Employers have been following legal challenges to the U.S. Department of Labor’s second round of increases to the minimum salary that must be paid to meet the requirements of the Fair Labor Standards Act’s white collar...more
9/20/2024
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
Oftentimes when an employee leaves a company in North Carolina, they may be in possession of company-issued equipment, like a phone, tablet, or laptop. Imagine that it’s day three since the employee quit, and human resources...more
As we previously discussed, the U.S. Department of Labor (DOL) released its new rule that was estimated to make approximately 4 million more employees across the United States eligible for overtime. While we anticipated that...more
Some employees who are being fired or laid off from their jobs have started to record the conversations with their managers or human resources representatives and post it on social media platforms like TikTok, Instagram, or X...more
On Tuesday, the U.S. Department of Labor (DOL) released its highly anticipated final rule that makes approximately 4 million more employees across the country eligible for overtime pay....more
4/26/2024
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
Recently, we discussed whether a miniature horse qualified as a service animal allowed to enter public accommodations under Title III of the Americans with Disabilities Act. The answer is yes, but what does that mean for...more
We have received an increasing number of questions about service animals — and most recently — an inquiry about miniature horses. While the statutory definition of "service animal" under Title III of the Americans with...more
Last week, we reported on a new joint enforcement initiative between the U.S. Department of Labor (DOL) and the Federal Trade Commission. On the heels of this announcement, the Equal Employment Opportunity Commission (EEOC)...more
On August 2, 2023, the National Labor Relations Board issued a groundbreaking decision, adopting a new standard to assess whether an employer’s workplace rules, including those found in handbooks, violate the National Labor...more
On May 17, the United States District Court for the Middle District of North Carolina made a significant ruling in Phillips v. Wolfspeed, Inc., where a former employee’s claims of pregnancy discrimination and retaliation were...more
Breastfeeding has numerous benefits for both mother and baby, but for too long, working mothers have struggled to express breast milk at work without adequate support. That’s where the Providing Urgent Maternal Protections...more
The Pregnant Workers Fairness Act (PWFA) becomes effective on June 27, 2023, and the Equal Employment Opportunity Commission (EEOC) has issued guidance – and a countdown – on its implementation. The PWFA is a federal law that...more
On May 1, the White House announced that it will end the COVID-19 vaccine requirements for federal employees, federal contractors, and international air travelers at the end of the day on May 11. The Department of Homeland...more
On April 18, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, Maryland, West Virginia, and Virginia) affirmed a lower court’s grant of summary judgment to an employer and confirmed the...more
The Americans with Disabilities Act (ADA) prohibits discrimination in employment on the basis of disability, including “morbid obesity.” However, outside of this condition, the ADA’s protections do not extend to employees who...more
Over the last several months, the National Labor Relations Board (NLRB) has taken a paring knife to employers’ ability to strategically use separation agreements with employees. On February 21, the NLRB reinstated its prior...more
On February 9, the U.S. Department of Labor (DOL) issued an Opinion Letter that discusses the interaction between the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA), in terms of how an...more
As previously discussed, post-employment noncompetes require thoughtful drafting and implementation in order to be enforceable in North Carolina. Courts and judges don’t like them, but they can be an incredibly valuable tool...more
On November 16, 2022, Congress passed the Speak Out Act, which garnered bipartisan support in both the House and the Senate. President Biden signed the legislation on Wednesday, December 7, 2022....more
On October 20, the Equal Employment Opportunity Commission (EEOC) issued a new mandatory poster that must be placed in a conspicuous location in the workplace where notices to applicants and employees are customarily...more
The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against or discharging any individual because of such person’s age. There is, however, a narrow exemption to this prohibition for...more
On October 4, the Fourth Circuit Court of Appeals (which includes Maryland, Virginia, West Virginia, North Carolina, and South Carolina) affirmed a lower court’s grant of summary judgment to an employer, in part, based...more
Across the United States, many employers have moved to a remote or flexible (often called hybrid) working schedule to attract and retain employees. Employers have also found that allowing employees to work remotely has...more
On August 15 in Roberts v. Gestamp W. Va., LLC, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) concluded that a jury must decide whether an employee’s Facebook message to his...more
The Americans with Disabilities Act (ADA) requires covered employers, absent an undue hardship, to provide a reasonable accommodation to an otherwise qualified individual who meets the definition of disabled. A...more