scheduling concerns. This bill continues to work its way through the legislative process. Interestingly, a similar bill died in Oregon in 2015. Proposals in California and Washington, D.C. also failed to pass, but there is a strong likelihood that these proposals will be resurrected.
Legal Challenges are Coming at HR Professionals from Every Direction
THE COUNTERTREND Following attempts in Cleveland, Ohio, to enact similar laws, the Ohio legislature passed a law prohibiting local governments from enacting such laws. And this is developing into a counter-trend. Nineteen states, including Tennessee, have laws that preempt local governments from passing minimum-wage laws. And several of these states have expanded their preemption laws to bar local governments from passing laws that address employment conditions and benefits. Although Tennessee is one of 14 states that have laws preempting local laws on employment conditions and benefits, it does not appear to reach far enough to preempt predictive-scheduling ordinances. It remains to be seen how the predictive-scheduling laws will fair in Tennessee.
Nineteen states, including Tennessee, have laws that preempt local governments from passing minimum-wage laws.
These preemption statutes, however, are being challenged in court. In Alabama, the Service Employees International Union is providing support for a lawsuit challenging Alabama’s right to preempt the City of Birmingham’s efforts to pass a minimum-wage ordinance and other employment related ordinances. The lawsuit is based, in part, on equal-protection grounds. The plaintiffs allege that the preemption statute denies them equal protection because the state legislature that passed the statute is elected by a majority-white electorate and the City of Birmingham’s electorate is majority black. In February, the district judge dismissed the lawsuit, and the plaintiffs have filed an appeal with the Eleventh Circuit. The problem with these laws is that one size does not fit all. For some employers, such laws might not be a big obstacle, but for others, especially smaller employers, this could be a real problem. Many object to these laws because they see them as too much government involvement in the employer-employee relationship. These laws are something for employers and their HR professionals to be on the lookout for.
That’s Why Rainey Kizer Makes Your Business Our Concern As the issues facing HR executives become more frequent, challenging, and complex each year, you need a law firm that provides advice individualized for your specific needs. This is why you should know the employment-law attorneys at Rainey, Kizer, Reviere & Bell PLC. For over 30 years, our AV-rated firm has advised businesses, nonprofit organizations, and government agencies on all aspects of employment law. To learn more, please call.
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Memphis Jackson Nashville Memphis Jackson 901-333-8101 731-423-2414 901-333-8101 731-423-2414 615-651-7420 Dale Conder, Attorney Rainey Kizer Reviere & Bell PLC dconder@raineykizer.com www.raineykizer.com
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