Tennessee Jury Duty Pay Includes Travel Time

The Tennessee Attorney General recently issued an opinion finding that Tennessee law requires employers to pay employees for time spent traveling to and from jury duty. 

While Tennessee law clearly required employers to provide an employee with the employee's "usual compensation" for serving on a jury, there was a question as to whether the employee was entitled to payment for travel time to and from the court when the employee was not usually compensated for travel to and from work.  According to the Attorney General, the statute's reference to "usual compensation" includes the time the employee spends traveling to and from jury duty.

The Attorney General's interpretation of the statute poses a potential trap for the unwary employer who is not accustomed to paying employees for travel time.  In fact, in most cases, employers are not obligated to pay employees for travel from their homes to work and back each day.  Accordingly, human resources and payroll professionals should note this exception to the general rule and make sure that employees are properly compensated when reporting for jury duty.

“Hope and Change: Employment Laws are Changing, Better Hope You are Prepared”

            The Hunter, Smith & Davis Labor and Employment Team will be holding its annual Labor and Employment Seminar on Thursday, October 27, 2011 at the Millennium Centre in Johnson City, Tennessee.

The following topics, as well as your questions, will be addressed during this lively half day session. 

·         Americans With Disabilities Act:  Millions More Employees are Now Covered

·         Workers’ Compensation – Recent Changes to this Ever-Changing Law

·         Erosion of The Employment at Will Doctrine By Retaliation and Whistleblowing claims

·         Distinguishing Independent Contractors from Your Employees: It’s Getting Harder

·         Body Art – How Much Self-expression Must an Employer Tolerate?

·         We’re From the Government and We’re Here to Help  . . . UNIONS!

·         Immigration Law Update

Continental Breakfast and Lunch will be provided.  Registration and breakfast begin at 7:30 a.m. followed by presentations from 8:00 to 12:00 and lunch and questions at 12:00.

The cost is $30 for first registration and $20 for each additional registration.

Reserve your spot by calling 1-877-552-9928 or e-mail msizemore@hsdlaw.com.

      If you have any questions, call Steve Darden at 283-6303.

NLRB Postpones Deadline For Posting Notice

The National Labor Relations Board announced recently its decision to postpone the implementation date for its new notice-posting rule. Previously, the Board's new notice-posting rule required employers to post the 11x17 inch poster no later than November 14, 2011. That date has been delayed until January 31, 2012.

In a press release, the Board indicated that the rule's effective date was delayed "by more than two months in order to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses." The Board indicated that it had received a number of questions from business and trade organizations that suggested uncertainty about which businesses are covered by the new requirement.

Other than the effective date, no other changes in the rule, or in the form or content of the notice, will be made.