As you are no doubt aware, Election Day is only about three weeks away. As you have no doubt also heard, the country is deeply divided over many issues that are “hot button” topics in the plethora of political ads now...more
Join us in person or virtually on Wednesday, February 7 for an All-Day Employment and Employee Benefits Seminar. You’ll hear from Poyner Spruill attorneys about trending topics in employment and employee benefits. We aim to...more
1/23/2024
/ Artificial Intelligence ,
Breastfeeding ,
Continuing Legal Education ,
Diversity ,
Drug Testing ,
Employee Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Opportunities ,
Events ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
NLRB ,
North Carolina ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Protected Concerted Activity ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Remote Working ,
SECURE Act ,
Unions ,
Wage and Hour
In a striking break from its recent steady stream of divided opinions, last week the United States Supreme Court issued a unanimous opinion making a dramatic change in the level of hardship an employer must show to justify...more
Texting in the course and scope of business communications is almost ubiquitous. If your company issued a phone to an employee, presumably your company has the ability to control and preserve text messages sent on it. ...more
The EEOC and the DOL have released guidance on employer obligations under the Americans with Disabilities Act and the Family Medical Leave Act when employees have mental health issues that interfere with their ability to...more
The leaked draft of the Supreme Court decision in Dobbs v. Jackson Women’s Health Organization et al, made headlines and sparked protests across the country. Now that the Supreme Court has issued the final decision, which...more
On December 14, 2021, the EEOC updated its Technical Assistance Questions and Answers to provide a framework for analyzing when an employee’s COVID-19 infection qualifies as a disability under the Americans with Disabilities...more
The Commissioner of the North Carolina Department of Labor announced on November 10, 2021, that his department will not adopt or enforce the new OSHA Emergency Temporary Standard for COVID-19 protection and prevention issued...more
11/15/2021
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Policies ,
Human Resources Professionals ,
Masks ,
North Carolina ,
OSHA ,
Paid Time Off (PTO) ,
State and Local Government ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The Delta variant is sweeping the country. COVID-19 illness rates are increasing. Many large employers such as Google, Facebook, Morgan Stanley, Tyson Foods, and The Washington Post have made vaccination mandatory for their...more
As many Governors lift and modify shelter-in-place orders, employers need to give careful consideration to the health and safety, legal, and practical issues presented by returning their employees to the workplace. Best...more
The coronavirus, first identified in China, was declared a global health emergency by the World Health Organization on January 30, 2020. Borders are being closed to travelers, airline flights suspended, and cruise passengers...more
If your company employs 100 or more employees or has 50 or more employees and a federal contract of $50,000 or more, the deadline to file your employee pay information with the federal government is the end of this month....more
9/9/2019
/ Binary Options ,
Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Gender Expression ,
Gender Identity ,
New Guidance ,
Reporting Requirements ,
Self-Reporting ,
Wage and Hour
Late last week, the United States Department of Labor (“DOL”) published proposed regulations addressing the salary level for jobs that are exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act...more
The Citation of Immediate Jeopardy Deficiencies Against Nursing Facilities: Unforeseen Consequences -
There are no words more feared by a skilled nursing facility Administrator during an annual recertification survey or...more
10/24/2017
/ Criminal Background Checks ,
Drug Testing ,
Employee Benefits ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Long Term Care Facilities ,
Long-Term Care ,
OSHA ,
Ransomware ,
Salary/Wage History ,
Skilled Nursing Facility ,
Year-End Planning
Employers across the country received some good news last week when the U.S. Department of Labor (DOL) filed its Reply Brief in the Texas lawsuit that halted implementation of the $913 per week salary requirement for exempt...more
Federal law protects applicants and employees from negative treatment in connection with their employment, where that negative treatment is based on a protected characteristic. Traditionally, courts have interpreted the...more
The U.S. Occupational Safety and Health Administration (OSHA) recently issued a final rule that becomes effective January 1, 2017 requiring healthcare industry employers to electronically submit to OSHA injury and illness...more
Late last month the U.S. Equal Employment Opportunity Commission (EEOC) issued a statement by its Chair Jenny R. Yang, as well as two informational Question and Answer Guidance documents about discrimination against employees...more
With all of the media attention on imminent changes to the Fair Labor Standards Act (FLSA) and the incredible increase in wage and hour litigation, it is a good time to review employees’ exempt/non-exempt classification and...more
The Equal Employment Opportunity Commission (EEOC) is implementing an online charge notification and response system called “ACT Digital.” Phase I implementation has begun in the areas covered by the Charlotte District...more
Employers have long understood that rules prohibiting employees from speaking languages other than English are subject to attack by the Equal Employment Opportunity Commission (EEOC). The EEOC’s position is that a rule...more
A recent case emphasizes the importance of implementing procedures that establish strict compliance with the employer notice obligations under the FMLA. In Lupyan v. Corinthian Colleges, Inc., the Third Circuit held that...more
There have been many news stories recently about the Employment NonDiscrimination Act (ENDA), which the U.S. Senate appears certain to pass this month. Commentators have different opinions about whether the House of...more
Two recent cases illustrate the importance of training managers to recognize the need to consider accommodation for religious beliefs of employees, and the care with which such requests should be analyzed. Title VII prohibits...more
In this issue:
- America’s Aging Health Care Workforce Presents Challenges
- Using Covenants Not to Compete in the Health Care industry
- Bring Your Own Device Programs and Health Care: Too Risky to...more