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Anne Knox Averitt is a labor and employment and litigation partner in the Birmingham office. She represents governmental and corporate clients in a number of industries, including automotive, natural resources, manufacturing, health care, non-profit, employee staffing, housing compliance, communications, federal contracting, construction, and financial services. She has helped to obtain favorable resolution for matters at all stages, from dismissal on the initial pleadings to a defense jury verdict.

Is your employee handbook a binding contract? A recent case from the Alabama Supreme Court, Davis v. City of Montevallo, says sometimes it is. Many employers issue handbooks to set forth guidelines for what employers expect of employees, and also what employees can expect from their jobs. In at-will employment states, companies think of

With Hurricane Ivan wreaking havoc, our thoughts go to those in the path of the ever-strengthening storm. The first priority for all affected is safety, but severe weather does also raise numerous employment law issues. Employers are again reminded that weather can affect your workplace. With hurricane season underway, we have updated this previously published

Guaranteed confidentiality with regard to employee disputes may be becoming a thing of the past if the current tide of legislation continues. As we blogged about several weeks ago, Congress just banned arbitration agreements for sexual harassment claims. Even more stringent than that new federal legislation, Washington and California have both recently passed a “Silenced

Staying Current on the Stays, Updates on Federal Vaccine Mandates, and the Alabama Vaccine Exemption Law
Staying Current on the Stays, Updates on Federal Vaccine Mandates, and the Alabama Vaccine Exemption Law

As we are sure you have heard, many people are not all that psyched about the federal government mandating that employees get vaccinated. Just to keep everyone on the same page in these ever-changing times,

It’s Finally Here: OSHA Reveals COVID-19 Vaccine Rule for Private SectorThe OSHA Emergency Temporary Standard is hot off the presses — now what? Undoubtedly, there will be lots and lots of discussion and legal challenges over the next several days. Although this is not an in-depth analysis, here are the nuts and bolts:

In general, the ETS:

  • Applies to employers with 100 or more employees

Get Poked or Get Canned – Can You Terminate an Employee for Refusing the Vaccine? The answer is it depends.

Why is the employee refusing the vaccine?

For employers mandating the vaccine, an employee’s refusal to receive it because he or she simply does not want to be vaccinated is likely fair game for termination. Typically, however, an employee will seek a reasonable accommodation that enables him or her not

Leggo My Eggo and Pass the Legal Advice! Come to Breakfast with Bradley on June 17Employers across the country are curious how the labor and employment world may change under President Biden’s administration. March saw Marty Walsh, former mayor of Boston, confirmed as the U.S. Secretary of Labor. What is his philosophy? The DOL postponed the effective date of a new Independent Contractor Rule. Will it ever go into effect? 

And Don’t Forget the Milk and Bread – Paying Employees in Weather EmergenciesWhen everyone’s phone issues that long beep indicating a hazardous weather warning, you know that weather could possibly affect your workplace. With blizzard season (or, in the South, snow flurry season) underway, we have updated this previously published group of tips on how to deal with extreme weather. 

Hurricanes, Blizzards, and That Dreaded TORCON Index

‘Tis the Season — Year-End Reminder of 2020’s FLSA Salary Threshold Increase and What You May Need to Check NowRemember last January and the salary threshold change the Department of Labor rolled out for salaried exempt and highly compensated employees under the FLSA? As the end of the year approaches, you might need to revisit the DOL’s salary threshold increases that took effect January 1, 2020.  In January, we anticipated that this would be