2021 Legal Update

Presented by Fred Bissinger, Managing Member, & Ed Trent, Member,  Wimberly Lawson

The 2020 election results are almost (but not quite) in.  It appears that Joe Biden will be the next President as of January 20, 2021, the Democrats will have a narrow majority in the House, and the Senate is still in flux, with Republicans holding at least 50 seats (and 2 in Georgia to be decided in January).  Accordingly, there is no question that the President Biden’s agenda will swing the regulatory pendulum leftward.  The key question is how far left will he try to swing it and whether he will be able to convince the House and Senate to buy into his agenda.  Regardless of the ultimate outcome employers need to be prepared for increased regulatory scrutiny across the board.  This session will discuss some of the anticipated employment law regulatory developments that are headed our way.

1. One of the most anticipated changes is the definition and interpretation to who is a joint-employer and a joint-employee.  This key concept touches many industries and it is likely that this definition will become more employee-friendly, subjecting unwary employers to potential liability exposure.  We will discuss this key concept.
2. Another anticipated change is who qualifies under the FLSA white-collar exemptions.  It is anticipated that the DOL/WHD will be moving back to Obama-era enforcement guidance, which means fewer employees will qualify for a white-collar exemption and employers will be more likely to overtime exposure for misclassified employees.  We will analyze this issue.
3. It is clear that a Biden administration will try to revive the private sector union movement which has dwindled significantly over the past few decades.  We will explore anticipated changes to union organizing rules that will affect employers and how to avoid common traps.

Please thank our sponsor for making this event possible:

Fredrick J. Bissinger is Regional Managing Member of the Nashville, Tennessee office of the firm, which he joined in 1999. His law practice includes an emphasis in handling employment discrimination and wrongful discharge matters at both the administrative level and in Federal and State Court litigation. His practice also includes an emphasis on ADA and FMLA compliance, as well as general liability matters. He received his Bachelor of Science, cum laude, in Economics from Washington & Lee University and his law degree from the Seton Hall University School of Law. Prior to entering private practice, Fred served in the United States Navy Judge Advocate General Corps from 1993-1997.

He is a member of the Tennessee Bar Association. Fred has an AV Preeminent® Rating - which is the highest possible rating given by Martindale-Hubbell, the leading independent attorney rating entity. He is also listed in The Best Lawyers in America® in the fields of Employment Law/Management and Litigation/Labor & Employment, and was named 2020 LAWYER OF THE YEAR by Best Lawyers for Litigation/Labor & Employment, Nashville. Fred received the Tennessee SHRM Human Resource Management Excellence Award in 2018. He served as the 2010-2011 Legislative Chair and 2012-2013 Legal Advisor for the Middle Tennessee Society for Human Resource Management. He also served as the 2012-2013 Diversity and Inclusion Committee Co-Chair for the Tennessee Society for Human Resource Management, and the 2015-2016 Diversity and Inclusion Director for the Middle Tennessee Society for Human Resource Management. Fred is currently serving his fourth consecutive term as the Legislative Chair for the Tennessee Society for Human Resource Management (2017-2020).

Edward H.Trent is a Member of Wimberly Lawson Wright Daves & Jones, PLLC in the Knoxville, Tennessee office of the firm, which he joined in 2011. His practice includes labor and employment law matters in both state and federal court and before state and federal agencies.  Ed's broad range of experience includes jury trials in employment discrimination cases, including the defense of appeals before federal and state appellate courts, day-to-day preventative counseling and advice, training for supervisor and human resources personnel on managing the workplace and complying with federal, state and local employment laws and regulations.  Ed also works with churches on child protection issues and employment law matters, and is actively involved with religious liberty issues.

He filed an amicus brief in the case of Hosanna-Tabor Evangelical Lutheran Church v. EEOC, 132 S.Ct. 694 (2012), upholding the "ministerial exception" to the application of state and federal employment laws to religious organizations, in Hobby Lobby v. Burwell, 1345 S.Ct. 2751 (2014), upholding the religious liberty rights of business owners in a challenge to the Affordable Care Act's Contraception Mandate, and several other cases.  Ed received his Bachelor of Science degree in Accounting from the University of Florida and his law degree from Duke University School of Law.  He has been admitted to practice in the United States District Court; Eastern, Middle, and Western Districts of Tennessee; Northern, Middle, and Southern Districts of Florida; the United States Court of Appeals, Sixth and Eleventh Circuit; and the United States Supreme Court.  Ed has an AV Preeminent® Rating - which is the highest possible rating given by Martindale-Hubbell, the leading independent attorney rating entity - and since 2011 he has also been listed in The Best Lawyers in America® in the fields of Employment Law/Management and Litigation/Labor & Employment.  In 2016 Ed was named Lawyer of the Year by Best Lawyers for Employment Law/Management, Knoxville. Ed is also Board Certified in Labor and Employment Law by The Florida Bar.