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John Rodgers represents public and private employers in employment-related litigation and assists them with employment policies, employee handbooks, workplace investigations, disciplinary actions, and terminations. He actively litigates employment disputes on behalf of employers and has handled discrimination and retaliation, wage and hour, FMLA, and non-compete cases in both state and federal court. He also devotes substantial attention to ERISA litigation and representing individuals and businesses in conservatorship matters.

New Tennessee Law Prohibits Many Employers from Requiring Proof of COVID-19 Vaccination Status, Creates Exemption Process for Federal ContractorsEmployers in Tennessee need to hold off on requiring COVID-19 vaccine proof from employees because they might run afoul of a newly minted law. On November 12, Tennessee Gov. Bill Lee signed an omnibus COVID-19 bill into law and as a result, most Tennessee employers cannot mandate their employees and applicants show proof of COVID-19

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

Potential New Tennessee Law Prohibits Many Businesses from Requiring Proof of COVID-19 Vaccine, Requires Government Contractors to Apply for ExemptionThings just got more complicated in Tennessee for private employers wrestling with COVID-19 vaccines. On October 30, the Tennessee Legislature passed an omnibus COVID-19 bill that does not entirely line up with the current or expected federal mandates. While the bill is not law yet, the highlights include:

  • Don’t ask for proof of vaccine. The

Who Is That Masked Employee and Is She Vaccinated? Employers Wrestle with New CDC GuidelinesDo you trust your employees about their vaccination status, or do you need to see proof? Since the Centers for Disease Control and Prevention’s (CDC) new mask guidance came out last week, many employers have been wrestling with the question of how best to determine the COVID-19 vaccination status of their employees.

The CDC’s guidance

Don’t Let Your Employee’s “Unpaid” Meal Breaks Turn into a Costly Mistake for YouAn unpaid meal break can become a very expensive lunch for an employer, but there are ways to comply with the Fair Labor Standards Act (FLSA) to try and minimize the risk.

Identifying the Potential Problem

The problem that results from unpaid meal breaks typically arises like this:

  • Nonexempt employee clocks out for lunch, or

Tennessee’s New ‘Pregnant Workers Fairness Act’ Requires Employers to Reasonably Accommodate Pregnant EmployeesThere is a new law for Tennessee employers. As of October 1, 2020, those of you with employees in Tennessee must reasonably accommodate pregnant employees under the state’s new “Pregnant Workers Fairness Act” or else face potential civil liability.

New Obligations and Cause of Action

Under the act, which applies to employers with 15

That Un-Masked Man: Can a Business Ask a Customer Who Refuses to Wear a Mask Because of a Disability to Leave?In the COVID-19 era, many employers and businesses are wrestling with unprecedented issues. You can add one more to the list: Can you have your employees ask a customer who refuses to wear a mask because of a claimed disability to leave?

Under the Americans with Disabilities Act (ADA), a place of public accommodation –

Business Re-Entry – What Should Employers Be Considering Before Opening Their DoorsWe recently presented to the Nashville Area Chamber of Commerce via webinar on “Business Re-Entry – What Should Employers Be Considering Before Opening Doors?” The link to the webinar is below. In this webinar, we discussed developing a plan for re-opening, communication tips for employees regarding returning to work, and screening considerations for employees returning

DOL’s Regulations for FFCRA, Part II: Calculating Amounts and Pay for Leave, Intermittent Leave, and How it Works with PTOIn Part I of this post we covered some of the logistics you need to get started with the FFCRA paid leave provisions. Today we will continue our review of the Department of Labor’s FFCRA temporary regulations and discuss the guidance on leave entitlement based on hours worked, calculating the amount of pay due for