Attorneys in Kramer Rayson’s employment section have represented clients on many statutory and common law claims, including claims for sexual harassment, hostile work environment, racial harassment, retaliatory harassment, wrongful discharge, tortious discharge, retaliation for being a “whistleblower,” retaliatory discharge, defamation (libel and slander), breach of contract, outrageous conduct / intentional infliction of emotional distress, invasion of privacy, and enforcement of confidentiality and non-compete covenants. The Kramer Rayson attorneys who practice Employment Law are Edwin H. Rayson, Edward G. Phillips, Warren L. Gooch, Thomas M. Hale, Beecher A. Bartlett, Jr., John C. Burgin, John E. Winters, Robert L. Bowman, Charles E. Young Jr., Steven E. Kramer, Kate E. Tucker, Betsy J. Beck, William J. Carver and Shannon D. Coleman.
Kramer Rayson LLP’s employment practice dates back to its founding when Russell Kramer (and later Ed Rayson), representing Atomic Energy Commission contractors in Oak Ridge (as part of the Manhattan Project), persuaded the United States District Court for the Eastern District of Tennessee, and later the United States Court of Appeals for the Sixth Circuit, that the atomic bomb was “sui generis” and therefore outside the interstate commerce provisions of the Fair Labor Standards Act. Young v. Kellex Corp., 82 F. Supp. 953 (E.D. Tenn. 1948); Selby v. J. A. Jones Constr. Co., 175 F.2d 143 (6th Cir. 1949).
Shortly afterwards, Ed Rayson persuaded the National Labor Relations Board that the Oak Ridge Hospital was not subject to the National Labor Relations Act. As it was then, the firm now provides top quality representation for virtually every aspect of the employment relationship. At one time, the employment law field consisted primarily of the National Labor Relations Act and the Fair Labor Standards Act of 1938, and was then called “Labor Relations.” Employers must now ensure complete compliance with a host of federal and complementary state and local statutes. Among others, the firm has represented and advised clients on a claims and issues arising under the following statutes:
- National Labor Relations Act, 29 U.S.C. §§ 141 – 187.
- Fair Labor Standards Act of 1938 (“FLSA”), 29 U.S.C. §§ 201 – 262.
- Equal Pay Act of 1963, 29 U.S.C. § 206(d).
- Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-1 – 2000e-17.
- Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. §§ 621 – 634.
- Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12001 – 12213.
- Family and Medical Leave Act of 1993 (“FMLA”), 42 U.S.C. §§ 2601 – 2654.
- Civil Rights Acts of 1870 and 1871, 42 U.S.C §§ 1981 & 1983.
- Occupational Safety and Health Act of 1970 (“OSHA”), 29 U.S.C. §§ 651 – 678.
- Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001 – 1461.
- Energy Reorganization Act of 1974 (“ERA”), 42 U.S.C. § 5851.
- False Claims Act, 31 U.S.C. § 3730(h).
- Worker Adjustment and Retraining Notification Act (“WARN”), 29 U.S.C. §§ 2101 – 2109.
- Uniform Services Employee Reinstatement Rights Act (“USERRA”), 38 U.S.C. §§ 4301 – 4334.
- Genetic Information Nondiscrimination Act of 2008.
- Tennessee Human Rights Act, Tenn. Code Ann. §§ 4-21-101 – 4-21-408.
- Tennessee Disability Act, Tenn. Code Ann. § 8-50-103.
- The Tennessee Public Protection Act, Tenn. Code Ann. § 50-1-304.
To assist employers, our attorneys have prepared “best practices” employer may consult to measure against their own employment practices. These best practices are designed to help minimize the risk of having an employment lawsuit filed or, if one is filed, to maximize the employer’s chances of prevailing.
- Best Employment Practices for Hiring Employees
- Best Employment Practices for Compensating Employees
- Best Employment Practices for Compensating Tipped Employees
- Best Employment Practices for Investigating Employee Misconduct
- Best Employment Practices for Preparing an Employee Handbook
- Best Employment Practices for Defending Employee Complaints of Harassment
- Best Employment Practices for Implementing a Reduction in Force
- Best Employment Practices when you Learn about a Discrimination Charge or Lawsuit
- Best Employment Practices for Avoiding ERISA Pitfalls
- Best Employment Practices for Managing Employee Information
- Best Employment Practices for Employee Technology Use Policies
- Best Employment Practices for Addressing Employee Absences and Medical Leave
- Best Employment Practices for Immigration I-9 Compliance