Tax Incentives Available in
Tennessee Qualified Opportunity Zones
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Tennessee is home to 176 areas that are certified as “qualified opportunity zones” under The Tax Cuts & Jobs Act of 2017. Carter, Hawkins, Sullivan and Washington Counties all include state census tracts that qualify for “opportunity funds” offering federal tax incentives to investors who finance projects in designated low income areas.
Associate attorney Sarah Valk recently participated in a local forum, along with several other interested parties, at which opportunity zones were discussed. The members of the firm’s corporate and business team are available to assist clients in understanding the rules and regulations associated with these community investments that provide opportunities to investors while fostering economic and community development. Qualifying projects include but are not limited to retail, commercial and tourism development, as well as low income housing.
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If you would like to learn more about these opportunity zones, contact Sarah Valk or a member of the Corporate and Business Team. Sarah is a native of Kingsport and earned her law degree in 2016 from the University of Tennessee College of Law.
Members of the Corporate and Business Team include Scott Powers (Practice Chair), Bill Argabrite, Mark Dessauer, Rachel Mancl, Jeannette Tysinger, Chad Whitfield, and Marcy Walker.
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Tennessee Supreme Court Recognizes
HSD
Pro Bono
Work
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Partner Michael Forrester was awarded the prestigious “Legal Aid of East Tennessee Access to Justice Award” in recognition of his work done last year with East Tennessee legal clinics that serve the underprivileged. The award is granted annually by the Tennessee Supreme Court to attorneys meeting the Court’s minimum goal of 50
pro bono
hours annually and was presented to Mike by Tennessee Supreme Court Justice
Roger Page at a ceremony in Kingsport
.
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Michael Forrester has practiced with the firm since 1984. Since becoming a partner in 1990, he has enjoyed a varied and challenging state and federal court civil law practice. His primary emphasis has been in employment-related litigation, particularly workers’ compensation and civil actions brought under ERISA. He is certified by the Tennessee Supreme Court Alternative Dispute Resolution Committee as a Rule 31 Listed General Civil Mediator.
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Steve Darden Appointed to Board of the
East Tennessee Foundation
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Hunter, Smith & Davis is pleased to recognize the appointment of managing partner Steve Darden to a three-year term as a board member of the East Tennessee Foundation, a prominent public charity and community foundation that serves 25 east Tennessee Counties.
The Foundation is a 501(c)(3) tax exempt organization that was established in 1986. It is comprised of 437 philanthropic funds and 9 supporting organizations with over $446 million in assets as of December 2018. Since its founding, the Foundation has awarded over $308 million in grants through its competitive grantmaking process. In 2018 alone, it awarded 115 new educational scholarships totaling $802,500.00.
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Steve Darden serves as the firm’s Managing Partner and as Chair of the Labor & Employment practice. He defends employers and their EPLI insurance carriers (if applicable) in employment practices liability cases. Such cases involve claims of discrimination, harassment and wrongful termination. He also maintains a traditional labor relations practice.
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Employment Law News from
Hunter, Smith & Davis
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Independent Contractor or Employee?
Tennessee Considers Adoption of IRS Guidelines
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The Tennessee General Assembly is considering legislation that would require the use of the 20-factor test in IRS Revenue Ruling 87-41 to determine whether an employer-employee relationship exists for purposes of the state's wage and hour laws, OSHA matters, the Tennessee Employment Security Law, drug-free workplace issues, and the workers’ compensation statute. The corresponding bills are SB 0466 by Senator Kerry Roberts and HB 0539 by Representative Dan Howell.
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Employee Time Spent on Wellness Activities Not Compensable
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Time that an employee spends voluntarily participating in certain wellness activities, biometric screenings, and benefits fairs made available by an employer does not constitute compensable worktime under the Fair Labor Standards Act (FLSA), according to U.S. Department of Labor ruling FLSA 2018-20.
The DOL notes that the FLSA, as a general matter, requires employers to compensate employees for work time. Regulations separately provide that an employee is not entitled to compensation for “off duty” time.
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Pay Equity Issues Raise Questions
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Issues of pay equity have generated a great deal of publicity in recent years, and will continue to do so. Steve Darden wrote on the topic “Unequal and Equal Pay – Past and Present” in the February 2019 issue of
The Business Journal of Tri-Cities Tennessee / Virginia
.
“Like many areas of the law,” Steve noted, “there is some black, there is some white, and there is a lot of gray area with pay equity and employers who are unsure should seek counsel. A couple of things are certain … many things that were once lawful in the workplace are no longer acceptable, and the Equal Pay Act has made a big difference in America’s workplaces.”
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Contact any member of the Labor & Employment team at Hunter, Smith & Davis if you have questions about employment matters.
Team members include Steve Darden (Chair), Bill Bovender, Mike Forrester, Greg Haden, Joe Harvey, Mike Lattier, Chris Owens, Leslie Ridings, and Mike Eastridge (Immigration).
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Tennessee Cap on Punitive Damages Ruled Unconstitutional
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The U.S. Court of Appeals for the Sixth Circuit ruled on December 21, 2018 that a recently enacted Tennessee Code provision that capped damages in court cases, “violates the constitutional right to a trial by jury.” The case was
Tamarin Lindenberg v. Jackson Nat'l Life Ins. Co
. from the Western District of Tennessee at Memphis.
By Tennessee statute, punitive or exemplary damages were capped in an amount not to exceed the greater of two (2) times the total amount of compensatory damages awarded, or $500,000.00.
The statute was part of a legislative effort at tort reform. Now, questions remain as to how and when the cap applies, since the ruling was made in federal court. The state Supreme Court has yet to rule, but could reach a different conclusion.
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The attorneys on the firm’s Litigation Team are available to discuss this ruling and to assist in litigated matters.
Team members include Jim Humphreys (practice chair), Matthew Bettis, Bill Bovender, Suzanne Sweet Cook, Mike Forrester, S. Morris Hadden, Greg Haden, Meredith Humbert, Teresa Lesnak, Jimmie Miller, Chris Owens, Leslie Ridings, Sarah Valk, and Caroline Williams.
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About Hunter, Smith & Davis, LLP
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Hunter, Smith & Davis has a long and distinguished history during which we have had the privilege of representing businesses and many small and large industries in the Northeast Tennessee/Southwest Virginia region since the law firm was founded in 1916.
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Today, our attorneys continue to represent many commercial and professional organizations in the region and beyond from our offices in Kingsport and Johnson City, Tennessee.
The firm is honored to be recognized in the annual "Best Law Firms" list published by
U.S. News & World Report
and Best Lawyers.
Click on the link to
visit our website
.
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Hunter, Smith & Davis, LLP
1212 North Eastman Road
Kingsport, TN 37664
Phone: (423) 378-8800
Fax: (423) 378-8801
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Hunter, Smith & Davis, LLP
100 Medtech Parkway, Suite 110
Johnson City, TN 37604
Phone: (423) 283-6300
Fax: (423) 283-6301
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