Employment Law Report

Tennessee’s New Noncompete Statute

Tue, 04 Aug 2026 09:00:01 -0400

EEOC Votes To Rescind Data Reporting Requirements

Tue, 28 Jul 2026 09:00:02 -0400

Are You Meeting OSHA's Injury and Illness Recordkeeping Requirements?

Fri, 17 Jul 2026 09:00:03 -0400

Tennessee’s New Noncompete Statute

Emma Mansberg Weintraub, Sarai Simpson (Summer Associate) — Tue, 04 Aug 2026 09:00:04 -0400

On May 7, 2026, House Bill 1034 was signed into law, officially enacting the first general employment noncompete statute in the state of Tennessee. HB 1034 became effective July 1, 2026. Because certain violations could void noncompete agreements, it is imperative for Tennessee employers to familiarize themselves with the statute’s new requirements. The two most noteworthy changes are (1) the compensation provisions and (2) the new presumptions when assessing the reasonableness of a noncompete agreement.

EEOC Votes To Rescind Data Reporting Requirements

Michelle D. Wyrick — Tue, 28 Jul 2026 09:00:05 -0400

By a 2-1 vote, on July 21, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted to issue a proposed rule to rescind the requirement for employers to file annual EEO-1, EEO-2, EEO-3, EEO-4, EEO-5, and EEO-6 reports and the related recordkeeping requirements. The EEOC has determined that the reports, which summarize aggregate data on race and sex, are “inconsistent with equal employment opportunity law and potentially unconstitutional.”

Are You Meeting OSHA's Injury and Illness Recordkeeping Requirements?

Cassidy R. Zang — Fri, 17 Jul 2026 09:00:06 -0400

Most employers are familiar with the Occupational Safety and Health Administration (OSHA) and its enforcement of workplace safety standards. However, many employers overlook their recordkeeping obligations under the Occupational Safety and Health Act of 1970. Employers must maintain records of certain workplace-related injuries and illnesses. These records capture key information about workplace incidents, including what happened, when and where the incident occurred, who was involved, and any resulting medical treatment.

The 90 Day Labor Contract Rule: Congress Hits the Fast Forward Button (Employers Hit the Panic Button)

Laura D. Caty — Tue, 07 Jul 2026 09:00:07 -0400

In June of 2026, the U.S. House of Representatives passed the Faster Labor Contracts Act with bipartisan support in a 230-193 vote. This has monumental importance to those companies that are not currently organized (unionized).

Justice Department Office of Legal Counsel Issues Slip Opinion to the EEOC Regarding Disparate Impact Liability

Brandon A. Girdley — Fri, 26 Jun 2026 09:00:08 -0400

On June 9, 2026, the U.S. Department of Justice Office of Legal Counsel announced the issuance of a slip opinion to the Equal Employment Opportunity Commission (EEOC) regarding disparate impact liability. The slip opinion holds that the EEOC’s guidelines on disparate impact liability under Title VII of the Civil Rights Act could lead to employer liability for unequal hiring and promotion outcomes among different groups, without regard to the employer’s likely intent.

DOL Opinion Letters are Not Federal Law – But Can Be Helpful for Employers

Thomas P. Rogers — Tue, 16 Jun 2026 09:00:09 -0400

Since the beginning of 2026, the United States Department of Labor (DOL) has issued a slew of opinion letters. In this space, we often comment and provide guidance on those letters. With that said, it is important to remember that DOL Opinion Letters are not binding federal law.

Department of Labor Issues Four New Opinion Letters Addressing Overtime Exemptions, Among Other Issues

Drayden Burton — Wed, 10 Jun 2026 09:00:10 -0400

On May 28, 2026, the U.S. Department of Labor (DOL) issued four new opinion letters addressing various issues related to the Fair Labor Standards Act (FLSA). Two of those letters, FSLA 2026-5 and FLSA 2026-7, came to conclusions particularly relevant to most employers.

Hiring Teen Workers This Summer? Indiana Employers Should Know These Changes

C. Tyson Gorman — Tue, 02 Jun 2026 09:00:11 -0400

As the school year draws to a close and some employers turn to workers under the age of eighteen (18) to fill various open roles for the summer and beyond, we note a couple of recent changes by Indiana lawmakers concerning the employment of minors.

Supreme Court to Decide Significant Title IX Employment Case

Claire E. Parsons — Tue, 02 Jun 2026 09:00:12 -0400

Title IX is a statute that many people associate with protections for the students of educational institutions and other recipients of federal funds. Since the aim of the statute is to end and prevent discrimination on the basis of sex, Title IX also protects employees of educational institutions as well. Does this mean that employees of entities covered by Title IX can file a lawsuit seeking money damages? This is what the Supreme Court will decide next.

Not So Fast: A Few OBBBA Overtime Issues Employers May Overlook

Daniel E. Burke, Michaela Taylor Sheppard — Tue, 26 May 2026 09:00:13 -0400

The One Big Beautiful Bill Act (OBBBA) provides, among many new legislative changes, a new tax deduction for employees who work overtime hours. In 2025, employees were eligible to deduct up to $12,500 in qualified overtime premiums from their taxable income. This includes overtime required by the Fair Labor Standards Act (FLSA) but does not include any state law overtime or more generous overtime provided under a collective bargaining agreement. These deductions are also limited strictly to the overtime premium pay amount. This does not include the normal pay they receive during overtime hours.

Employment Law Report

Tennessee’s New Noncompete Statute

EEOC Votes To Rescind Data Reporting Requirements

Are You Meeting OSHA's Injury and Illness Recordkeeping Requirements?

Tennessee’s New Noncompete Statute

EEOC Votes To Rescind Data Reporting Requirements

Are You Meeting OSHA's Injury and Illness Recordkeeping Requirements?

The 90 Day Labor Contract Rule: Congress Hits the Fast Forward Button (Employers Hit the Panic Button)

Justice Department Office of Legal Counsel Issues Slip Opinion to the EEOC Regarding Disparate Impact Liability

DOL Opinion Letters are Not Federal Law – But Can Be Helpful for Employers

Department of Labor Issues Four New Opinion Letters Addressing Overtime Exemptions, Among Other Issues

Hiring Teen Workers This Summer? Indiana Employers Should Know These Changes

Supreme Court to Decide Significant Title IX Employment Case

Not So Fast: A Few OBBBA Overtime Issues Employers May Overlook

Daniel E. Burke

Laura D. Caty

Lee P. Geiger

Cassidy R. Zang

James Whelan

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