Author: Gilbert McWherter Scott Bobbitt PLC

Categories
News

The Gilbert Firm Has Been Named to the 2019 “Best Law Firms” List

The Gilbert Firm Has Been Named to the 2019 “Best Law Firms” ListGilbert McWherter Scott Bobbitt PLC is proud to announce that it has been selected for inclusion in the 2019 list of “Best Law Firms,” presented by Best Lawyers®, in multiple practice areas for the Memphis Metro Areas:

  • Employment Law – Individuals
  • Insurance Law
  • Commercial Litigation
  • Litigation – Labor & Employment

The Firm achieved a Tier 1 ranking for its work in Employment Law – Individuals and Insurance Law, and a Tier 2 ranking for its work in Litigation – Labor & Employment and Commercial Litigation.

Because Best Lawyers uses multiple data points for analyzing its nominees, firms’ scores are “often separated by small or insignificant differences.” To ensure the most accurate assessment, they use a tiering system, where firms with the highest scores are given a Tier 1, Tier 2, or Tier 3 designation for their Metro Area or for a National Ranking, depending on factors such as specific practice areas and availability of data.

The Gilbert Firm has made the “Best Law Firms” list for the last three consecutive years.

About the award-winning Gilbert Firm

The Gilbert Firm and its attorneys have secured millions of dollars in settlements, verdicts and arbitration awards for policyholders, workers, and students in Tennessee, and recently opened up offices in Kentucky and Mississippi to handle insurance disputes. Our partners have earned accolades for their work from organizations and services such as:

  • Tennessee’s Best of the Best in Employment Law
  • American College of Coverage Counsel
  • The National Advocates Top 100 Lawyers
  • Super Lawyers
  • Martindale-Hubbell

This year, all four partners were named to Best Lawyers:

We are very proud that the firm has been selected for Tier 1 and Tier 2 designations in four different areas of practice in Memphis, for the 2019 “Best Law Firms” list.

 

Categories
Education

Gilbert Firm Wins Major Legal Case on Mainstreaming and Inclusion for Students with Disabilities

Gilbert Firm Wins Major Legal Case on Mainstreaming and Inclusion for Students with DisabilitiesOn Monday, August 20, 2018, partner Justin Gilbert secured a victory on behalf of a young student with Down syndrome that will help all students with disabilities in Tennessee, Michigan, Ohio, and Kentucky. The Sixth Circuit Court of Appeals found that Hamilton County, Tennessee violated the Individuals with Disabilities Education Act (IDEA), when it chose to remove the student from a general education classroom and segregated him in a “comprehensive development classroom.” This separate classroom was solely for children with disabilities.

The family’s battle for mainstreaming and justice lasted an astounding five years. At almost every step, the courts sided with Justin’s client’s argument that he should not be segregated from his non-disabled peers. Monday’s victory will have a resounding effect on students across state lines. As Justin told the Chattanooga Times Free Press, “Throughout history, the stain of unnecessary segregation has been overcome through the law. I am tremendously proud of this contribution, and a little boy — now young man — named LH. The law of Tennessee, Michigan, Kentucky and Ohio will bear his name, reminding us all that kids with intellectual disabilities belong. They are to be included. And we are all the better for it.”

The story of L.H.

In 2013, L.H. was attending Normal Park Elementary School. He was in a general education classroom (also called a “mainstream” classroom) – a classroom that contained students both with and without disabilities. Under the law, every student has the right to a free appropriate public education in the least restrictive environment. Yet the Hamilton County Department of Education felt that L.H. would be “better off” in a comprehensive development classroom – one where he would be segregated from non-disabled students for at least half the day. The Department intended to bus L.H. to this separate school, over the parent’s objections.

The separate school lacked a state-approved curriculum. Kids lacked homework. Much of the teaching amounted to online videos. And the special education director opined that math would be taught during gym class, by a non-certified gym teacher.

L.H.’s parents, of course, refused the transfer, resulting in the lawsuit between L.H. and the school system. With the help of experts from Down Syndrome Education International and professors, L.H. was able to explain why his segregation was harmful—and unlawful.

At the trial court level, L.H. won the right to be mainstreamed. However, he was not awarded reimbursement for his private placement at a Montessori school during the legal battle. The Department of Education appealed the mainstreaming decision, while L.H. appealed his right to reimbursement for the private placement.

In a thorough opinion, the Sixth Circuit ruled that L.H. can and MUST be mainstreamed. And it ruled that the private Montessori school was an appropriate private placement such that L.H.’s family is entitled to reimbursement.

At last, the legal fight appears to be over. The ruling will have a significant impact on students not just in Hamilton County and in Tennessee, but in districts across state lines which are served by the Sixth Circuit Court.

Changes are already underway

Hamilton County identifies more than 8,100 students as having a disability. As of 2015, only 16.5% spent time in general education classrooms. This placed Hamilton County in the lowest 10% of all school districts in Tennessee for inclusion, which means the rest of those “children have spent sometimes hours on buses being shuffled to segregated classrooms where the standards are different or nonexistent and often lack academics at all, focusing solely on life skills.”

In 2017, Superintendent Bryan Johnson reorganized the administration of Hamilton County Schools. He hired Garfield Adams as the new Exceptional Education Director for the district. In July of this year, Garfield Adams and Cale Horne, a member of the Chattanooga Inclusive Education Working Group, presented a three-year plan to improve special education and move towards inclusivity. The plan “calls for the end of comprehensive development classrooms, allowing students to attend their zoned schools or schools of choice, as well as improving communication among the district, families and caregivers of students with disabilities.”

All of these changes were developing as HCDE continued to appeal decisions against them.

The Gilbert Firm is incredibly proud of the work Justin Gilbert has done on behalf of L.H., his parents, and other students whose right to a free and appropriate education has been denied. The impact of this ruling in the Sixth Circuit Court of Appeals cannot be underestimated, because it will set the bar higher for all districts. This is about more than the violation of federal law: inclusion has been repeatedly proven as the more effective tool for helping students with disabilities learn and grow. Thanks to the perseverance of L.H.’s parents, countless students will have access to a better education in a healthier, more inclusive environment.

Read More:

The Gilbert Firm fights for students in Tennessee whose rights have been violated, and who have been denied access to the education the law guarantees them. If your child has been denied a free and appropriate education anywhere in the state, we want to help. To work with Justin Gilbert and the members of his team, please call 888-996-9731, or fill out our contact form.

 

Categories
News

Congratulations, Gilbert Firm Partners, on Your Best Lawyers Selection for 2019!

Congratulations, Gilbert Firm Partners, on Your Best Lawyers Selection for 2019!The law firm of Gilbert McWherter Scott Bobbitt PLC is pleased to announce that all four partners have been recognized by the Best Lawyers in America for 2019! We are very proud of the work all of the attorneys do at The Gilbert Firm, but it is an honor to be recognized by Best Lawyers.

Best Lawyers “is the oldest and most respected peer review publication in the legal profession.” For the last 30 years, it has compiled lists of attorneys in 75 different countries, practicing in 145 different areas of law. This year, Best Lawyers reviewed 87,254 attorney evaluations before making its decisions regarding inclusion.

Our honorees

Justin Gilbert was selected for his work in Employment Law. Justin focuses his practice in education and employment law, but he also devotes a lot of his time to improving the lives and school conditions for children with disabilities. He has initiated direct federal actions in abuse cases, lack of adequate funding and systemic impediments to least restrictive environments.

Brandon McWherter was selected for his work in the categories of Insurance Law and Commercial Litigation. Brandon has helped his clients obtain more than $25,000,000 in settlements, awards and verdicts against insurance companies since 2013.

Clint Scott was selected for his work in Insurance Law. As the Firm’s managing partner, he is dedicated to the success of The Firm and his clients, representing insureds in insurance claims cases across multiple states.

Jonathan Bobbitt was selected for his work in Litigation – Labor and Employment Law. He is a civil trial lawyer who is focused on obtaining the best result for his clients in sexual harassment, whistleblower claims and business/contract disputes.

About the Gilbert Firm

The Gilbert Firm offers comprehensive representation to policyholders, employees, contractors, students and teachers throughout Tennessee. We have been your trusted law firm for years, handling complex claims on behalf of our clients. We have recently expanded our insurance dispute services to clients in Mississippi and Kentucky.

We want to wish all four partners a hearty “Congratulations!” for their inclusion on this year’s Best Lawyers list. They certainly deserve to be included.

 

 

Categories
News

Brandon McWherter Has Been Elected as a Fellow in the American College of Coverage and Extracontractual Counsel

Brandon McWherter Has Been Elected as a Fellow in the American College of Coverage and Extracontractual CounselThe Gilbert Firm would like to congratulate partner Brandon McWherter on his election as a Fellow to the American College of Coverage and Extracontractual Counsel (ACCEC). This elite organization was established in 2012, and recognizes attorneys throughout the U.S. for their work with insurance coverage and extracontractual matters:

The ACCEC’s mission is to advance the creative, ethical, and efficient adjudication of insurance coverage and extracontractual disputes; to enhance the civility and quality of the practice of insurance law; to provide peer-reviewed scholarship; and to improve of the relationship between and among the members of our profession.

Potential members must by nominated by other members, and voted in by the Board of Regents. Nominees must have at least 15 years of experience representing either policyholders or insurers, and generally devote 70% of their time, or more, to this practice. A member may not nominate other attorneys from his or her firm.

ACCEC membership is divided into four classifications:

  • Fellows, who are practicing attorneys. Prior time as a clerk or a judge may also count towards membership.
  • Judicial Fellows, who are elected or appointed members of the judiciary.
  • Emeritus Fellows, who have reached the age of 70, and/or chosen to retire from insurance work, but were still a Fellow in good standing at the time.
  • Honorary Fellows, who are lawyers, judges or academics who do not other fulfill all criteria for membership under the Bylaws.

Being elected for membership in the American College of Coverage and Extracontractual Counsel is a great honor. This prestigious organization has a limited number of members; as such, the organization only elects those attorneys who have proven their dedication to excellence in their work, and who wish to “nurture, improve and enhance the practice and understanding of insurance coverage and extracontractual law.”

About Brandon McWherter

Brandon McWherter is an award-winning attorney who has represented clients in numerous state and federal courts.  He is licensed to practice in Tennessee and Mississippi, and has worked with other lawyers throughout the U.S. via pro hac vice admissions. He is a “go-to” attorney for policyholders facing disputes with their insurance companies, and has been recognized by Best Lawyers and Super Lawyers for his work.

All of us at The Gilbert Firm are very proud of Brandon, and wish him a warm “Congratulations” for his latest achievement. He is certainly deserving of his place as a Fellow in the ACCEC.

Categories
News

Clint Scott Named a West Tennessee Council Member for Tort and Insurance Law Section of Tennessee Bar Association

Clint Scott Named a West Tennessee Council Member for Tort and Insurance Law Section of Tennessee Bar AssociationThe Gilbert Firm is proud to announce that partner Clint Scott has been named as a West Tennessee Council Member for the Tort and Insurance Law Section of the Tennessee Bar Association (TBA). The Tennessee Bar Association offers 32 specialized sections focusing on specific practice areas, and are open to members of the TBA. Each group offers continuing legal education (CLE) courses, gives members access to important news and information, and provides a network of support for its members.

As a Council Member, Clint Scott will have a hand in shaping how the TBA serves its members and the community at-large, contributing opinions concerning legislation, and working on the annual CLE forum for Tort & Insurance.

About the Tennessee Bar Association

The Tennessee Bar Association is one of the oldest legal organizations in the state. Founded in December of 1881, its first convention “included a review of statutory changes that had taken place in the state and in Congress during the year. Other topics included whether a legislature can make a contract that surrenders the power of future legislatures to enact laws, interstate commerce and the regulation of railroads, and the legal rights of married women.”

The topics and policies have come a long way since then, but at its heart, the TBA is still committed to these issues: ensuring that the laws which affect us all are just and fair, and that those who practice the law will have a place and a community in which to discuss means and methods. In the 136 years since its founding, the Tennessee Bar Association is still committed to justice, to promoting equality, and to offering its members educational opportunities designed to help them grow.

About Clint Scott

Clint Scott is an award-winning attorney and the managing partner of Gilbert McWherter Scott Bobbitt PLC. Clint has represented countless individuals, businesses and non-profits in insurance disputes in jury trials, settlement negotiations and arbitration. Though his primary area of practice is insurance disputes, he also handles complex FLSA claims for clients throughout Tennessee and Kentucky.

When Clint is not working on behalf of his clients or the Firm, you may find him coaching a Little League team, spending time with his family, or waiting patiently in a duck blind.

The Gilbert Firm offers its warmest “Congratulations” to Clint Scott on his new leadership role. We know that he will be as dedicated to guiding the TBA forward as he has been in guiding our firm and our clients forward, as well.

Categories
Insurance Disputes

Key Insurance Decisions to Keep an Eye on This Spring

Key Insurance Decisions to Keep an Eye on This SpringOver the next few months, insurance experts and policyholders should pay attention to some key decisions expected by the courts. Several rulings set to come out over the next few months include decisions on insurance bad faith, coverage for data breaches, interpretation of computer fraud provisions, and settling a dispute over covering asbestos-related injuries.

Some of these decisions could affect policy change and set new precedents, and therefore are important cases to watch.

Rosen Millennium v. St. Paul

Florida federal courts are deciding some interesting questions about cybersecurity issues in this case regarding commercial liability policies. An IT provider, Rosen Millennium, Inc. is seeking a decision about coverage from its insurance company, St. Paul Fire and Marine Insurance Co., after it filed a claim for $1.4 million after a data breach of customer credit card information from its sister company Rosen Hotel and Resorts.

The IT company argues that criminal defense coverage is available in its personal injury and property damage sections. However, St. Paul counter-argues that the hotel should have purchased specialty cyber insurance if it needed coverage for data breach losses, as their policies lack explicit exclusions for data breach incidents. The suit is St. Paul Fire & Marine Insurance Co. v. Rosen Millennium Inc. et al., case number 6:17-cv-00540, in the U.S. District Court for the Middle District of Florida.

InComm v. Great American Insurance Co.

Another case hinging on computer fraud, this case will interpret crime policies computer fraud provisions. InComm Holdings Inc. is in a dispute with Great American Insurance Co. (GAIC) over fraudulent use of InComm’s debit cards. These debit cards allowed retailers to load funds onto the cards, and cardholders could redeem the funds by calling InComm, who would transfer the funds to the customer’s bank. A coding error allowed cardholders to use the cards more than once, constituting fraud and causing over $11 million in false charges.

InComm’s crime policy with GAIC included a computer fraud provision, but GAIC refused to honor it, claiming that the fraud didn’t happen through a computer, but rather via phone. InComm argues that the phone call to activate the card connects to a computer. This case brings up the question of, “When is a criminal knowingly using a computer to commit a crime?” The case is Interactive Communications International Inc. et al. v. Great American Insurance Co., case number 17-11712, in the U.S. Court of Appeals for the Eleventh Circuit.

Continental Insurance Co. v. Honeywell International

Finally, in this case, we will be watching for the long-awaited decision about whether Honeywell must cover costs for asbestos-related injuries after its insurers began excluding asbestos coverage. Our firm does not handle products liability claims, but we do work with commercial properties – and many of our cases hinge on policy exclusions.

Insurance carriers St. Paul Fire and Marine Insurance Co. and parent Travelers Casualty are attempting to get New Jersey courts to overturn a July 2016 decision that stated Honeywell didn’t have to pay for a pile of product liability lawsuits after exclusions for asbestos claims became standard in liability policies in 1987.

Travelers’ attorneys argued that the unavailability exception shouldn’t apply to Honeywell, as their predecessor continued manufacturing brakes and clutch pads with asbestos long after asbestos coverage was ended in 1987. Honeywell’s attorneys counter that Travelers’ argument that the unavailability exception shouldn’t apply to Honeywell was never raised before the lower courts and should therefore be disregarded. They also stated that the only thing that matters is the fact that Honeywell’s predecessor couldn’t obtain asbestos coverage after 1987, not any of the company’s post-1987 conduct.

This ruling could have enormous consequences, as settlements and costs for asbestos lawsuits can run into the tens of millions of dollars. The case is Continental Insurance Co. et al. v. Honeywell International Inc. et al., case number 078152, in the Supreme Court of the State of New Jersey.

The Tennessee insurance dispute attorneys at the Gilbert Firm are at the forefront of insurance issues and rulings across the nation. Our years of experience give us the knowledge to answer all of your questions and concerns about your insurance policy and claims. To review your case with a knowledgeable Tennessee lawyer like Jonathan Bobbitt, Brandon McWherter or Clint Scott, call us today at 888.996.9731, or to fill out our contact form. We help residents of Nashville, Chattanooga, Memphis, and Jackson.

 

 

 

 

 

 

Categories
Insurance Disputes

Reasons to Use a Commercial Property Appraiser

Reasons to Use a Commercial Property AppraiserUtilizing the services of an experienced local appraiser is very important when you are purchasing commercial real estate. An appraiser’s job is to perform a market analysis on the property to arrive at its appraised value. This appraisal value reflects the property’s condition and the current market – all of which can help you make an informed buying or selling decision for the property.

In order to accurately assess the sales price of a commercial property, it’s vitally important to have a current commercial real estate appraisal performed. A significant difference between the sales price and appraised value may be cause for concern.

There are many reasons and benefits for having a commercial property appraised. Some of these are as follows:

Property insurance

Insurance companies that provide commercial property insurance coverage often require a value appraisal that supports the asset replacement cost of a property. The insurable features of the property are used in the valuation conducted by the appraiser. Items typically excluded from the insurance cost estimate can include basements, site improvements, and the underlying land, among other property features.

Selling commercial real estate

When an owner or investor wishes to sell commercial real estate, they often have a natural bias to believe that their property’s value is higher than it actually is. As well, the real estate agent who helps the real estate property owner sell a property may set the sale price too high, hoping to receive a bigger commission. Properties often sit on the market longer than they need to because of overpricing. On the other side of the coin, a property priced too low is often the result of inexperience and/or lack of knowledge about property values and selling property. It is for this reason that using a commercial real estate appraiser is highly recommended. An appraiser can provide an unbiased estimate of a property’s value based strictly on current market conditions.

Purchasing commercial real estate

When a buyer purchases real estate they are often looking for the best deal they can get. For the buyer, sometimes it is advantageous to obtain a confidential appraisal prior to entering into negotiation. With this appraisal in hand, the buyer can negotiate the sale price more effectively with the confidence he or she is not paying more than the property’s market value, at a minimum. A seller may obtain an appraisal as well. In some instances both the seller and buyer may agree to hire an appraiser in cooperation with each other and use the appraised value calculated by the appraiser to determine the sale price.

Tax disputes

At times, incorrect real estate assessments performed by local government authorities can occur due to volatile real estate market conditions. When property values fluctuate arbitrarily as a result, property owners can end up paying much higher property taxes than they should. A reliable local appraiser can provide a homeowner the appraisal they need for an appeal to their property’s assessment. This type of proof is helpful in making an appeal that will hopefully result in a reduction of the owner’s property taxes.

Mortgage underwriting

When you need to use funds from the refinancing of an existing loan or borrowed capital for a real estate purchase, your lender may require an appraisal of the property. The lender may require this in order to have confidence it can sell the asset for the loan amount if the borrower defaults on payments and the property is foreclosed upon.

Estate planning and settlement

For the relative of a deceased loved one, the estate settlement process can be a difficult. However, it is a necessary process when the loved one has held estate assets. Any real property that is part of an estate and requires an evaluation of market value must be valued by a competent real estate appraiser. This often includes having a forensic retrospective appraisal performed to establish the fair market value of the property. Estate planners, beneficiaries of the estate, executors, attorneys, trust administrators, court-appointed receivers, accountants, enrolled agents, partnership entities, and corporations can all utilize appraisals for estate planning purposes.

Have you been harmed through the failure of an insurance company to fulfill its insurance policy obligations? If so, the Gilbert Firm can fight vigorously on your behalf to help you receive prompt payment on your claim. We offer our services to residents of Nashville, Chattanooga, Memphis, Jackson, Knoxville, and throughout Tennessee. To set up a free, no obligation consultation about your claim with Jonathan Bobbitt, Clint Scott or Brandon McWherter, fill out our contact form or call us today at 888.996.9731.

Categories
Labor and Employment

Uber Ordered by UK Tribunal Court to Designate Drivers as “Workers”

Uber Ordered by UK Tribunal Court to Designate Drivers as “Workers”Uber, the famous ride hailing giant, has come up against another obstacle to its business model in the UK. An employment tribunal reiterated its ruling of more than a year ago that drivers are, in fact, workers who are entitled to standard worker protections and benefits. These include routine breaks, time off, and a guaranteed minimum wage. The tribunal declined Uber’s appeal of the original ruling.

The company intends to move forward with additional appeals as necessary, including the Court of Appeal and potentially the Supreme Court.

The dispute

The disagreement between Uber and its drivers focuses on the level of control and freedom drivers retain in the performance of their work. Drivers assert that the company controls the rate at which they perform their work, penalizes them for conducting a certain number of trips in a row, and directs them to follow various instructions.

The company, on the other hand, points out that the drivers can control their own schedules and decline trips they don’t wish to take.

The case in the UK concerns whether companies providing these types of “gigs” are utilizing actual self-employed persons, or improperly classifying their employment status. Workers under the law are entitled to certain rights such as minimum wage, sick pay, etc. Self-employed individuals do not retain these rights.

From the beginning, Uber has adhered to the definition of their drivers as “self-employed” and serving customers. It has avoided and denied the use of the term “workers” to describe the tens of thousands of individuals that make the company run. It claims that its drivers have the type of flexibility that accompanies self-employment.

Uber critics hold to the view that drivers are not self-employed as is commonly understood. Some evidence they point to is the fact that drivers are not able to set their own prices, can be logged off for declining trips, and are potentially evaluated by star ratings. The original ruling by the judge accounted for the level of obligation the company places on its drivers.

The judge ultimately decided that Uber is not a group of 30,000 self-employed drivers. Instead, it is one business with 30,000 employee drivers.

Uber’s response to the ruling

In response to the denial of its appeal, Uber UK acting general manager Tom Elvidge stated:

“Almost all taxi and private hire drivers have been self-employed for decades, long before our app existed. The main reason why drivers use Uber is because they value the freedom to choose if, when and where they drive and so we intend to appeal. The tribunal relies on the assertion that drivers are required to take 80% of trips sent to them when logged into the app. As drivers who use Uber know, this has never been the case in the UK. Over the last year we have made a number of changes to our app to give drivers even more control. We’ve also invested in things like access to illness and injury cover.”

Thus the adjudication of the future of Uber’s business model continues. It remains to be seen how the setback the company suffered in the UK will affect its business process going forward in that country and also the U.S.

The attorneys of the Gilbert Firm are committed to seeing your case through to a beneficial outcome. We understand the uncertainty that can arise when employees and their employers clash over wages and other compensatory issues. From our law offices in Nashville, Jackson, Memphis, Chattanooga, and Knoxville, we are prepared to use the necessary resources to fight on your behalf successfully. To work with a Tennessee employment attorney like Jonathan Bobbitt or Justin Gilbert, please call 888-996-9731, or fill out our contact form.

Categories
Equal Pay

Unequal Legal Representation: An Unexpected Consequence of the Wage Gap

Unequal Legal Representation: An Unexpected Consequence of the Wage GapIn the courtroom scene of To Kill a Mockingbird, Atticus Finch implores a jury to remember that “there is one way in this country which all men are created equal—there is one human institution that makes a pauper the equal of a Rockefeller, the stupid man equal of an Einstein, and an ignorant man equal of any college president. That institution, gentlemen, is a court.” That concept of equality for all people is deeply ingrained in who we are: as attorneys, as jurists and as citizens. It is the bedrock of our justice system.

It may also be false. An article in The Bulletin explores a possible mediating factor in the link between income and judicial outcomes. Rather than attribute the less favorable rulings and more serious penalties to any connection between poverty and criminality, the author suggests that an inability to independently afford a lawyer, leading to reliance on pro bono or court-appointed attorneys, might be a factor.

Given that up to 70% of Americans have committed a crime that could lead to imprisonment, as reported by Bloomberg View—not to speak of the many smaller infractions, traffic violations, and so forth that result in fees or warnings—the need for sufficient attorneys is substantial. Unfortunately for the financially insecure, many defense lawyers charge ample hourly fees, pricing them out of the range of many lower income individuals. This leaves them with two options: a court-appointed public defender, or an attorney who is committed to doing pro bono work.

Cost considerations in the civil justice system

This issue of cost affects more than just those who are facing criminal charges, however. What about workers who earn minimum wage? Or those who cannot afford an attorney, and have been subject to wrongful termination, or sexual harassment, or wage violations? The civil justice system does not have public plaintiffs’ attorneys, after all.

Pro bono work is one way low-income Tennessee workers can access high quality representation. In 2015, over 40% of the lawyers in the state reported to the court system that they had performed pro bono work in the previous year, totaling over 550,00 hours. For others, the answer is contingency: a fee structure that allows a plaintiff to bring a claim against his or her employer without putting any money towards the case, with the understanding that if the judge or jury sides with the plaintiff, all expenses and fees will be deducted out of the award.

The wage gap leads to less favorable outcomes in a court of law

When adequate legal assistance is limited to those with substantial resources, it is not justice for all; it is justice for those who are privileged enough to be paid for their work at a higher rate, whether because of their gender, age, race, sexual identity and orientation, religion, or ethnicity. White women make $0.79 cents for every dollar a white man makes in the US today, and for women of color, the number is closer to $0.55 cents, as reported by Business Insider. This turns into roughly $20,000 less per year in income for women of color than for their white male counterparts, performing the same job with the same level of experience. This, in turn, can put women in lower-wage jobs at a distinct disadvantage if they need legal representation.

At the Gilbert Firm, we believe in equality – in a courtroom and in a place of work. Our Tennessee employment law attorneys fight on behalf of workers who have been denied their fair wages. If you wish to make a claim under the Equal Pay Act, or if your rights have been violated because of your gender, please call us at 888.996.9731, or complete our contact form. We have offices conveniently located in Nashville, Chattanooga, Memphis, Jackson, and Knoxville.

 

Categories
Labor and Employment

DACA Has Been Rescinded. What Does This Mean for Jobs in Tennessee?

DACA Has Been Rescinded. What Does This Mean for Jobs in Tennessee?Deferred Action for Childhood Arrivals (DACA) is a United States immigration policy that was created during the presidency of Barack Obama. The policy permitted the children of people who entered America illegally to obtain a two-year period where they would be free from deportation, and eligible to obtain a work permit. The law currently covers about 800,000 minors.

DACA, and the expansion of the order to cover additional immigrants, has been the subject of various lawsuits. On September 5, 2017, President Donald Trump rescinded DACA, but delayed its implementation to see if the U.S. Congress could work out a solution. For now, Dreamers who have approved DACA status and Employment Authorization Documents that are due to expire in the next few months can have their status and documents renewed.

The effect rescinding DACA could have on employees and employers

Rescinding DACA could have a devastating effect on the job market. Business Insider reports that “a recent CAP study found that roughly 700,000 workers could lose their jobs over the next two years if DACA were repealed. The report estimates the loss of their labor could cost the country $460.3 billion in economic output over the next decade.”

Why is this? Because employers would be forced to fire productive, trained and experienced members of their workforce, and then start recruiting for new employees all over again. Furthermore, because DACA recipients contribute to programs like Social Security and Medicare – all taxed employees do – without being eligible to receive funding form those programs later, they contribute to the overall tax burden of this country without ever taking their “share.”

There is also no real proof that removing 800,000 workers from the field will help U.S. citizens get jobs. Most DACA recipients are comparable to H-1B visa recipients, as NPR puts it, which means they have a certain level of education and training, often in a specialized field. Those jobs cannot simply be “given” to another person, simply because that person is unemployed or underemployed.

Why this issue matters in Tennessee

According to the Center for American Progress, 41% of the undocumented population in Tennessee was DACA/DAPA (the also-rescinded Deferred Action for Parents of Americans and Lawful Permanent Residents) eligible in 2015; there are just under 50,000 recipients in the state. By the numbers, since DACA/DAPA were instituted:

  • The state’s cumulative GDP was $2.654 billion
  • The cumulative increase in earnings for DACA/DAPA recipients was $1.21 billion.
  • The cumulative increase in earning for all state residents was $1.452

In short, employees across the board made more money from the implementation of DACA/DAPA in 2012 and 2014, respectively, than they did before the program started – even those who employees who were citizens.

Rescinding DACA is bound to take its toll on the economy and the job market in Tennessee. If you are an employer who has hired DACA recipients, you should make sure you are in full compliance with the law, and work with your employees to ensure they are too.

The Gilbert Firm is a Tennessee employment law firm serving clients throughout the state, with offices in Nashville, Chattanooga, Memphis, Jackson, and Knoxville. Please note that we are not an immigration law firm. To learn more about the services we offer, please call 888.996.9731 or fill out our contact form.