In 2015, a Raleigh newspaper ran a series of investigative articles focused on construction industry members that classified a large portion of their workers as independent contractors instead of employees. The articles...more
The financial services industry has been a prime target for class and collective action claims for overtime under the Fair Labor Standards Act (FLSA) and related state laws. For decades, banks and related institutions...more
Contrary to the Equal Employment Opportunity Commission’s (EEOC) position discussed in last week’s EmployNews, federal courts continue to allow employers to require employees to actually come to work. Last month, the Fifth...more
In 2011, the Obama Department of Labor (DOL) adopted a rule stating that service industry employers could not implement tip pooling rules, even if they did not claim the tip credit for minimum wage compliance purposes. Tip...more
As technology makes it more possible for employees to work from remote locations, employers are increasingly faced with requests from employees to work from home. When these requests are based on medical reasons, the employer...more
Beginning when the first states legalized use of marijuana for medical or recreational purposes, employers began speculating whether legislatures and courts in those states would continue to permit employers to exclude...more
Over the past several years, we have reported on a seemingly never-ending series of National Labor Relations Board (NLRB) decisions proclaiming a variety of abusive employee practices as protected behavior under federal labor...more
On July 6, the full Eleventh Circuit Court of Appeals declined to hear the appeal of a case dismissing a sexual orientation bias claim under Title VII for lack of jurisdiction. This decision creates a split among the federal...more
Late last month, the Federal Occupational Safety and Health Administration (OSHA) announced a proposed delay for implementation of its new injury and illness reporting requirements until December 1. The rule originally was...more
On June 15, President Trump signed an Executive Order streamlining the design and approval for apprenticeship programs funded by the Department of Labor (DOL). The Order is intended to entice more employers to begin...more
When an employer believes that a former employee has violated post-employment restrictive covenants, it often seeks injunctive relief intended to prevent harm to its business pending a final determination on the merits of the...more
The Age Discrimination in Employment Act (ADEA) only applies to employers with 20 or more employees. For years, small local governmental units have understood that they are exempt from ADEA jurisdiction based on the actual...more
The Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) affirmed a $600,000 jury verdict in favor of a West Virginia coal miner who refused to use a new biometric hand scanner installed by his...more
Last year, the National Labor Relations Board (NLRB) surprised many employers when it declared illegal Whole Foods’ policy that prohibits employees from video or audio recording in the workplace. The Board concluded that the...more
The battles over transgender persons’ civil rights continue nationwide, especially when the controversy involves restroom access. Last week, the Seventh Circuit Court of Appeals concluded that a Wisconsin school district...more
Employees taking leave under the Family and Medical Leave Act (FMLA) are entitled to be reinstated to their previous job or to an equivalent position. The equivalent position must be the substantially the same in terms of...more
For years, the Equal Employment Opportunity Commission (EEOC) divided sexual harassment claims into two distinct categories. Hostile environment harassment related to creation of an offensive work environment based on sexual...more
When an employee seeks Family and Medical Leave for a serious health condition, the company routinely gives the employee requesting the leave the DOL medical certification form to be completed by their healthcare provider. In...more
Many people have fanaticized about telling their boss what they really think about him or her. Fortunately, most employees have the good sense not to write down what they are thinking about their employer....more
Employers sometimes defend retaliation claims by responding that the person or persons making the adverse employment decision was not aware of the plaintiff’s prior complaint. In the employment discrimination context, the...more
A recent decision from the Second Circuit Court of Appeals illustrates the limits of employers’ obligations to accommodate employee disabilities under the Americans with Disabilities Act (ADA). Stevens v. Rite Aid Corp....more
The Americans with Disabilities Act (ADA) encourages employers to engage in an interactive process with disabled employees to determine if there are reasonable accommodations that allow the employee to perform the essential...more
Most employers know that they can be held liable in some situations based on negligent hiring or retention of an employee who harms a third party. A new decision from the Seventh Circuit Court of Appeals cautions employers...more
Every tax season seems to bring with it new attempts by criminals to fraudulently obtain tax refunds. One popular “phishing” scheme involves fraudulent emails that appear to be from a company executive seeking personal...more
A politically divided nation can mean a politically divided workplace. While employers generally hesitate to react to employees’ expression of political views, some comments viewed as extreme, threatening or inconsistent with...more