A recent case from the United States Fourth Circuit Court of Appeals, Lattinville-Pace v. Intelligent Waves LLC, has important implications for employers. In the case, a 67-year-old employee brought suit alleging age...more
The Equal Employment Opportunity Commission (EEOC) has long taken the position that the Americans with Disabilities Act (ADA) requires employers to provide a disabled employee reassignment to an alternative position for which...more
As part of the federal government’s response to the COVID-19 pandemic, the Families First Coronavirus Response Act, P.L. 116-127 (the “FFCRA”) was enacted on March 18, 2020. Its effective date is April 2, 2020 and its...more
Effectively drafted restrictive covenants are valuable tools employers can utilize to protect their proprietary interests. Covenants not to compete and covenants not to solicit an employer’s clients or employees are the most...more
11/7/2019
/ Contract Terms ,
Defend Trade Secrets Act (DTSA) ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Contract ,
Former Employee ,
Non-Compete Agreements ,
Private Right of Action ,
Proposed Legislation ,
Proprietary Information ,
Restrictive Covenants ,
Unenforceable Contract Terms
On Tuesday, August 27, 2019, President Trump formally nominated Eugene Scalia to serve as Secretary of the United States Department of Labor. The Department of Labor is responsible for enforcing federal laws governing the...more
9/3/2019
/ Bonuses ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Opinion Letter ,
Over-Time ,
Paralegal ,
Presidential Nominations ,
Secretary of Labor ,
Wage and Hour ,
White-Collar Exemptions
In the midst of the Harvey Weinstein scandal, in October of 2017, actress Alyssa Milano took to Twitter and encouraged any woman who had been sexually harassed to tweet “Me Too” to bring awareness to the prevalence of sexual...more
As tributes to former President George H.W. Bush’s legacy continue in the wake of his passing, I find myself reflecting on one particular piece of legislation – the Americans with Disabilities Act – which has impacted...more
In November 2017, the United States Senate confirmed Peter Robb as the new General Counsel for the National Labor Relations Board (“NLRB”). On December 1, 2017, Mr. Robb issued Memorandum GC 18-02 (“Memorandum”) in which he...more
A New Plan or More of the Same?
On February 12, 2018, the United States Equal Employment Opportunity Commission (EEOC) published its Strategic Plan for fiscal years 2018 through 2022. The Strategic Plan serves to provide a...more
The United States Equal Employment Opportunity Commission (EEOC) has consistently maintained that leaves of absence should be considered as a form of reasonable accommodation under the Americans with Disabilities Act (ADA)....more
On August 11, 2017, Governor Roy Cooper signed into law the Employee Fair Classification Act. While the Act does not change the definition of what constitutes an “employee” under existing North Carolina law, the Act does...more
9/6/2017
/ Employee Definition ,
Employee Rights ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
New Legislation ,
Posting Requirements ,
Wage and Hour
On May 16, 2017, the United States Court of Appeals for the Fourth Circuit, which governs cases pending in North Carolina, issued an opinion that reveals the parameters within which an employer may fill an employee’s position...more
7/3/2017
/ Army ,
Defense Contracts ,
Discrimination ,
Employee Reassignment ,
Employer Liability Issues ,
Employment Litigation ,
Family and Medical Leave Act (FMLA) ,
Federal Contractors ,
Hiring & Firing ,
Popular ,
Wage and Hour
On January 10, 2017, the United States Equal Employment Opportunity Commission (EEOC) issued proposed enforcement guidance on preventing workplace harassment for which it seeks input before implementation. The deadline for...more