On Tuesday, the full Seventh Circuit Court of Appeals concluded that Title VII of the Civil Rights Act of 1964’s prohibition against sex discrimination also includes protections against employees being discriminated against...more
In a disturbingly increasing number of charge investigations, employers have faced broad information requests from the Equal Employment Opportunity Commission (EEOC), including requests that appear unrelated to the charging...more
Last week’s EmployNews reported an Eleventh Circuit Court of Appeals decision in which two of the three judges considering the case concluded that Title VII of the Civil Rights Act of 1964’s prohibition against sex...more
President Trump signed legislation ending Obama-era federal rules requiring contractors to disclose federal labor law violations as part of the federal contracting process. The rules would have appointed a contracting officer...more
On Thursday, Governor Cooper signed into law a measure repealing North Carolina’s controversial HB2 law that limited use of public restrooms and changing facilities to the gender on that person’s birth certificate. While most...more
When an employee tests positive for illegal drug use or self-discloses such use, many employers condition return to work on the employee’s participation in a substance abuse treatment program. These programs can include drug...more
The hospitality industry continues to battle numerous lawsuits claiming that employers failed to properly compensate employees who earn a portion of their wages through tips. Earlier this month, the Tenth Circuit Court of...more
Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sex. Perhaps the hottest issue in employment discrimination law today is whether that ban on gender discrimination includes discrimination on...more
The scenario is familiar to employers responding to a Charge of Discrimination filed with the Equal Employment Opportunity Commission (EEOC). Even though the Charge only includes claims of discrimination by one person, the...more
We regularly field questions from companies in the process of an asset purchase, asking whether they can obtain an assignment of the seller’s non-competition agreements with its employees. While this question has never been...more
Earlier this month, the Trump administration withdrew the Department of Justice’s prior position that Title IX of the Civil Rights Act prohibits schools and other covered institutions from discriminating on the basis of...more
Some people are naturally more affectionate than others. Most people have friends or acquaintances who go for hugs when a handshake is all that you expect. In the workplace, these personality types can clash, and “huggers”...more
Over the past several years, the National Labor Relations Board (NLRB) has repeatedly found that standard employee handbook provisions violate employees’ rights under Section 7 of the NLRA. These cases conclude that a variety...more
The federal Computer Fraud and Abuse Act (CFAA) and the Stored Communications Act (SCA) were enacted to protect U.S. businesses and individuals from computer hacking and industrial espionage. In recent years, employers and...more
Employers sometimes struggle determining appropriate disciplinary action in the event of relatively low level sexual harassment. Many companies take a no tolerance approach, concluding that keeping the harasser employed makes...more
Most employers know that qualified employees are entitled under the Family and Medical Leave Act (FMLA) to take unpaid leave from work to care for a spouse, child or parent with a serious health condition. What happens when...more
Employers that use workers eligible under H-1B non-immigrant visas agree that in the event of termination of employment, they will offer the employee payment for transportation home in certain circumstances. Earlier this...more
Workers’ Compensation exclusivity means that for the overwhelming majority of workplace injuries, employees are limited to compensation through the Comp system. Under the North Carolina Supreme Court’s Woodson decision,...more
Title VII of the Civil Rights Act requires employers to provide reasonable accommodation of employees’ religious practices. Perhaps the most common accommodation request involves time away from work based on religious...more
As reported in EmployNews, last month in its Salinas decision, the Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) adopted a new, broader test for determining when two entities are joint...more
Several years ago, the Equal Employment Opportunity Commission (EEOC) raised employers’ eyebrows when it filed several lawsuits challenging the validity of employer-sponsored wellness programs. The EEOC contended that such...more
The Equal Pay Act prohibits employers from compensation discrimination on the basis of gender. If the employees perform the same or substantially equal work, they should receive comparable pay. ...more
When we review employee sales commission plans or compensation agreements with sales representatives, the plans generally contain detailed language regarding how commissions are calculated and paid. For example, the plans may...more
Title VII of the Civil Rights Act protects employees against sexual and other types of harassment that result in a hostile and offensive working environment. What happens when the alleged harassment involves customers of the...more
Under the Fair Labor Standards Act (FLSA) and state wage payment laws, employers are responsible for compliance with wage payment requirements. Plaintiffs cannot sue non-employers claiming overtime or minimum wage violations....more
2/8/2017
/ Appeals ,
Construction Industry ,
Corporate Counsel ,
Dismissals ,
Fair Labor Standards Act (FLSA) ,
General Contractors ,
Joint Employers ,
Minimum Wage ,
Multi-Factor Test ,
Reversal ,
Subcontractors ,
Wage and Hour