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Pray for a Good Harvest, but Keep at Your Plow – And Know Enough Employment Law to Stay Out of the Ditch

Employers in agribusiness face the same risks as those in any other business, but perhaps more than most if faced with frequent employee-turnover and employees with little loyalty to those for whom they work....more

Play by the Rules, Especially if They Are Your Rules: NC Supreme Court Creates New Constitutional Claim for Governmental Employees

On March 2, 2018, the North Carolina Supreme Court issued a remarkable decision that skewered a municipality for not abiding by its own personnel procedures. In the case of Tully vs. City of Wilmington, a municipal employee...more

Social Hosts Beware: "One More for the Road?" May Be a Bad Idea

Everyone was having such a good time, too . . . The company was hosting its annual holiday party. The company had arranged to hold the event that Saturday night in a hotel ballroom. Moods were festive, especially because...more

"Stick A Fork in It!" Updated Overtime Rules Are DOA . . . For Now

On August 31, 2017, Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas entered a final judgment in State of Nevada et al. vs. U.S. Department of Labor et al., awarding summary judgment against the...more

The Blind Side: EEOC's "Proposed Enforcement Guidance on Harassment" Reminds Employers that Workplace Harassment Can Cost Them...

Background - On January 10, 2017, the United States Equal Employment Opportunity Commission (the "EEOC") did employers a favor. It released "a proposed enforcement guidance addressing unlawful harassment under the...more

Pretty Fast for Government Work: United States Department of Labor Files Notice of Appeal of Order Enjoining Enforcement of...

On November 22, 2016, the United States District Court for the Eastern District of Texas granted a momentous preliminary injunction stopping the United States Department of Labor ("DOL") from implementing and enforcing its...more

Not So Fast: Texas Judge Stops Department of Labor From Implementing New Overtime Rules on December 1st

The United States District Court for the Eastern District of Texas has granted a preliminary injunction stopping the U.S. Department of Labor ("DOL") from implementing new overtime regulations. The court concluded that the...more

Lessons From the EEOC's General Counsel's Retrospective: Top Ten Litigation Developments and the Effective Employer's Response

On October 7, 2016, the General Counsel of the U.S. Equal Employment Opportunity Commission ("EEOC"), P. David Lopez, presented "The EEOC's Top Ten Litigation Developments" at an employment law symposium sponsored by Ward and...more

At Long Last: The Department of Labor Issues Final Salary Threshold Rule Effective December 1, 2016

After almost a year of speculation and concern, the U.S. Department of Labor ("DOL") today, May 18, 2016, issued its long-awaited Final Rule on overtime exemptions, making a major change to the minimum salary that an employee...more

Love Won't Let Me Wait (for Congress): EEOC Files “Sexual Orientation” Employment Discrimination Lawsuits Based on Title VII of...

On March 1, 2016, the U.S. Equal Employment Opportunity Commission ("EEOC") did something that many in the world of employment law have anticipated for a long time but still find remarkable: it sued two employers in federal...more

The Fair Labor Standards Act Statute of Limitations Limits Employer Liability: Except When It Doesn't

About a year ago, the United States Court of Appeals for the Fourth Circuit held in Cruz v. Maypa, 773 F.3d 138 (4th Cir. 2014), a decision that has received little attention, that an employer covered by the Fair Labor...more

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