J.K. Simms, Author at Labor & Employment

SUMMARY JUDGMENT GRANTED TO FIRM CLIENT IN LAWSUIT INVOLVING CLAIMS OF RACIAL, SEXUAL, RELIGIOUS HARASSMENT AND RETALIATION

By J.K. Simms, July 17 2014

24 Shares

The United States District Court for the Eastern District of Tennessee granted summary judgment on all discrimination, harassment and retaliation claims asserted against a Thompson Burton client in the staffing industry. The case demonstrates that regardless of how harmless an employer might view conduct complained of by an employee or how bizarre an employer might view the employee’s complaints, if an employer responds appropriately to address the complaints it stands a decent chance of having the lawsuit dismissed. The Court’s ruling can be read in its entirety here. In this case, the Plaintiff alleged an assortment of inappropriate conduct by her manager, which Plaintiff argued created a hostile working environment in an office with only 3 employees, all of which are female. The conduct complained of by Plaintiff included: Discussion of undergarment preferences in office Lifting of a shirt to show a particular type of bra worn by supervisor, where […]

Share

Share24

24 Shares

Why Complete and Accurate Job Descriptions are Important under the ADA

By J.K. Simms, January 17 2014

Share

0 Shares

Share

0 Shares

Wayne Henschel was employed as an excavator operator for a county road commission when he was seriously injured in a non-work related motorcycle accident. Ultimately, his leg had to be amputated above the knee. As you might imagine, he missed a great deal of time from work. While Mr. Henschel was off work his employer advertised for and filled his position until he could return to work. After recovering from his injuries, Mr. Henschel asked to return to work as an excavator operator. Before being allowed to do so, Mr. Henschel underwent a fitness for duty examination, in which his ability to perform the essential job functions was evaluated. The excavator operated by Mr. Henschel was delivered to work sites via a trailer that was pulled by a manual transmission semi-truck. While Mr. Henschel was cleared to return to work, he could only operate an automatic transmission vehicle. Because he […]

Share

0 Shares

Why Your Company Needs an Employment Lawyer When Faced with an EEOC Charge of Discrimination

By J.K. Simms, October 8 2013

5 Shares

5 Shares

Abraham Lincoln is credited with saying “he who represents himself has a fool for a client.” I believe the same is true for any company that does not enlist the services of an employment lawyer to represent it in matters before the U.S. Equal Employment Opportunity Commission (“EEOC”). The EEOC is the agency responsible for enforcing federal laws prohibiting discrimination against job applicants and employees because of the person’s race, sex (including pregnancy), national origin, religion, color, age (40 or older), disability or genetic information. In 2012, the EEOC received nearly 100,000 charges of discrimination. That is an increase of approximately 33% over the number of charges filed in 2006, and is the most charges filed in the history of the organization. If your company has never had to respond to a Charge of Discrimination, congratulations…….and knock on wood. In all likelihood, it is just a matter of time before […]

Share

Share5

5 Shares

FIVE WIDESPREAD MYTHS ABOUT OVERTIME COMPENSATION UNDER THE FAIR LABOR STANDARDS ACT

By J.K. Simms, September 5 2013

7 Shares

7 Shares

Fully understanding the overtime compensation provisions of the Fair Labor Standards Act (“FLSA”) is a tall order. Several times a week, I have to correct a misconception concerning a wage and hour issue. The fact is most employers continue to operate under false assumptions or misunderstandings about the Act’s requirements concerning overtime compensation. Employers do so at their own potentially costly peril. In recent years, investigations by the Department of Labor have dramatically increased. In addition to the potential costs and exposure (not to mention administrative headaches) that may result from a DOL investigation, employers who do not comply with the Act face the possibility of class action lawsuits. In addition to the company being forced to hire an attorney to defend such a lawsuit, among the damages available to a plaintiff in a FLSA lawsuit are backpay damages, liquidated damages of double backpay for willful violations, prejudgment interest. Additionally, […]

Share

Share7

7 Shares

U.S. Supreme Court Ruling Provides Tactical Guidance in FLSA Collective Action Cases

By J.K. Simms, September 4 2013

Share

0 Shares

Share

0 Shares

As the United State Supreme Court gears up to begin a new term next month, I want to revisit one of the more notable employment law decisions from last year’s term. The United States Supreme Court issued an opinion that handed a victory to employers and also provided some tactical guidance to those of us who represent employers in lawsuits filed under the Fair Labor Standards Act (“FLSA”). Before I discuss the case, let me begin with a little bit of an introduction or refresher on the FLSA. Most of you are at least somewhat familiar with the FLSA. Among other things, this law provides legal recourse for employees who are not paid the federally mandated minimum wage and for those non-exempt employees who are not paid time and a half for hours worked in excess of forty hours per week. Lawsuits under the FLSA continue to rise each year. […]

Share

0 Shares