Tennessee Injury Lawyer Blog

Our firm has filed several new Tennessee cases over the past few months involving employees who are not being paid overtime. It seems that some employers are cutting corners in these hard economic times. It is too bad that some are doing so illegally and at the workers expense.

In several of these cases the workers have been classified as "managers" or "supervisors". Unfortunately, it is our belief that these workers are not managers and should therefore be receiving 1.5 times what they normally earn for all hours over 40 hours per week.

There are multiple factors to consider when determining if you should be receiving overtime or if you are exempt as a manager. One of the key factors is simply to look at your job duties. Does the worker really "manages" or "supervises" other employees. A supervisor who has no control over co-workers, can't control how they do their work, or who has no decision making authority with regard to how the work is conducted may not be exempt from overtime.

If you just are not sure if you should be receiving overtime I would suggest you contact attorney who has experience with these case. Feel free to contact one of the lawyers at our Tennessee office to have a confidential discussion of your potential claim

Johnson & Johnson executives received bad news last week when the U.S. Justice Department (DOJ) stated it would pursue two False Claims Act (whistleblower) lawsuits regarding the heart drug Natrecor. These government fraud whistleblowers' lawsuits claim Natrecor was illegally marketed for off-label use. According to the qui tam provisions of the False Claims law, these whistleblowers (known as “relators”) stand to receive a percentage of damages recovered by the government for the big pharm company's alleged corporate fraud.

The False Claims lawsuits allege that Scios, J&J’s parent company, marketed the intravenous drug Natrecor for uses other than the FDA-approved treatment shortly and continuously after its 2001 approval as a cardiac drug for acutely decompensated congestive heart failure (CHF) with shortness of breath (dyspnea). In doing so, the pharmaceutical company defrauded Medicare and other U.S. health programs to the tune hundreds of millions of dollars. While a doctor's prescribing a pharmaceutical drug for off-label use is not illegal, the marketing of prescription drugs for unapproved uses is.

Despite its illegality, J&J marketers began pushing doctors to use Natrecor in less serious CHF patients, even though FDA had not reviewed the drug’s safety of such uses and although J&J released study results for Natrecor that showed no substantial benefits for off-label uses. Regardless, illegal marketing continued.

Additionally, Medicare does not cover prescription drugs prescribed for off-label use unless absolutely necessary.

The False Claims lawsuits were filed by two relators who formerly worked as sales managers for J&J. If it is found that defrauding the government has occurred, these two False Claims whistleblowers – thanks to qui tam provisions – will be compensated for their honesty and courage--handsomely compensated. Relators in Medicare, military contractor, and other forms of False Claims fraud receive 15% – 25% (up to 30% if they recover without the help of the government by working with a private False Claims act attorney) of the government’s award, which can be up to three times its losses to False Claims fraud plus $5,500 to $11,000 for every fraudulent claim filed.

This most recent move by DOJ is just one in a number of lawsuits against prescription drug companies for off-label Medicare fraud that includes Pfizer’s Bextra, GlaxoSmithKline’s off-label marketing and promotions of various of its products, and Medtronic’s off-label promotion of various of its productions.

If you are interested in learning more about federal or Tennessee False Claims Law, check out the Higgins Firm’s Nashville law office’s webpage on whistleblower/qui tam lawsuits or call me at (615) 353-0930.

Wal-Mart wage employers in South Carolina filing a class action wage and hour lawsuit will find justice for their unpaid wages--justice to the tune of a $49 million settlement.

This latest wage and hour lawsuit settlement, by no means the first for Wal-Mart (check out the $352M wage and hour lawsuit settlement last year), Carter v. Wal-Mart was filed over six years ago and settled on Wednesday. As part of the settlement, Wal-Mart has agreed to ensure compliance with national and state wage and hour laws by maintaining electronic time clocks and posting notices to workers regarding workers’ rights.

Wal-Mart employs over 1.3 million worldwide, the majority of whom are wage earners who qualify for overtime and wage protections.

Wal-Mart’s wage settlements announced at end-of-the-year 2008, which were to resolve 63 of its 73 pending wage and hour lawsuits, is estimated to run $640 million. This week’s class action $49 million settlement in South Carolina was included in this amount.

If you have employee wage and hour issues or questions about employment law in TN, KY, or GA, contact my Nashville, Tennessee employment law office to discuss your options.

I am not sure if it is the economy or just some strange coincidence but it seems my office is fielding more calls than usual with regard to workers not receiving overtime pay. Most people know that they are to receive overtime pay if they exceed 40 hours in a work week. However, we are seeing many employers attempt to cheat their employees out of this pay. There are a few common schemes we see over and over again.

One common example is an employer will give their worker the title of "manager" or "supervisor" They believe since they call the employee a manager they do not have to pay overtime. However, it is not your title that is important but what you actually do at work that is important. Do you actual manage employees; do you hire workers; set their schedule, etc. or do are you like every other worker but for your fancy title? If so, you may be due overtime pay.

Another common practice is to call the employee an "independent contractor" The key factors in determining if you are really an independent contractor in Tennessee is the extent of control. Do you provide your on tools, set your own hours, work for other employers? If not, you may just be a regular employee and entitled to overtime pay.

If you have employee wage and hour question, feel free to contact my office to discuss.

The FDA website recently published names of potentially dangerous drugs under review. Among these potentially dangerous prescription medicine side effects are bleeding caused by a diet drug, suicidal ideationfrom an antipsychotic prescription medicine, and possible birth defects from popular antidepressant drugs.

Drugs on this updated investigation list include: antidepressants Prozac, Zoloft, Lexapro, and Celexa; schizophrenia drug Abilify; and diet drug Xenical.

After issuing warnings about these antidepressants' side effect of suicidal behavior, FDA officials are finally investigated SSRI and SNRI antidepressants for potential congenital disorder (birth defects) side effects. The form of these suspected antidepressant-caused birth defects was not disclosed, but both Selective Serotonin Reuptake Inhibitors (SSRI), such as Prozac and Zoloft and other popular antidepressants, and Selective Norepinephrine Reuptake Inhibitors (SNRI) antidepressants, such as Viloxazine (Vivalan) and Maprotiline (Ludiomil), are under evaluation. Both Atomoxetine (Attentin, Strattera), an ADHD medication with off-label uses as a antidepressant and the smoking cessation drug Bupropion (Wellbutrin), which also is prescribed as an antidepressant, are on this list.
(For more on antidepressants' negative affects on prenatal infants, check out Tennessee's Law Blog's coverage back in 2006 on this very issue in Does Paxil Put Unborn Babies at Risk?)

Additionally, Abilify, a prescription drug schizophrenia approved by the FDA in 2002 and one of pharmaceutical giant Bristol-Meyes Squibb’s fastest growing products, is being evaluated for possible the side effect of hepatotoxicity (drug-based liver damage). Xenical, an anti-obesity drug approved by the FDA in 1999, which may cause rectal bleeding.

All of these prescription drugs are presently on market. Being under investigation does not necessary indicate harmful side effects. These drugs have only been identified as having, in the words of the FDA, “a potential safety issue.” If FDA drug officials’ investigations determine these prescription medication pose severe side effect risks, label changes or development with the pharmaceutical company of a Risk Evaluation and Mitigation Strategy (REMS) may be initiated.

This dangerous prescription drugs list update was posted as part of the 2007 mandate from Congress that the FDA publish quarterly those dangerous prescription and OTC drugs whose potentially harmful side effects are under review. Click to open the full FDA potentially dangerous drugs list.

Residents of Tennessee, Kentucky, and Georgia who believe they or a loved one have been injured by a FDA investigated prescription drug should contact our Nashville law offices online to speak with ourdefective drug injury team or give us a call at 800-705-2121. As always, initial personal injury consultations are offered free of charge and in many cases, we only collect attorney’s fees after you’ve been compensated for your injury and future losses.

Our firm has been retained by two men who was violently assaulted by a security guard at a Nashville club. The bar is Cadillac Ranch in downtown and the assault occurred on February 7, 2009. We are looking for witness who may have been at the club when the event occurred or who has witnessed any similar events or fights at the club.

It is our belief that the assault and our clients' significant injuries where the result of a security guard applying excessive and unlawful force. Unfortunately, this is not the first case that we have handled involving the unlawful use of force by a security guard. These cases are often the result of untrained guards. Often the people acting as security should never had been hired by the company based upon their background. Again, if you have information regarding this event or any similar event please contact our Nashville law office. You can may call us at 613.353.0930.

We represent a client who was injured as a result of what we believe was a defective miter saw. Specifically, our client was using a miter saw when a bolt failed and the blade came free cutting into our client's leg. This appears to be a classic products liability case. We are looking for similar instances where a saw has injured a person while being used in a normal manner and the failed under normal stress.

If you or someone you know has been injured by a defective saw, please contact our office. We believe knowledge of similar instances could help all parties involved. You may contact our Tennessee Law Office via email or toll free at 800-705-2121. Thank for your help

Discriminated workers and workplace discrimination lawyers in Tennessee and across the U.S. received a boost last week when the Lilly Ledbetter Fair Pay Act became law, allowing discriminated employees facing unequal wages to sue for disparate pay. (Read more in last week’s Tennessee Law Blog’s Pay Discrimination Law Passes Senate). But this wasn’t the only big event in Tennessee employment law last week.

On Monday, the U.S. Supreme Court (the same Court that in 2007 found against Ms. Ledbetter and previous lower courts' decisions on the statute of limitations allowed by EEOC inquiries) found unanimously in favor of Nashville, TN-local Vicky Crawford in her sexual harassment retaliation lawsuit.

Crawford, former payroll manager for and 30-year employee of Metro Nashville, sued the school district for harassment she claims was based on her testimony during a sexual harassment investigation. While discrimination law allows retaliation protections to the sexually harassed person who files a discrimination lawsuit, federal workplace law was previous to last week unclear whether it offered retaliation protections to persons not directly sexually harassed, as Crawford’s case. The U.S. District Court in Nashville had previously dismissed the lawsuit as did the 6th Circuit Court of Appeals. (Read the original Tennessee Law Blog story on the Crawford discrimination retaliation lawsuit here)

The High Court’s decision allows Crawford to proceed with her sexual harassment lawsuit against the City of Nashville. According to the Tennessean, Attorney Frank Young, who is representing Metro government in this harassment case, has stated that the Court’s decision “clarified the law" but does not decide Crawford’s case, which will now be heard in federal court in Nashville.

If you have suffered TN workplace sexual harassment or have been fired or your career has suffered from retaliation for your speaking out against sexual discrimination or other discrimination at your workplace and would like a free consultation with a Tennessee workplace attorney, contact the Higgins Firm.

Our lawyers at Higgins Firm's employment law branch specialize in federal employment law, including workplace discrimination and harassment, and state employment law in Georgia, Tennessee, and Kentucky. Contact me, Attorney Jim Higgins, or one of my employment law associates by calling our Nashville law offices at 615-353-0930 or by filling our employment law attorney contact form. No loyal worker should be treated unfairly by another's bigotry or be forced to suffer retaliation for only doing the right thing.

We are currently representing people in Tennessee that have had their apartment security deposits retained by their landlord. We believe some apartments have been keeping security deposits as a matter of routine and fraudulently accusing tenants of damaging the apartments. If you believe your landlord is keeping your security deposit unlawfully please call my office to discuss your rights.

If you are uncertain, it may help to know your basic rights under the Tennessee Landlord Tenant Act. Some key requirements under the law are as follows:

-- The landlord must keep the security deposit in an account maintained only for that purpose.

-- Within Ten (10) days of the lease termination the landlord shall inspect the premises and compile a damage list. Also the landlord must notify the tenant of their right to inspect the premises to ascertain the accuracy of the list.

If you have any questions please feel free to contact our Tennessee Law Office.