Title VII and related federal civil rights laws contain short administrative claims periods that often result in preclusion of actions filed after expiration of these dates. These exclusions lead to frequent litigation...more
5/31/2016
/ Constructive Discharge ,
Equal Employment Opportunity Commission (EEOC) ,
Green v Brennan ,
Hiring & Firing ,
Race Discrimination ,
Resignation ,
Retaliation ,
SCOTUS ,
Statute of Limitations ,
Title VII ,
USPS
The Equal Employment Opportunity Commission issued final regulations on May 18, 2016 that place limits on financial incentives used in certain employer-sponsored wellness programs. The two rules issued under the ADA and GINA,...more
On May 18, 2016, the federal Department of Labor’s Wage and Hour Division issued final regulations that dramatically increase the minimum salary required to claim exemption from the overtime provisions of the Fair Labor...more
The Americans with Disabilities Act prohibits employers from refusing to hire qualified individuals with a disability on the basis of their condition, if they can perform the essential functions of the job with or without...more
5/18/2016
/ Administrative Remedies ,
Americans with Disabilities Act (ADA) ,
Commercial Truck Drivers ,
Corporate Counsel ,
Disability Discrimination ,
Essential Functions ,
FMCSA ,
Hiring & Firing ,
Job Applicants ,
Medical Examinations ,
Popular ,
Remand ,
Reversal
The Supreme Court’s 2006 Burlington Northern decision concluded that employers engage in retaliation against protected employees when they take action that would deter a reasonable person from filing an EEOC charge or...more
5/17/2016
/ Adverse Employment Action ,
Burlington Northern ,
Corporate Counsel ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Harassment ,
Remand ,
Retaliation ,
Reversal ,
Title VII
On Wednesday, the federal Occupational Safety and Health Administration issued final regulations changing the way businesses report injury and illness experience. The new rules take effect January 1, 2017, and will for the...more
South Carolina courts evaluate the enforceability of non-compete provisions executed in the employment context and in connection with the sale of the business under the same reasonableness test. To be enforceable in South...more
5/11/2016
/ Buyers ,
Consideration ,
Contract Drafting ,
Corporate Counsel ,
Legitimate Business Interest ,
Non-Compete Agreements ,
Reasonableness Factors ,
Restrictive Covenants ,
Reversal ,
Sellers ,
Void and Unenforceable
As transgender bathroom access legislation continues to generate controversy across the U.S., the Equal Employment Opportunity Commission issued a new Fact Sheet unequivocally stating its position with regard to restroom use...more
The Fair Labor Standards Act contains regulations explaining when time spent by new employees training for their jobs is compensable working time. In most circumstances, the employer must pay trainees for time spent learning...more
As part of an ongoing Simplification Initiative, the Financial Accounting Standards Board (the “Board”) recently issued an Update to Accounting Standards Codification (ASC) Topic 718, which deals with stock-based...more
The National Labor Relations Board continues its assault on employer handbooks and other policies it considers to impede employees’ rights to engage in protected concerted activity under Section 7 of the NLRA. Last month, the...more
5/4/2016
/ Code of Conduct ,
Employee Handbooks ,
Hospitals ,
NLRA ,
NLRB ,
Nurses ,
Patient Safety ,
Protected Concerted Activity ,
Section 7 ,
Termination ,
Workplace Bullying
Last week in a rare bipartisan move, the House of Representatives passed the Defend Trade Secrets Act of 2016 (DTSA). The Senate approved the bill earlier in April, and President Obama says that he will sign the legislation,...more
5/3/2016
/ Asset Seizure ,
Defend Trade Secrets Act (DTSA) ,
Ex Parte ,
Intellectual Property Protection ,
Misappropriation ,
Pending Legislation ,
Private Right of Action ,
Remedies ,
State Law Claims ,
Trade Secrets ,
Uniform Trade Secrets Acts
The Public Facilities Privacy & Security Act, commonly known as HB2, continues to generate controversy and confusion. The new law has caused many employers to reexamine their policies with regard to restroom use by employees...more
Employers frequently offer light duty work as a means for injured employees to return to their regular job duties. Light duty is typically associated with employees with Workers’ Compensation related injuries. ...more
In 2009’s Crawford decision, the U.S. Supreme Court concluded that an employee who participates in an employer’s harassment or discrimination investigation as a third-party witness, falls within federal anti-retaliation...more
Since the Americans with Disabilities Act was adopted, the Equal Employment Opportunity Commission has considered morbid obesity to fall within the definition of a protected disability. Earlier this month, the Eighth Circuit...more
North Carolina’s new Public Facilities Privacy & Security Act, commonly known as HB2, includes a prohibition against state court wrongful discharge lawsuits based on race, religion, gender, age and other protected...more
The Americans with Disabilities Amendment Act significantly broadened the definition of protected disabled individuals under federal antidiscrimination law. In subsequent rules implementing ADAAA, the Equal Employment...more
4/13/2016
/ ADAAA ,
Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Failure to Accommodate ,
Mercedes-Benz ,
Over-Time ,
Pregnancy ,
Pregnancy Discrimination ,
SCOTUS ,
Young v United Parcel Service
The National Labor Relations Board continues to interpret Section 7 of the NLRA to prevent employers from adopting social media policies that restrict employees’ ability to publically complain about their terms and conditions...more
Before filing suit alleging discrimination, Title VII requires plaintiffs to file a charge of discrimination with the Equal Employment Opportunity Commission. If the plaintiff files an EEOC charge, but includes claims in his...more
The Family and Medical Leave Act imposes liability for interference by the “employer” with leave rights. Typically, the disgruntled employee asserts FMLA claims against the company employing him or her, but the Act also...more
In last year’s Mach Mining decision, the U.S. Supreme Court unanimously held that the Equal Employment Opportunity Commission is required to attempt to settle (“conciliate”) discrimination claims before bringing suit against...more
On March 23 following a one-day special session, the North Carolina General Assembly passed, and Governor McCrory signed HB 2, a bill that will have widespread effects on legal protections for employees in North Carolina. The...more
On March 23, 2016, the federal Department of Labor issued final regulations requiring for the first time that employers disclose the identity of any third-party consultants retained to help the company respond to union...more
When it comes to modifying the terms of a non-competition agreement deemed overbroad or unreasonable, North Carolina has long held to the blue pencil rule. Unlike many other states, North Carolina judges do not have the...more