On February 21, 2018, in the case of Digital Realty Trust, Inc. v. Somers, the United States Supreme Court unanimously decided that employees who raise internal complaints about possible violation of securities laws are not...more
3/1/2018
/ Anti-Retaliation Provisions ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Internal Reporting ,
Reporting Requirements ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Whistleblower Protection Policies ,
Whistleblowers
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
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
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
You thought it was dead – but the United States Department of Labor (DOL) announced on October 30 that it plans to appeal a Texas district court’s August ruling which invalidated the Obama administration’s overtime rule. The...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
Restrictive covenants are valuable tools employers can use to protect their proprietary interests. Covenants not to compete and covenants not to solicit an employer’s clients or employees are the most common forms of...more
Out with the old, in with the new: Acting Chair Victoria Lipnic was passed over by the Trump administration to lead the Equal Employment Opportunity Commission (EEOC). Fortune 500 executive Janet Dhillon has been nominated...more
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 June 7, 2017, the Wage and Hour Division of the United States Department of Labor withdrew two Administrator’s Interpretations issued during the Obama administration that took a broad view of the employment relationship...more
6/26/2017
/ Corporate Counsel ,
DirectTV ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
NLRA ,
NLRB ,
Over-Time ,
Staffing Agencies ,
Unions ,
Wage and Hour
On January 25, 2017, the United States Court of Appeals for the Fourth Circuit, which governs cases pending in North Carolina, issued two opinions which serve to clarify and expand the circumstances under which entities may...more
2/16/2017
/ Appeals ,
Contractors ,
DirecTV ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Joint Employers ,
Popular ,
Subcontractors ,
Unpaid Overtime ,
Unpaid Wages ,
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
Under the Immigration Reform and Control Act of 1986 (IRCA), employers are required to complete a Form I-9 for each new employee hired which serves to verify the identity of each new employee and to ensure that the new...more
On December 12, 2016, the United States Equal Employment Opportunity Commission (EEOC) issued an informal resource document which serves to remind employers of protections afforded to applicants and employees who suffer from...more