The ACLU of Tennessee has challenged a state rule governing what gender is listed on a person's driver's license, the Tennessean reports. The organization filed the lawsuit on behalf of a Monroe County transgender woman and asked the court to block the rule. In 2023, the Tennessee General Assembly passed a law defining a person's sex based on "immutable" physical and genetic characteristics at birth. That same year, the Tennessee Department of Safety and Homeland Security implemented the policy that it would not change driver's license gender markers to something different than the sex given on a person's original birth certificate. In addition to arguing that the policy discriminates, the ACLU says the department did not go through the appropriate procedures required for creating a new rule under state law.

Shelby County lawyer Kelvin Arthur Massey received a public censure from the Tennessee Supreme Court on April 23. The court found that while under active suspension from the practice of law, Massey engaged in unauthorized practice by providing legal advice, drafting legal documents, providing legal services, and holding out to the public that he was an attorney licensed to practice law in Tennessee. His actions were determined to violate Rules of Professional Conduct 3.4(c), 5.5(b)(2) and 8.4(g).

The Federal Trade Commission’s (FTC) new rules barring non-compete agreements for most employees, released yesterday, already have been challenged in two suits. The first was filed yesterday by a tax service in Texas. Today, the U.S. Chamber of Commerce filed in a different federal court in Texas. That suit alleges that the FTC lacks the power to adopt such sweeping rules. The ban, announced yesterday, is set to take effect in August, Reuters reports.

The state House on Monday passed HB1663/SB1834, sponsored by Rep. William Lamberth, R-Portland, and Sen. Jack Johnson. R-Franklin, which would authorize the death penalty to be considered in the sentencing of a person convicted of rape, aggravated rape and especially aggravated rape of a child. The legislation prohibits a person with an intellectual disability from being given the death penalty for any offense. Having already passed in the state Senate, the legislation now goes to Gov. Bill Lee, WATE reports. The bill may contradict a 2008 ruling from the U.S. Supreme Court, but supporters say the current court may rule differently. On Wednesday, the House gave final approval to legislation requiring websites with “substantial” amounts of sexual content to verify the age of users. Those who do not create systems to block minors’ access could face felony charges. The Tennessee Journal reports on this legislation.

Republican Gov. Bill Lee has “unchecked authority” under Tennessee law to pick whoever he wants to run the state Education Department, according to a new legal opinion issued by Attorney General Jonathan Skrmetti. In the opinion, Skermetti writes: “… the General Assembly chose to grant the Governor unchecked authority to appoint the Commissioner of Education. It could have, but did not, subject the Governor’s choice to legislative confirm[ation]. Nor did it require a ‘certificate of qualification’ from some expert third-party board, as past laws had. In lieu of such checks, the General Assembly determined that the Governor should unilaterally judge who had the attainments necessary to lead the State’s Department of Education." The opinion came in response to an inquiry as to whether the legislature or any other party has the authority to challenge the governor’s choice for the position. Read press coverage from the Tennessee Journal.

Having “everywhere access” to your documents requires Internet-connected storage. If you’re a Microsoft 365 or Google Workspace customer, you already pay for terabytes of online storage. Use this comparison chart to find the right cloud storage vendor for your organization. Access this and more resources in the Opening a Firm section of TBA’s Law Practice Management Center.

Join colleagues tomorrow at 11:30 a.m. CDT for the second webcast in an attorney well-being series, presented by the TBA Women in the Profession Committee. This one-hour session will use research associated with increased alcohol and drug use; increased stress, anxiety and depression; and feelings of isolation to provide real world strategies to achieve wellness while facing daily professional challenges.

The Tennessee House of Representatives on Monday passed HB1930/SB2571, the "Parental Accountability Act," sponsored by Rep. John Gillespie, R-Memphis, and Sen. Brent Taylor, R-Memphis.  The bill would allow judges to levy up to $1,000 in fines against parents or legal guardians of children who commit a second criminal offense. The Associated Press reports that the chamber voted 72-24 to send the bill to Gov. Bill Lee. It passed the Senate on March 18. Supporters argue the proposal is needed to hold families accountable for the child’s actions. However, opponents warned that the bill unfairly targets working parents who may have limited resources and burden them with fines that they may be unable to pay. 

The Supreme Court heard arguments in a challenge to the National Labor Relations Board’s reinstatement of seven terminated Memphis employees who were organizing a union at a Poplar Avenue Starbucks cafe. NPR has more about the case, which began in 2022 after Starbucks fired the employees, citing multiple violations of company policies. The workers maintain they were fired for trying to organize a union. Today's arguments were not about whether Starbucks illegally interfered with the union drive, but whether a lower court erred in ordering Starbucks to reinstate the baristas while their firings were being investigated. A ruling is expected by the end of June and could have far-reaching implications for labor organizing efforts across the country and across industries.

The Shelby County Board of Commissioners is asking Shelby County Clerk Wanda Halbert to formulate a corrective action plan to remedy problems found in a review of her office in March by the Tennessee Comptroller’s office. The Daily Memphian reports that the resolution seeking the corrective action plan was approved by the commission on Monday on a 7-1-1 vote with several commissioners out of the room. Commissioner Mick Wright sponsored the resolution; he has called for Halbert's resignation several times. Commissioner Britney Thornton voted against the resolution, saying she felt that Halbert was being unfairly singled out.