merchant
Rebecca Brake Murray
Margaret L. Noland
Anita Patel
Jerome D. Pinn
William R. Seale
Catherine E. Shuck
Edward H. Trent
Patty K. Wheeler
J. Brent Wilkins
Gary W. Wright

Practice Areas

Employment, Labor Law, and Insurance Defense Attorneys

The employment, labor law, and insurance defense attorneys of Wimberly Lawson Wright Daves & Jones, PLLC successfully represent our clients’ interests in union organizing campaigns, National Labor Relations Board (NLRB) matters, and immigration and nationality issues. Also, our lawyers have successfully represented the interests of companies, insurers, and governmental entities in the area of insurance defense in the southern states of Tennessee, Alabama, Georgia, Florida, Kentucky, North Carolina, South Carolina, and Mississippi, as well as nationally and internationally. We employ a preventative approach in each case we handle, hoping to avoid the need for costly litigation by ensuring our clients compliance with existing labor and employment laws.

At Wimberly Lawson Wright Daves & Jones, PLLC our attorneys have a successful track record representing our clients in matters related to the following areas of law:

  • Human Resources
  • Labor Law
  • Employment Law
  • Workers’ Compensation
  • ERISA
  • Immigration Law
  • Insurance Law
  • Governmental and Non-profit Law
  • Business and Commercial Law

You can count on Wimberly Lawson Wright Daves & Jones, PLLC to provide you with good, solid legal advice. Our attorneys work hard to understand your business and your unique needs. We utilize a creative approach to prevent potential legal issues as your company continues to grow, with the ultimate goal of improving your profitability.

To learn more about our preventative approach to labor and employment law, as well as insurance defense matters, or to schedule an appointment with one of our lawyers, contact Wimberly Lawson Wright Daves & Jones, PLLC.

I. HUMAN RESOURCES

HR Compliance Audits
Employee Handbooks
Wage and Hour Issues

II. LABOR LAW

National Labor Relations Act
Union Organization Campaigns and Elections
Unfair Labor Practices
Collective Bargaining
Negotiations Arbitrations

III. EMPLOYMENT LAW

Federal EEOC Charges
Title VII Litigation
Wrongful Discharge
Americans with Disabilities Act
Family Medical Leave Act
Insurance Defense
Alternative Dispute Resolution
Federal and State Mediation
Contracts
Retaliatory Discharge
Whistleblower

IV. WORKERS’ COMPENSATION

Cost Reduction Programs
Litigation Defense

V. IMMIGRATION

Employment and Corporate Immigration Matters
Business, Professional and Investor Visas

VI. INSURANCE DEFENSE

Resources

Legal

Thomson – West (formerly West Group)
U.S. Courts
Westlaw

Business and Finance

Better Business Bureau
United States Chamber of Commerce

Government

FirstGov
Legislative Branch
Library of Congress
White House

General

National Weather Service
Yahoo! Maps
YellowPages.com

News

New York Times
Newspapers Online
USA Today
Wall Street Journal

Search Engines

AOL
Google
Yahoo!

Seminars

The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute’s criteria to be pre-approved for recertification credit.One of the most important aspects of our practice at Wimberly Lawson is the wide array of conferences and seminars we sponsor and present. These meetings and presentations are important to us because it allows us to maintain personal contact with our clients and members of the business community. Through these events, our attorneys learn about the issues and challenges that management faces on the job, which allows us to better understand and serve our clients. Thanks to our alliances with local Chambers of Commerce and local and national Human Resources organizations, we are able to offer many exciting conferences throughout the year. In addition, Wimberly Lawson offers tailor-made labor and employment law seminars for our clients at their workplace. Contact our office for details. The Firm has achieved the status of HRCI Approved Provider. For more information about certification or recertification, please visit the HR Certification Institute’s homepage at http://www.hrci.org/

JANUARY 2014

23 Drugs in the Workplace – Morristown

FEBRUARY 2014

11 2014 Smoky Mountain Human Resource Association Employment Law Conference – Sevierville

APRIL 2014

16 EEOC Compliance – Knoxville

Firm Newsletter

Alcoholic Truck Driver Required to Remain Alcohol-Free as a Condition of Returning to Work
No Re-Hire Policy of Alcoholic Driver Found to Violate Disabilities Law
National Labor Relations Board Gives Up on Mandatory Posting Rule
NLRB Upholds Employer Policy Prohibiting Use of Recording Devices at Work
E-Verify Now Has Tools to Determine Identity Theft
New Affirmative Action Rules for Veterans and the Disabled

January 2014
Tennessee Workers’ Compensation Reform
Workplace Investigations: More Limitations By NLRB/EEOC
EEOC’s Strategic Enforcement Plan
FLSA Compliance in Depth
Employer Negligence or Employee Misconduct

November 2013
Union Movement Crisis
It’s Always Something: IRS Grants Employers A Reprieve With One-Year Delay of Affordable Care Act’s Employer Mandate, But Other Rules and Rulings Will Keep Employers Busy in 2014
Minimum Wage and Overtime: For Home Care Workers

October 2013
What is Sufficient Authority for One to be Considered a Supervisor Under the National Labor Relations Act?
Plaintiff’s Belligerent Discrimination Complaint Warrants Fitness-For-Duty Exam
Sixth Circuit Upholds NLRB’s Use of “Micro-Units”

September 2013
Obama Administration Postpones Employer Penalties and Certain Other Requirements Until After 2014 Elections
Access by Union Representatives to Safety Inspections of Both Union and Non-Union Facilities
How Supreme Court Gay Marriage Ruling Affects Employers
Supreme Court Green-Lights Mandatory Arbitration Clauses, Forestalling Class Actions: Could Be Good News For Employers

August 2013
U.S. Supreme Court Limits Title VII Retaliation Claims
U.S. Supreme Court Clarifies Title VII Sexual Harassment Standard
Get Ready for OSHA’s New Hazcomm Rules Training Deadline: December 1, 2013
U.S. Supreme Court to Determine Legality of NLRB Recess Appointments

July 2013
NLRB Clarifies Its Position on At-Will Employment Policies
DOL Issues PPACA’s Model Notice of Coverage Options; Employers Must Provide the Notice to Employees by October 1, 2013
Good News for Employers Regarding Class and Collective Actions From the Supreme Court
Advance Preparation of Section 1 by Electronic I-9 Programs is Prohibited

June 2013
WLWDJ Opens Chattanooga Office
Criminal Background Checks: Darned If You Do And Darned If You Don’t
Working Away From Work
Issue Of Applicant Rejected Due To Heavy Accent

May 2013
Immigration Solutions Gain Momentum
Confidentiality Requirements for Medical Inquiries
Disability Issues of What Constitutes a Medical Inquiry and Whether to Keep Responses Confidential
FMLA Changes Require Employers to Post Revised Notice
Employers Should Use New Form I-9

April 2013
EEOC Sets Forth Its Strategic Enforcement Plan
Applying the Play or Pay Mandate to Seasonal and Temporary Employees
Labor Board Members and Board Lack Authority to Rule – What Happens Next?

March 2013
NLRB Appointments Held Unconstitutional
IRS Explains Shared Responsibility (Tax) Provisions on Employers Under PPACA
Believe It or Not – Michigan Now Right-to-Work

February 2013
Wage-Hour Case Addresses Automatic Meal Deduction Payroll System
EEOC Offers Advice to Employers on Critical ADA Issues
Unions Get More Aggressive in Employer Relationships, Perhaps Based on Election Results and Improving Economy

January 2013
Avoiding Age Discrimination in Reductions in Force
Tennessee Supreme Court Allows Retaliatory Discharge Claim To Go Forward, Even Though Plaintiff Signed Release Discharging “All Claims”
New-Hire Guidelines: Don’t Trip As You’re Getting Off On The Right Foot

December 2012
Breakout on Employer Liability to be Presented at 2012 Conference
New Developments and Strategies for Working with the EEOC
A Conservative Trend in Recent Workers’ Compensation Legislation
Sixth Circuit Rules Severance Payments to Involuntarily Terminated Employees Not Subject to FICA Tax
Update: Medicare Reporting May be Due Within 45 Days of Settlement

November 2012
NLRB and EEOC Moving Toward Rulings That Employers Cannot Tell Employees to Keep Investigations Confidential
Harassment Defendants Fight Back (But with Varying Results)
Update: Employers Are Now Required to Report Settlements to Medicare in Many Cases
NLRB Finds Facebook Posting That Caused Salesman’s Discharge at Chicago-Area BMW Dealership Was Not Protected

October 2012
Changes to Unemployment Insurance Law Should Benefit Tennessee Employers
The Issue of Texting or Using Hand-Held Devices While Driving is Now a “Front and Center” Issue
Withholding Pay for Not Returning Equipment: A Dangerous Practice
NLRB Starts Website Aimed at Non-Union Workers

September 2012
The Patient Protection and Affordable Care Act Is With Us – Now What?
EEOC Rules Discrimination Laws Protect Transgender Status
DREAMers to be Granted Work Authorization
OSHA’s Views on Discipline of Employees Who Report Injuries
Wisconsin Governor Retained After State Right to Work Measures

August 2012
EEOC Issues Guidance on Employers’ Use of Arrest and Conviction Records
What the Supreme Court’s Decision on Health Reform Means for Employers

July 2012
Judge Rejects NLRB “Quickie Election” Rules
Employer Making Two Mistakes in Granting FMLA Leave Renders Termination Unlawful
Some Employers with Insured Health Plans Will Receive Rebates this August

June 2012
Having a Sexual Harassment Policy Not Enough to Avoid Punitive Damages
NLRB Poster Requirement Blocked
Workplace Bullying: School Playground Behavior in the Professional Setting
Should an Arrested Employee be Fired?

May 2012
Health Reform: Supreme Court Recap – Unclear Whether Future of the Employer Mandate, Other Provisions, Tied to Fate of the Individual Mandate
Can a Polygraph Still Be Used To Determine Who Is Telling The Truth?
Right to Work Measures Pushed In Indiana and South Carolina
Employers Warned Not to Seek Too Much Medical Information Even Where Some Information Is Necessary

April 2012
Documentation That Can Get You In Trouble
Supreme Court Addresses GPS Trackers and Privacy
Changes In Getting Green Cards For Those With American Family Members
OFCCP Proposes Goals For The Disabled

March 2012
Three Leave Policies Being Subject to EEOC Attack – Lack of Leave for New Hires, Administrative Separation Policies, and “100% Healed” Policies
NLRB Pushes Through Quickie Election Rules
Supreme Court Healthcare Review and Other Health Plan Developments

February 2012
An Employee or an Independent Contractor? How to Decide and How to Handle Past Misclassifications
NLRB Drops Case Against Boeing
Retaliation Now the Most Common EEOC Charge

January 2012
EEOC Officials to Participate in Panel Discussion at 2011 Conference
Unemployment Claims – Tactics and Strategies
Practical Strategies to Defend Workers’ Compensation Claims
Legislative Developments in Workers’ Compensation

November 2011
Facebook Issues Bring Labor Board Interest
Employers Must Post NLRB Notice Under Final Labor Board Rule
EEOC Issues Opinion Letter Dealing With Electronic Medical Records

October 2011
Attacks on No-Fault Attendance Policies – Employers’ Worst Nightmare
Arrival of the Tennessee Lawful Employment Act of 2011
OSHA Wins Subpoena Battle, Insurer Forced to Disclose Damaging Report
PPACA (Healthcare) Update: Applications for Annual Limit Waiver Must Be Submitted By September 22, 2011

September 2011
Employers Dodge A Bullet – Plaintiff Class Actions Become Unlikely
Labor Board Proposes Rule For “Quickie” Union Elections To Assist Union Organizing
New DOL Rule Attempts to “Gag” An Employer in Union Organizing Campaigns

August 2011
Supreme Court Upholds Arizona State E-Verify Mandate and Other Immigration Developments
What Employers Should Do In Response To The ADAAA and Implementing Regulations
Study Finds Thirty Percent of Employers To Drop Healthcare
Government Agencies Agree to Avoid Overlap in Enforcement

July 2011
Understanding and Complying with the New ADA Disability Regulations
FLSA Whistleblower Protection Not Limited to Written Complaints

June 2011
Supreme Court Addresses Cat’s Paw Theory of Discriminatory Input from Supervisors
Health Reform Update: April Sees First Repeals of PPACA Provisions; Guidance Issued on W-2 Reporting Requirement and Anti-Abuse Rules for Grandfathered Plans
Wage & Hour Enforcement of Motor Carrier Exemption: Administrator Will Require Week-By-Week Determinations
Navigating Unemployment Claims

May 2011
Civil War Rages in States Over Unions and Budget Cuts
Reasonable Break Time and Area for Nursing Mothers
2011 Income Tax Credit for Continuing to Employ Persons Hired in 2010
EEOC Sues Employer Over Random Alcohol Tests
EEOC Addressing Discrimination Against Unemployed

April 2011
Immigration Update on Enforcement Policies and Employer I-9 Audits
Does the Retaliation Concept Under Title VII Extend to One’s Relative or Significant Other?
OSHA Withdraws Proposed Rule on Repetitive-Motion Disorders
More Employers Changing Fixed Termination Dates for Leaves of Absence
Whether the Same Racial Slur Standard Applies to All Races

March 2011
Employer Accused of Racist Firings Establishes Defamation Case Against Protesters
Health Reform Update: Challenges to Healthcare Law Continue
Obama Ordered Review of Federal Regulations
EEOC Issues Final GINA Regulations
OSHA Makes New Push for Engineering Or Administrative Controls Over Noise Rather Than PPE
Employee Downloads Numerous Documents From Employers Computer While Secretly Working for Competitor

February 2011
Changes are Occurring in New Healthcare Law Implementation
ICE Enforcement Targeting Employers to Continue Until Immigration Reform is Reached
New Posting Rule For Private Employers

January 2011
Election to Change Labor and Employment Agenda
NLRB Issues New Policy on Reinstating Union Organizers
Can An Employer Revoke An Accepted Job Offer?
Woman Sues Employer Over its Gun Policy
IRS Releases Draft W-2 Form for 2011; Defers Requirement for Employers

December 2010
EEOC Officials to Participate in Panel Discussion at Conference
Latest Developments in Tennessee Workers Compensation Law
Healthcare Reform – Effects and Strategies for Employers
Social Media in the Workplace – Problems and Cures

November 2010
States and Feds Fight Over New Healthcare Law
Federal Appeals Court Finds Local Immigration Laws to be Preempted and Thus Void
Hewlett-Packard Sues Oracle Claiming Its CEO Can’t Work for Oracle Because of Confidentiality Agreement
Administration Pay-Backs to Organized Labor

October 2010
Health Care Regulations Defining Grandfathered Plans Create Urgent Need for Employers Planning on Healthcare Changes
Supreme Court Issues New Employment Privacy Ruling
Military Leave – It May Be Longer Than You Think

September 2010
Quirks In Leave of Absence Policies Can Lead to Expensive Litigation
Employers’ Increasing Use of Credit Checks Generates Legal Issues
Employer Turns Tables on Independent Contractors Claiming to be Employees
OSHA Withdraws Long Standing Noise Directive and Moves More Aggressively on Noise Issues

August 2010
Pay Discrimination Class Action Cases Snare Employers
Union Update
OSHA Inspection Warrant Quashed; Agency Rebuked for Exceeding Bounds
Early Retirees Healthcare Supplement Available Now
Healthcare Reform Update

July 2010
Tag, You (Employer) Are It!
Social Media in the Workplace

June 2010
Implementation Time Line for Health Care Reform
Labor Board Now Has Three Union Lawyers and One Republican

May 2010
We Can Help! U.S. Dept. of Labor, Wage and Hour Division
EEOC Proposed Regulations on “Reasonable Factors Other Than Age” Defense
OFCCP Government Contractor Audit Shows Trends in Enforcement
Spike in Male Sexual Harassment Claims
Employers Should Plan for More COBRA Subsidy Extensions

April 2010
Firm Changes Name to Wimberly Lawson Wright Daves & Jones, PLLC
Defense Spending Legislation Expanded Military FMLA Leave
Department of Labor Publishes Answers About Employee Hours and Pay Reductions
Correcting Employee Misclassifications Under the Wage-Hour Law
Does Your Health Plan Comply with Mental Health Parity Laws?
Wellness Programs and Employee Health Risk Assessment

March 2010
Here Comes Healthcare Expansion
New Law Extends COBRA Subsidy and Requires New Notices

February 2010
EEOC Issues Memorandum on Waivers of Discrimination in Employee Severance Agreements
ICE Sends Out 1000 New Workplace Audit Notices and Explains its Audit Process
Genetic Law Ban Went Into Effect in November
Sexual Stereotyping Found Where Male Discredited in Harassment Case
There are Two Advantages to Recession – Cost of Living Drops and Health Improves

January 2010
Employers Increasingly Being Sued Over Inflexible Leave Policies
Interesting Sex Harassment Cases Involve Admissibility of Plaintiffs Provocative Clothing, and Alleged Sexual Relationship on the Part of Higher-Ups
November Elections and the Healthcare Bill

December 2009
The “Honest Belief” Rule
Update on Immigration Issues

November 2009
DHS Issues Proposed Regulation Rescinding No-Match Rule
Democrats Make Card-Check Compromises to Encourage Passage
The Problem with Blackberries

October 2009
Supreme Court Issues a Major Decision on Conflict Between Affirmative Action for Minorities Versus Discrimination Against Others
Employer Lawfully Terminates Employee for Secretly Tape Recording Conversation with Supervisor
Whether an Employer May Use Police Polygraph Test Results
Is the Witness Lying? – Experts Debate the Truth
High Court Clarifies What “Because Of” Age Means

September 2009
Initial Regulations Published on New Genetic Discrimination Law
EEOC Preparing Broad Interpretation in Favor of Disability Coverage
Hot New Developments in Immigration Compliance

August 2009
Obama’s First 100 Days and Labor and Employment Changes
Dealing with Swine Flu and Related Maladies
DHS Announces New Worksite Enforcement Strategy

July 2009
Union Can Waive Employees’ Right to Sue in Court for Discrimination
EEOC Looking at Employer Use of Criminal and Credit Histories
DC Court Invalidates NLRB Rulings for All of 2008: Administration Appoints Two Union Attorneys to NLRB
Issues Over the Bonus Turmoil
Employee Lawfully Fired for Concealing Prescription Drug Use

June 2009
Union Card-Check Law Reintroduced, Opposition Mounts
Unions Discussing Possible Reunification with AFL-CIO

New COBRA Notices Due April 18, 2009
Poor Economy Leads to Increased Discrimination Charges and Litigation

May 2009
New Year Brings New Rules to Employers, and Also Prospects for More Severe Employment Restrictions
COBRA Changes in Stimulus Bill

April 2009
Employer May Not Retaliate Against Employees For Their Participation in Internal Discrimination Investigations
President Obama Signs First Law: The “Lilly Ledbetter” Act an Evergreen Statute of Limitations for Discriminatory Pay Claims
Changes in E-Verify, I-9’s, and Other Immigration Enforcement Plans

March 2009
Employers Deal with Legal Issues Arising During Layoffs
OSHA Adopts Final Rule on PPE Provision and Training: Potential Liability Tremendously Increased
Mandatory E-Verify Requirement for Government Contractors Postponed; Ruling on No-Match Social Security Letters to be Delayed; and New I-9 Forms Delayed Again

February 2009
How To Comply With The New FMLA Regulations

January 2009
Are You Ready for the “New” ADA January 1?
Anti-Discrimination Laws Do Not Require Questions and Processes be the Same for All Applicants
New Presidential Administration: “What Does it Mean?”

December 2008
What the Courts Narrow, the Legislature and President Expands: “The New ADA Law”
Does Worker’s Comp Apply to Telecommuters Working at Home?

November 2008
EEOC Issues New Religious Discrimination Guidelines
Effect of Supreme Court Ruling that the Constitution Protects an Individual’s Right to Keep and Bear Firearms
Is Employer Obligated to Disclose Abnormal Medical Results to Employee?
U.S. Supreme Court Backs “Employment-At-Will”
Some Employers “Fight” Rather Than Settle

October 2008
NLRB Takes Position on Workers Who Participate in Political or Pro-Immigration Demonstrations
Courts Expand Definition of Disabilities in Advance of ADA Amendments
Interstate Transportation Exemption from Overtime Narrowed
Plaintiffs’ Lawyers Have Difficulty Representing Undocumented Immigrants
Steelworkers and European Union Create Global Union

September 2008
Supreme Court Issues Two Age Discrimination Rulings
Discipline of Employees For Off-Duty Smoking or Other Lawful Activities
State Law Prohibiting Funds to Deter Organizing Pre-empted by Labor Act

August 2008
Supreme Court Issues Two Pro-Plaintiff Employment Retaliation Rulings
Reliance Upon Clinics for Healthcare Needs
Plaintiffs’ Lawyers Sometimes Take “Hit”
Ads Preferring Older Workers Now Allowed by EEOC
OSHA Primer for Employers

July 2008
Genetic Discrimination Law Bill Becomes Law
Employer May Discharge Employee for Exceeding FMLA Cap
New EEOC Rule Allows Reduction in Health Insurance Benefits for Retirees 65 and Older
Advice Given to Faith-Based Employers
But DNA May Be Useful in Civil Cases

June 2008
Status of Revised DHS No-Match Rules
Can An Employee Be Discharged for a Combination of Unexcused and FMLA Absences?
Is Mandatory Retirement Ever Lawful?
Disabled Worker Raises Claim of Frequent Bathroom Breaks
Update on Pending Federal Immigration Legislation

May 2008
New FMLA Regulations Proposed
Supreme Court Rules on Evidence of Discrimination Against Employees Other Than Plaintiff

April 2008
Employer’s Harassment Policy With Numerous Avenues for Reporting Harassment Established Defense
NLRB Issues Important New Decision on E-Mail Policy and Exceptions to Solicitation Rules
Accommodation for Sunday Morning Services
Loss/Theft of Employee Personal Information

March 2008
Update on No-Match Letters and Ice Enforcement
Employee Blogging
What is a Reasonable Harassment Complaint Procedure?
Perspective – Recent Labor Settlements Provide Dramatic Changes
February 2008
Employer Payment for Personal Protective Equipment Must Be Implemented

May 15, 2008
FMLA Coverage Required Where Implied in Employee Handbook
Collective Decision Making Less Susceptible to Discrimination Liability
Trends to Watch for in 2008
Cost of Regulations
Perspective – What Is “Caregiver” Discrimination?

January 2008
Recent Changes to the I-9 Form Requirements and the Voluntary E-Verify Program
Use of Different Rates in Calculating Overtime Doesn’t Violate Wage-Hour Law
How to React to Reports That You May Have Illegals In Your Workforce

December 2007
Important Ruling Against DHS No-Match Regulation Creates Dilemma
Abusive Union “Card-Check” Agreements Suffer a Setback
Minimum Time Period for Lunch, and Use of Time Clock for Lunch Breaks
Employer Faces Litigation for Cooperating with Police Lie Detector Testing
Discharge of Female of Pair Having Affair Upheld by Court
Strategy on Dealing with No-Match Letters in the Future

November 2007
Employer May Reassign More Qualified Employee Even If Disabled Employee Wants Vacant Job
EEOC Issues Opinion On Use of Fitness Tests for Job Promotions
Court Finds Sex Discrimination Over Employer’s Use of Pre-Employment Strength Test
Improving The Hiring Process

October 2007
Final DHS Social Security No-Match Regulation Issued
Comments On New DHS Mis-Match Regulation

September 2007
Minimum Wage Change Takes Effect
Confusion Also Arises Due To Varying State Wage-Hour Laws and Exemptions
Immigration Reform Defeated
The Senate Also Deals A Fatal Blow To Union Organizing Bill – For Now
Supreme Court Rules When Employees Must Claim Discrimination In Pay
Union Organizers Attempt to Form Own Union, In The Firm’s Recent Election Win

August 2007
President and Senators Compromise On Comprehensive Immigration Reform
Alternatives and Tips On Handling Social Security Mis-Match Letters

July 2007
Virginia Tech Tragedy Creates Dilemma for Employers
Recent Case Raising Similar Issues for Employers
Employee Discharged for Not Cooperating With Employer Regarding Her Harassment Complaint
EEOC Conference Discusses Imus Case

June 2007
Wal-Mart Faces Biggest Class Action In History
Payroll Check Fraud and Use of Direct Deposits Create Legal Issues
Considerations In Designing A Wellness Program

May 2007
“Sign Up For Union” Bill Passes House
Union Membership Drops Furnish Impetus For Labor Bill
Genetic Discrimination Bill May Pass Congress As Well
Employers Need To Plan Overadjustments For Minimum Wage Changes
Bank One Settles Administrative Separation Case With EEOC for $2.2 Million

April 2007
Eavesdropping on Private Employee Telephone Conversations Gets Employer In Trouble
Coca-Cola Case Reminds Employers of Confidentiality Policies and Procedures
Legal Aspects of Health and Wellness Programs

March 2007
Whats Ahead For Legislation in 2007
Immigration Enforcement Status Update
The Background to the Swift Raids
Comments and Observations From Swift Raids and Current ICE Enforcement Policies

February 2007
New Rules Changes Require Defendants To Preserve Evidence
Making Up Lost Time Does Not Destroy Exempt Status
Investigatory Techniques Bring Down Top Management of Hewlett-Packard
News From EEOC and OFCCP
How Much Do Companies Spend on Litigation

January 2007
Democrats Win To Affect Minimum Wage, Immigration and Labor
Vacation Pay Alert
Severance Pay Alert

December 2006
DOL Study Finds That ADA Accommodations Cost Little
Majority Of House Of Representatives Backs Union Card-Check Bill
Some Cases Support Management Rights In Handling FMLA Leave
Everbody Loves A Good Party – But Avoid The Liability “Part” Of The “Party”

November 2006
Females Recover For Inadequate Protective Clothing and Inadequate Shower and Restroom Facilities
Another Bathroom Issue Involves Transsexual
Is There An Obligation To Report Employees’ Dangerous or Criminal Activity To Others?
State Legislatures Address Prohibition of Guns on Company Property

October 2006
Inside INS
In-House Company Attorneys Urge Liberal Application

September 2006
Overreacting to Social Security Mismatches Gets Employers in Trouble
Supreme Court Interprets Retaliation Provisions Broadly To Go Beyond Those Related to Employment or That Occur at The Workplace

August 2006
Immigration Update

July 2006
Employee’s Deletion of Computer Files Violates Computer Fraud Law
State Laws Having Significant Impact on Health Insurance
Whether Your Job Rotation is Essential Function, Held To Be a Jury Question
Homeland Security’s Immigration Enforcement Strategy Affect Employers

June 2006
Business Planning Required for Avian Flu
Immigration, Politics, and Strange Bedfellows
Addressing the National Hispanic Boycott

May 2006
Supreme Court Finds Use of Term “Boy Shows Discrimination
New EEO-1 Forms Effective In 2007
OFCCP Issues Rules On Internet Applicants
EEOC Insider Explains Agency Procedures
OFCCP Wants To Eliminate Equal Opportunity Survey

April 2006
Labor Department Issues Final Regulations on Rehiring Veteran Responsibilities
Employee Membership Groups Are Expanding
Gallup Polls Percent of Workers Experiencing Discrimination

March 2006
Supreme Court Addresses When The Work Day Starts
Anita Patel To Present at American Immigration Lawyers Association Conference
Discharge of Employee for Lying During Harassment Investigation

February 2006
Abusive Remarks Do Not Have To Be Sexual to Create Sex-Based Hostile Environment
Manager Has Repeated Seizures, Requests Employer Provide Transportation – What To Do
Should I Be Concerned About Avian Flu?

January 2006
Diversity Training In U.S. Expands
Minimum Wage Increase Comes Before Congress
Demands For Labor Givebacks And Retiree Cuts To Increase
Wal-Mart Changing National Standards, And Even The Economy

December 2005
Employer Deals With Work Stoppage Of Non-Union Hispanic Employees
Developments In Competitive Employee Benefits
Electronic Record Keeping Now Complete With Changes Allowing Electronic I-9’s
Changes In Positive Workplace Drug Tests Reported

November 2005
Consensual Affair With Boss Brings Sex Harassment Rulings
Seemingly Harmless Nickname Creates Harassment Issue
Uncontrolled Diabetes Found To Be Direct Threat To Plant Safety
New Unemployment Benefit Rules More Strict
New Overtime Regulations Result In An Increase In Lawsuits
What Really Caused The AFL-CIO Split?

October 2005
Personality Tests For Promotion May Violate ADA
Discussing Disability Issues With Current Employees
Employer May Prefer Bilingual Person Without Discriminating
Dealing with Subpoenas For Protected Health Information
OSHA Rejects Challenges To Its Ergonomics Guidelines

September 2005
Longer Military Tours Create New Issues
Wal-Mart Pays $11 Million For Illegal Workers
Even Asking Employee To Voluntarily Take Polygraph Violates The Law
Sources Of Information For Background Checks

August 2005
Is E-Mail Sufficient Legal Notice For Employees?
Who Was Right About The New Wage-Hour Regulations?
Supreme Court Ruling On Policies Adversely Affecting Older Workers Warrants Attention
“Confederate Southern-American” Loses National Origin Claim
EEOC Regulation Allowing Termination Of Retiree Benefits Upon Eligibility For Medicare Ruled Invalid

July 2005
Supreme Court Says Unintentional Age Discrimination Illegal
“Disorganized” Labor Makes Plans After Continuing Membership Declines
Boeing CEO’s Resignation Raises Workplace Romance Issues
What Is The “Cat’s Paw” Theory Of Employment Discrimination?

May/June 2005
Drug Test Fraud Causes States And Employers To Respond
What Happens When an Employer Conducts a Background Check on an Employee Who Has Filed an EEOC Charge
Bullets to Dodge Under New White-Collar Exemptions
Conflicting Benefit Plan Documents Resolved in Favor of Employee

April 2005
Firing Non-Union Worker Who Asks For Witness May Violate Labor Act
Benefit Plan Not Effective Until Formally Adopted According to Plan Procedures
Safety a Higher Priority for Employees
Is a “Nasty” Employee Protected Under the ADA?
Employers Using Corporate Chaplains

March 2005
NLRB Rules On Lawfulness Of Employer’s Work Rules
Department of Labor Supports Employer Response to Monday and Friday Absences
ADA Does Not Permit Disclosure That Co-Worker Has Communicable Disease
Employers Praise EEOC Mediation, But Few Participate
Settlement Offer Or Extortion – Inquiring Minds Want to Know

February 2005
How Employers Deal With Unprecedented Misconduct
SHRM Surveys Employer Medical Leave and FMLA Policies
Courts Support Workplace Drug Testing Programs
Department of Labor Also Surveys and Considers Changes in the Family and Medical Leave Act
NLRB Limits Temp Workers in Union Bargaining Units
Average Plaintiffs’ Verdict Increases
Head Nod Expressions as Admission of Guilt
Graffiti Must be Quickly Addressed
Layoffs and Statistics – Damned If You Do and Damned If You Don’t
Effects of Four More Years

January 2005/December 2004
Out sourcing Off-Shore Gets Controversial
State Laws Affect Wage-
Hour Changes Also
Employers Must Exercise
Care in Job Offers
Survey Reveals Top
Litigation Concerns,
Number of Cases
Courts Disagree Whether
Employers’ Attendance Notice
Policy Trumps FMLA

November 2004
Overtime Rules Have Clocked In
Employers’ Diversity Efforts Failing
New Targeting Plan for Government Contractor Compliance Announced
Labor Day Review of Union Plans

October 2004
Same-Sex Unions Create Legal Quagmire For Employers
Are You Ready For The Implementation Of New Wage and Hour Regulations?
Workers Caught With Weapons On Property May Be Fired, Court Rules
“Going Postal” Requires Government To Radically Change Handling Violence
Benefit Plan May Be Amended To Benefit One Employee
Employers Receive Relief On Pension Contributions

September 2004
Non-Union Employees No Longer Have Right To Representation At Employer Interviews
Employer’s Right to Investigate Also Expanded in Recent Credit Act Changes
Supreme Court Rules on What a Constructive Discharge Is
National Class Action Against World’s Largest Employer

August 2004
Religious Accommodation To Diversity Policies
Cases Increasing Over Differences in Harassment Discipline
Victims of Domestic Violence Not Protected from Discharge
Improving Economy to Test Employee Loyalty

July 2004
Wage and Hour Issues New White Collar Exemption Regs

June 2004
Discharge Of Alcoholic Shows Narrow Interpretation Of ADA
New Federal Notice Requirements
for Unionized Government
Contractors
Supreme Court Says Employer
Can Favor Older
Workers
Perspective of Fairness
Critical in Minds of Jurors

May 2004
A Layman’s Guide To Beginning HIPAA Compliance
HIPAA Compliance Checklist;
HIPAA Practical Advice
HIPAA Special Issues

April 2004
Catching Employees Who Misuse Leave
Use of EEO-1 Forms in Discrimination
Litigation
Progress on EEOC’s Mediation Program
Update on Affirmative Action and Pay Surveys
Update on Social Security No-Match Letters

March 2004
Abuse Of Corporate E-Mail Systems By Spam
Hazardous Chemical Update
Former Employee’s Claim of Defamation and Black-Listing Rejected
One-Fifth of Women Report Being Sexually Abused
Issues Regarding Withholding from Final Paychecks

February 2004
Can You Discharge A Worker On Workers’ Comp?
Wal-Mart Facing Immigration and RICO Lawsuits
Are Undocumented Workers “Employees” for Workers’ Compensation?
Proving Training Takes On New Importance in EEO Cases

Representative Clients

  • Berkline, LLC
  • Blount Memorial Hospital
  • Bush Brothers Food
  • Clayton Homes
  • Cookeville Regional Medical Center
  • DENSO International American, Inc.
  • K-VA-T Food Stores, Inc. (Food City Stores)
  • Lear Corporation
  • Mahle, Inc.
  • MasterCraft Boat Co.
  • Michael Dunn Center
  • ORNL Federal Credit Union
  • Panasonic (ACOM)
  • Putnam County Tennessee
  • Science Applications International Corp. (SAIC)
  • Service Solutions, SSC
  • The H.T. Hackney Company
  • The Keller Group
  • TVA Federal Credit Union
  • University of Tennessee Medical Center
  • Wood Properties

Contact Us

Contact the Law Firm of Wimberly Lawson Wright Daves & Jones, PLLC

Wimberly Lawson is a full service labor, employment and immigration law firm, representing management exclusively. Our attorneys provide services ranging from employment law consultation with human resource departments, to the defending against class action lawsuits. Our firm represents corporate interests in the southern states of Tennessee, Alabama, Georgia, Florida, Kentucky, North Carolina, South Carolina, and Mississippi, as well as nationally and internationally. If you have a question for one of our lawyers, or would like to set up a consultation, simply submit the form below. A member of our staff will be in touch with you shortly.

Wimberly Lawson Wright Daves & Jones, PLLC
550 Main Avenue, Suite 900
Knoxville, TN 37902
Telephone: 865-546-1000
Fax: 865-546-1001

Mailing Address:
P.O. Box 2231
Knoxville, TN 37901-2231

http://www.wimberlylawson.com/

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