The Parker Poe Employment & Labor Practice Group consists of more than 18 accomplished lawyers strategically located throughout the Firm’s geographic footprint, who have experience representing both foreign and domestic companies of all sizes on virtually every type of employment and labor matter.

With the size and experience level of competing boutique firms, Parker Poe’s employment and labor practice also has the additional ability to call on attorneys from dozens of practice groups and industry teams, including employee benefits. Our seamless service enables clients to call on one firm for efficient, cost-effective counsel.

Now more than ever, employee relations strategies need to be purposeful, compliant and, yes, defensible. Surveys of corporate risk managers identify employment and employee benefits issues among their top concerns for financial exposure.

In addition to monetary risks, failure to prevent and monitor potential employment problems can distract management, waste time and limit resources. Parker Poe works to understand your business, your legal issues and how best to protect the reputation, business practices and performance of you, your department and your company.

Employers also face increasingly aggressive efforts by labor unions to organize employees. Companies need to prevent incipient union activity and protect their union-free status through deliberate and coordinated steps and regular union avoidance training.

We counsel employers as they design, manage and carry out HR initiatives in a business world of increasing pressures and regulations. In our changing legislative and economic climate, these programs have ranged from HR compliance audits to layoffs, health care coverage to COBRA costs, and management training to multi-state leave policies.

Increasingly, employment decisions don’t stand alone. They’re critical factors in top-line strategies to expand or focus products and services, and bottom-line plans to shift production and people. Protecting trade secrets, completing transactions and pursuing legislative support requires a combination of experienced and effective legal counsel.

As a member of the Employment Law Alliance, Parker Poe can bring to bear the resources of top labor and employment attorneys in all 50 states and more than 100 countries around the globe.

The Firm was recognized by FORTUNE magazine as a 2012 Go-To Law Firm® for the Top 500 Companies in Labor & Employment Law.

Experience Highlights

Employment Experience

• Employment Defense Litigation – We have substantial experience representing clients in an array of litigation matters in state and federal courts in North Carolina and South Carolina as well as courts across the United States. We defend employers against claims involving Title VII, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Sarbanes-Oxley Act, wrongful discharge, retaliation, wage and hour matters, tort claims and other employment-related issues. Parker Poe is approved panel counsel for many of the major Employment Practices Liability Insurance (EPLI) carriers.
• Class and Collective Action Litigation – We have the experience and resources to handle class action, collective action, and multi-district litigation, and to manage the large discovery databases typically associated with such large, complex litigation.
• Trial Experience – We have the experience, state-of-the-art technology, and resources to try employment and labor cases in virtually any forum, if necessary. Possessing this ability often serves as a deterrent to litigation or helps to facilitate an early resolution of a lawsuit before our clients incur the substantial costs and administrative headaches associated with litigation.
• Regulatory and Administrative Investigations and Compliance – We routinely practice before a variety of federal and state agencies that administer employment laws and regulations, including the Equal Employment Opportunity Commission (EEOC) and equivalent state fair employment practices agencies, the Office of Federal Contract Compliance Programs, and federal and state departments of labor. We also provide employers with investigative, auditing and response services aimed at achieving full legal compliance, with minimal costs and business disruptions.
• Wage & Hour – We provide employers with strategies in wage and hour matters, with a focus on the legal requirements of the FLSA, state-specific wage and hour issues, overtime pay exemptions and legal control of overtime. We also represent employers in enforcement proceedings initiated by federal and state departments of labor and litigation involving both single plaintiffs and class actions.
• ADA and FMLA – Our attorneys work closely with employers in navigating the intricacies of the ADA and the FMLA and the relevant regulatory framework. We provide proactive strategies for employers to make prudent business decisions regarding sick and injured employees and to minimize the inevitable legal exposure.
• OSHA Compliance – Employers face increasingly aggressive enforcement actions by federal and state workplace health and safety compliance agencies, including burdensome new recordkeeping and injury recording requirements. We work with employers and outside consultants to identify areas of potential non-compliance in advance of any enforcement action. If an employer is the subject of an OSHA investigation, we provide complete representation during the inspection, and through the negotiations on or appeal of any resulting citations.
• Human Resources Counseling and Policies – We assist employers in drafting, implementing, modifying and enforcing personnel policies and employee relations concepts. We also provide strategic advice and guidance on specific personnel actions, such as hiring, evaluation, discipline and termination.
• Management Training – We work closely with in-house counsel, company management and human resources professionals to develop and implement training programs for supervisory personnel. Training programs are customized to meet clients’ specialized needs, and may include such topics as EEO and non-discrimination; sexual harassment; dealing with sick and injured employees; effective human resources practices, including hiring, evaluation, discipline and discharge; wage and hour issues; workplace violence; and emerging trends in employment law.
• ERISA Litigation – Working collaboratively with our employee benefits attorneys, we handle a variety of ERISA litigation matters for our clients, including defending claims for denial of medical, disability, life, severance and pension benefits, ERISA preemption, subrogation issues, interpleader actions and breach of fiduciary duty claims.
• Mergers, Acquisitions and Other Business Transactions – In partnership with our transactional attorneys, we are actively involved in due diligence on a variety of merger, acquisition and joint venture transactions. In connection with such transactions, we negotiate and draft employment agreements, executive compensation plans, retention plans, consulting agreements, severance documents and parachute agreements. We also manage compliance with the WARN Act and other legal issues triggered by such transactions.
• Employment and Non-competition Agreements, Unfair Trade Practices and Protection of Trade Secrets – We counsel and assist employers in drafting, implementing , modifying and enforcing employment contracts and related agreements designed to protect competitive interests, trade secrets and other confidential information. We also prosecute and defend restrictive covenant, employee theft, breach of fiduciary duty, unfair trade practices and trade secret misappropriation lawsuits.
• Immigration – Our immigration attorneys counsel multinational, foreign and domestic companies based throughout the world in industry sectors ranging from manufacturing, telecommunications, software development, ecommerce and financial services. We are especially experienced in handling immigration issues for researchers, scientists, engineers, computer specialists and executives who have particular needs and who warrant creative and aggressive immigration strategies.

Labor Experience

• Union-Free Workplace Training and Policies – We assist employers with proactive efforts to maintain and defend their status as union-free workplaces. This includes structuring proper interviewing and hiring practices to avoid salting and other potentially invasive union efforts, training executive and managers on the signs of union organizing activities, strategies for making their companies less attractive to union organizers, and “TIPS” on union avoidance training for front-line managers dealing with employees who may be considering supporting organizing efforts. We review and revise employee handbook and other policies to make certain that the company’s position on unions is clearly and fairly stated, and that appropriate restrictions on outside solicitations are in place.
• Arbitration of Grievances – For employers that are already unionized, we provide representation in grievance procedures, including investigation, attempts at resolution, and if necessary arbitration of union grievances.
• Collective Bargaining Act Negotiations – We regularly advise employers faced with initial negotiations or renegotiation of expiring CBAs. We propose creative solutions to bargaining issues with unions, and help position unionized employers for maximum flexibility in dealing with the bargaining representatives. We also assist employers in determining whether new workplace policies, procedures and benefits require bargaining with the labor representative prior to implementation.
• Representation Before the National Labor Relations Board – Due to recent personnel changes, the NLRB has become increasingly union-friendly. We represent employers involved in NLRB administrative procedures, including defense of unfair labor practice charges against employers, and prosecution of ULP charges against unions that violate the NLRA.
• Counseling Non-Unionized Employers on Labor Issues – An employer does not have to be unionized in order to encounter legal issues under the National Labor Relations Act. We make certain that our employer clients are aware of labor issues involved with non-unionized workplaces, such as avoiding inadvertent collective bargaining, recognizing and handling collective actions in non-organized workplaces, and problems involved with “house” unions and other areas of possible non-compliance under the NLRA.

Experience

Executive Compensation Claim
Obtained summary judgment on each of four claims in a case involving an eight-figure bonus compensation dispute by a former senior executive of a FORTUNE 500 company. The potential exposure was approximately $40 million dollars due to liquidated damages, interest and attorneys fees under the North Carolina Wage and Hour Act. The case involved extensive electronic discovery of archived data and a complex fact pattern that spanned a decade of events and compensation plans.

Multi-Country Claims Follow Acquisition
Retained to investigate the conduct of three executives and defend multiple actions arising from the alleged wrongful terminations of these managers following the acquisition of their international company. After an investigation uncovered facts exposing all three executives to significant liability, two of the matters were resolved on favorable terms without trial and the third was successfully arbitrated in Sweden.

Complex OFCCP Audit
Resolved a systemic discrimination claim alleged by the Department of Labor's Office of Federal Contract Compliance Programs, claiming discrimination against several thousand applicants by a large regional employer due to a biased aptitude test. OFCCP originally estimated damages at over $20 million. We resolved the claim for a small fraction of the monetary demand, and as an alternative, devised a creative mechanism for offering jobs over a multi-year period to qualified minority applicants.

Overtime Collective Action
Settled a potentially dangerous collective action claim for unpaid overtime filed on behalf of over 100 current and former employees of an area manufacturer. The claim alleged that the company improperly changed its workweek under the Fair Labor Standards Act, resulting in large claims for overtime pay. The plaintiffs were represented by a national firm specializing in these suits. We demonstrated that the method used to change the workweek was legally defensible and resolved the case for a small fraction of the original demand.

Disability (AIDS) Discrimination Claim
Represented a client in a multiple plaintiff Americans with Disabilities Act claim for discrimination brought by former employees with AIDS/HIV Positive. We favorably resolved a very contentious claim that involved joint employment issues between our client and two separate employee leasing/temporary staffing companies.

Section 1981 Race Discrimination Suit
Obtained summary judgment and dismissal of all claims asserted by a former employee who alleged discrimination against a national retail client in connection with denial of promotions, transfer and termination.

Large National Employer with Tens of Thousands of Employees
Have regularly conducted 50 state reviews for large national employer on a variety of compliance issues ranging from wage and hour compliance, wage garnishment and state and local leave law requirements. The substantive information developed by these reviews was prepared for use by as both resource materials and as components of online tools for client to manage HR compliance.

U.S. Subsidiary in Class Action Case
Represented the employer in an action against a former executive for breach of fiduciary duty and misuse of corporate assets. This lawsuit lead to the recovery of funds by the employer and the voiding of a significant severance package for the executive. In this matter we also successfully defended counterclaims by the executive for six-figure severance benefits.

Publicly Traded Company Facing Public Embarrassment
Within seven months of the filing date, following removal to federal court of a state court action for sexual harassment, intentional infliction of emotional distress, and wrongful discharge, Parker Poe obtained a dismissal of the complaint for failure to state a claim.

Little Time to Lose
Defeated the motion for temporary restraining order after receiving less than a single-day’s notice of a complaint for misappropriation of trade secrets and a hearing on a motion for temporary restraining order. Within four months after the complaint was filed, Parker Poe convinced the plaintiff to dismiss the lawsuit.

Unfair Labor Practice Charges Follow Unionization Efforts
Obtained successful resolution of multiple unfair labor practice charges following active unionization efforts. After several weeks of hearings before administrative law judges and two appearances before the Court of Appeals for the Fourth Circuit, we resolved the claims for a small fraction of the initial exposure and the client has remained union-free.

News

• Fourth Circuit Upholds Class Action Waiver Clause Under Concepcion
  EmployNews
  May 3, 2013
• Asking Another Worker to Move Heavy Objects Not a Required ADA Accommodation
  EmployNews
  May 3, 2013
• Questioning Criminal Background Check Not Protected Activity Under Title VII
  EmployNews
  May 3, 2013
• Federal ALJ Says Confidentiality and Non-Disparagement Provisions in Employment Agreement Violate NLRA
  EmployNews
  April 26, 2013
• Extended Accommodations Process Not Unreasonable Under ADA
  EmployNews
  April 26, 2013
• Employee Who Complained of Harassing Calls Never Identified Them as Sexual in Nature
  EmployNews
  April 26, 2013
• Parker Poe Attorneys Named SC Super Lawyers for 2013
  April 25, 2013
• Supreme Court Allows "Pick Off" of Named Plaintiff in FLSA Collective Action
  EmployNews
  April 19, 2013
• NC Court of Appeals Invalidates Non-Compete Used With General Laborers
  EmployNews
  April 19, 2013
• Supreme Court Says Employer's Group Health Plan Entitled to Reimbursement From Recovery From Third Party
  EmployNews
  April 19, 2013
• Single Use of "N-Word" Was Basis for Racial Harassment Claim
  EmployNews
  April 19, 2013
• Employer Entitled to Fire Employee Who Lied About Prior Drug Abuse and Treatment on Applicant Medical Inquiry
  EmployNews
  April 12, 2013
• Federal Judge Refuses to Apply North Carolina Wrongful Discharge Law to Constructive Discharge
  EmployNews
  April 12, 2013
• DOJ Sues Restaurant Under ADA For Refusing Service to Customers With Genetic Skin Disorder
  EmployNews
  April 12, 2013
• IRS Establishes Pre-Approved §403(b) Plan Program
  EmployNews
  April 5, 2013
• South Carolina Supreme Court Upholds Employment Arbitration Provision
  EmployNews
  April 5, 2013
• Supreme Court Says Plaintiffs Must Show Ability to Measure Damages on Class Basis in Order to Certify Action
  EmployNews
  April 5, 2013
• Isolation of Employee Can Be Sexual Harassment Under Title VII
  EmployNews
  April 5, 2013
• Second Circuit Says Getting to Work On Time May Not Be ADA Essential Job Function
  EmployNews
  March 29, 2013
• Fourth Circuit Says Employee Bound by Doctor's Restrictions Despite Her Disagreement
  EmployNews
  March 29, 2013
• Fourth Circuit Says Absence of Failure to Promote Claim in EEOC Charge Bars Later Lawsuit
  EmployNews
  March 29, 2013
• Persistent Requests for Dates Not Sexual Harassment
  EmployNews
  March 22, 2013
• NLRB Says Corporate Code of Ethics and Conduct Does Not Interfere With Employees' Concerted Activity Rights
  EmployNews
  March 22, 2013
• Alleged Lie on ADEA Release Does Not Invalidate Its Terms
  EmployNews
  March 22, 2013
• Undocumented Workers Can Collect Back Pay for Unpaid Overtime Under the FLSA
  EmployNews
  March 15, 2013
• Is Sequestration an "Unforeseen Business Circumstance" Excusing WARN Notice?
  EmployNews
  March 15, 2013
• Same-Sex Harassment Claim Applies to Conduct Where Opposite Sex Not Subjected to Alleged Behavior
  EmployNews
  March 15, 2013
• Supreme Court Hears Arguments on Validity of Class Action Arbitration Waivers
  EmployNews
  March 8, 2013
• Yahoo! Decision to Ban Telecommuting Contains ADA Exception
  EmployNews
  March 8, 2013
• Employers Should Begin Using New FMLA Forms as of Today
  EmployNews
  March 8, 2013
• Fourth Circuit Considers Cautionary Direction to Employee as Form of Retaliation Under Title VII
  EmployNews
  March 1, 2013
• Employee Chemical Sensitivities May Require Extensive Employer Accommodations
  EmployNews
  March 1, 2013
• Termination for Age-Related Performance Issues Does Not Violate ADEA
  EmployNews
  March 1, 2013
• North Carolina Overhauls Unemployment Benefits
  EmployNews
  February 22, 2013
• North Carolina Supreme Court Overrules Internal Defamation Case on Other Grounds
  EmployNews
  February 22, 2013
• H-1B Cap Alert for Fiscal Year 2014
  EmployNews
  February 22, 2013
• Controlled Groups and the Affordable Care Act
  EmployNews
  February 20, 2013
• New Guidance May Limit Use of Health Reimbursement Arrangements
  EmployNews
  February 15, 2013
• South Carolina Court of Appeals Upholds Physician Non-Compete and Forfeiture Provisions
  EmployNews
  February 15, 2013
• New OFCCP Directive Echoes EEOC Position on Criminal Background Checks
  EmployNews
  February 15, 2013
• North Carolina Residential Care Employers Pay $2.1 Million for Wage Violations
  EmployNews
  February 8, 2013
• DOL Says FMLA Leave for Disabled Adult Child Does Not Depend on Date of Onset of Condition
  EmployNews
  February 8, 2013
• One Harassing Act Within Limitations Period Opens Employer to Claims Going Back Years
  EmployNews
  February 8, 2013
• Federal Appellate Court Voids NLRB Recess Appointments
  EmployNews
  February 1, 2013
• EEOC Releases FY 2012 Charge Statistics
  EmployNews
  February 1, 2013
• Employer Review of Employee's Cell Phone Not Stored Communications Act Violation
  EmployNews
  February 1, 2013
• Department of Health and Human Services ("HHS") Releases Long-Awaited HIPAA Omnibus Regulations
  EmployNews
  January 25, 2013
• Risk of Drug Relapse May Be Current Disability Under ERISA LTD Policy
  EmployNews
  January 25, 2013
• Supreme Court to Review Use of Mixed Motive Standard in Title VII Retaliation Case
  EmployNews
  January 25, 2013
• Forty-Four Parker Poe Attorneys Named 2013 NC Super Lawyers
  January 18, 2013
• Fourth Circuit Says Timing of Termination Not Enough to Establish Retaliation Under FMLA
  EmployNews
  January 18, 2013
• Eleventh Circuit Rejects First Appellate Claim of Violation of FLSA's Breastfeeding Protections
  EmployNews
  January 18, 2013
• Largest Burger King Franchisee to Pay $2.5 Million to Resolve Sexual Harassment Claims
  EmployNews
  January 18, 2013
• American Taxpayer Relief Act Expands Opportunities for In-Plan Roth Conversions
  EmployNews
  January 11, 2013
• NLRB Says Terminations Based on Facebook Complaints Over Co-Worker's Criticism Violated Labor Laws
  EmployNews
  January 11, 2013
• Iowa Decision Upholding Termination of Employee Deemed "Too Hot" Follows Established Precedent
  EmployNews
  January 11, 2013
• IRS Proposes Rules for Employer Shared Responsibility Provisions Under ACA
  EmployNews
  January 4, 2013
• EEOC Adds Equal Pay as Enforcement Priority
  EmployNews
  January 4, 2013
• Fourth Circuit Says Employer Does Not Have to Create Pool of Substitute Workers to Accommodate Religious Beliefs
  EmployNews
  January 4, 2013
• Parker Poe Names New Partners for 2013
  January 2, 2013
• Seventh Circuit Says ADA Prohibition on Disclosure of Medical Information Only Applies to Knowledge From Medical Inquiries
  EmployNews
  December 21, 2012
• DOL Investigates Chargers for Youth Labor and Minimum Wage Violations
  EmployNews
  December 21, 2012
• Supreme Court Says Arbitrator and Not Court Must Decide Enforceability of Non-Compete
  EmployNews
  December 21, 2012
• Are Employees' Twitter Followers Company Property?
  EmployNews
  December 21, 2012
• Sarah Ford Re-Elected Secretary of Equality North Carolina
  December 20, 2012
• Proposed Transitional Reinsurance Fee Will Impose Significant Costs on Group Health Plans
  EmployNews
  December 14, 2012
• Facebook Photos Doom FMLA Retaliation Claim
  EmployNews
  December 14, 2012
• Finding of Willful and Wanton Harassment Deprives Executive of EPL Coverage
  EmployNews
  December 14, 2012
• OSHA Cites Convenience Store for Insufficient Protection of Employees From Armed Robbery
  EmployNews
  December 14, 2012
• State Marijuana Legalization Unlikely to Impact Employer Drug Use Prohibitions
  EmployNews
  December 7, 2012
• Reminder About $2,500 Cap on FSA Contributions Effective January 1, 2013
  EmployNews
  December 7, 2012
• Census Bureau Begins Release of Demographic Data Used in Affirmative Action Plans
  EmployNews
  December 7, 2012
• Employer Not Required to Provide Employee's Preferred Religious Accommodation
  EmployNews
  December 7, 2012
• Special Report: Agencies Propose Regulations to Implement Provisions of the Affordable Care Act
  EmployNews
  December 5, 2012
• Employers Must Train Employees on New GHS Safety Data Sheets and Labels by December 1, 2013
  EmployNews
  November 30, 2012
• Employer Pays $4.85 Million to Settle ADA Lawsuit Over Maximum Leave Policy
  EmployNews
  November 30, 2012
• IRS Extends Relief to Victims of Hurricane Sandy
  EmployNews
  November 30, 2012
• Minimum Wage Increases January 1, 2013 in Seven States
  EmployNews
  November 16, 2012
• "Stray Remark" Not Enough to Allow Age Bias Claim to Go to Jury
  EmployNews
  November 16, 2012
• Employee's Failure to Note Missed Breaks in Timekeeping System Defeats FLSA Claim
  EmployNews
  November 16, 2012
• Virginia Supreme Court Holds Supervisors Individually Liable for Discrimination Claims
  EmployNews
  November 16, 2012
• NLRB Counsel Releases Examples of Employment At-Will Policies That Comply With NLRA
  EmployNews
  November 9, 2012
• Mortgage Bankers Exempt From FLSA Overtime Requirements
  EmployNews
  November 9, 2012
• Election Likely to Continue Current Federal Labor Trends
  EmployNews
  November 9, 2012
• Parker Poe Joins American Council on Education in Amicus Brief
  November 7, 2012
• Second Circuit Says Title VII Mandates Injunction to Permanently Bar Sexual Harasser From Premises
  EmployNews
  November 2, 2012
• NLRB Says Employee Non-Solicitation Agreement Does Not Violate Federal Labor Law
  EmployNews
  November 2, 2012
• TRICARE Participation Does Not Subject Hospital to OFCCP Jurisdiction
  EmployNews
  November 2, 2012
• The National Labor Relations Board Weighs in on Social Media Policies and Facebook Firings
  Public Company Forum: Fall 2012
  November 1, 2012
• U.S. News Media Group Names Parker Poe Top-Tier Law Firm for 2013
  November 1, 2012
• FLSA Does Not Prohibit Change to Workweek Intended to Reduce Overtime Liability
  EmployNews
  October 26, 2012
• Deadline Approaches for First Quarterly Fee Disclosures for Participant-Directed Account Plans
  EmployNews
  October 26, 2012
• Correction
  EmployNews
  October 26, 2012
• North Carolina and South Carolina Do Not Mandate Time Away From Work for Voting
  EmployNews
  October 26, 2012
• NLRB Finds Off-Duty Access Restrictions Violate Federal Labor Law
  EmployNews
  October 19, 2012
• Tenth Circuit Says Discrimination Law Requires Accommodation to Allow Employee to Receive Medical Treatment
  EmployNews
  October 19, 2012
• Eleventh Circuit Rejects Sex Discrimination Claim by FedEx Driver Who Claimed Pterodactyl Hit Van
  EmployNews
  October 19, 2012
• IRS Announces 2013 Cost-of-Living Increases in Dollar Limits for Retirement Plans
  EmployNews
  October 19, 2012
• DOL Says No WARN Notice Required for Defense Contractors Fearful of Sequestration Layoffs
  EmployNews
  October 12, 2012
• Initial Supreme Court Docket Light on Employment Cases
  EmployNews
  October 12, 2012
• Section 409A Year-End Transition Relief Deadline
  EmployNews
  October 12, 2012
• NLRB Backs Employer in First Facebook Firing Case
  EmployNews
  October 5, 2012
• Third Circuit Affirms Prison Sentences for Managers Involved in Workplace Safety Violations
  EmployNews
  October 5, 2012
• Replacing Employee With Younger, Cheaper Alternative Not Age Discrimination
  EmployNews
  October 5, 2012
• Employee's Unexplained Rejection of Accommodation Attempts Dooms ADA Claim
  EmployNews
  September 28, 2012
• South Carolina Adjusts 2012 Unemployment Tax Rates
  EmployNews
  September 28, 2012
• NLRB Says Policy Prohibiting Disclosure of Personnel Information Violates Labor Law
  EmployNews
  September 28, 2012
• Applicant Alleging Transgendered Discrimination Did Not Show Employer Knew of Protected Status
  EmployNews
  September 28, 2012
• Does Employing a Single Outside Salesperson Make You an Employer Under that State's Law?
  EmployNews
  September 21, 2012
• Indefinite Relief From Essential Job Functions Not Required ADA Accommodation
  EmployNews
  September 21, 2012
• NLRB Voids Employer Policy Prohibiting Electronic Posting of Harmful Statements
  EmployNews
  September 21, 2012
• Four Parker Poe Attorneys Awarded Lawyer of the Year
  September 14, 2012
• New Guidance on Safe Harbor and Waiting Period Requirements under Health Care Reform
  EmployNews
  September 14, 2012
• North Carolina Bar Limits Employers' Counsel's Ability to Access Employee's Emails to Attorney on Company System
  EmployNews
  September 14, 2012
• Rotating Shift Deemed Essential Job Function
  EmployNews
  September 14, 2012
• South Carolina Supreme Court Upholds Confidentiality and Inventions Assignment Agreement
  EmployNews
  September 10, 2012
• IRS End Letter Forwarding Program for Retirement Plan Sponsors
  EmployNews
  September 10, 2012
• Second Circuit Rejects Broad OSHA Definition of Repeat Violations at Related Facilities
  EmployNews
  September 10, 2012
• Disabled Trainee Not Required to Show Final Job Qualifications to Maintain ADA Claim
  EmployNews
  August 24, 2012
• South Carolina Federal Court Finds Compilation of Public Information Protected as Trade Secret
  EmployNews
  August 24, 2012
• Casually Mentioning Parents' Health Condition is Not FMLA Leave Request
  EmployNews
  August 24, 2012
• 74 Parker Poe Attorneys Recognized as Best Lawyers® for 2013
  August 23, 2012
• Employer Cannot Delay Reinstatement of National Guard Member
  EmployNews
  August 17, 2012
• Burden on Co-Workers Not Enough to Deny Religious Accommodation Request
  EmployNews
  August 17, 2012
• Employer Not Required to Accommodate Employee With Disabled Child
  EmployNews
  August 17, 2012
• NLRB Bars Witness Confidentiality Obligation During Ongoing Investigations
  EmployNews
  August 10, 2012
• NLRB Says Inclusion of Employment At-Will Language in Handbook Acknowledgement is Unfair Labor Practice
  EmployNews
  August 10, 2012
• Importance of Timely Notifying Employees of Qualification for COBRA Coverage
  EmployNews
  August 10, 2012
• North Carolina Appellate Court Refuses to Apply Limited Arbitration Clause to Tort Claims Related to Termination
  EmployNews
  August 3, 2012
• Fourth Circuit Says CFAA Does Not Allow Employer to Sue Former Employee for Downloading Confidential Information
  EmployNews
  August 3, 2012
• Supreme Court Agrees to Hear Case on Strategic Pick-Off of Named Plaintiff in FLSA Collective Action Claim
  EmployNews
  July 27, 2012
• Religious Organizations Providing Social Services Subject to Rehabilitation Act Provisions
  EmployNews
  July 27, 2012
• Fourth Circuit Says Employee May Receive Insurance Proceeds Based on Employer's Misrepresentations Regarding Coverage
  EmployNews
  July 27, 2012
• Economic Downturn Resulted in Unforeseeable Economic Circumstances Excusing WARN Notice
  EmployNews
  July 20, 2012
• Move From Four-Day to Five-Day Workweek Not Retaliatory
  July 20, 2012
• North Carolina Restaurants Should Prepare for New Employee Food Safety Rules
  EmployNews
  July 20, 2012
• Refusal to Give Light Duty Job Unless EEOC Charge Dropped Was Retaliation
  EmployNews
  July 13, 2012
• Seventh Circuit Affirms ADA Verdict Based on Seasonal Affective Disorder
  EmployNews
  July 13, 2012
• Missing Work to Pick Up Prescription Refill Not FMLA-Protected Absence
  EmployNews
  July 13, 2012
• Enforcing Salary Ranges Not Age Discrimination
  EmployNews
  July 6, 2012
• Fourth Circuit Says EEOC Charge Does Not Need to Specify Requested Accommodation Under ADA
  EmployNews
  July 6, 2012
• Employee Experiencing Repeated Heart Problems at Work Presented Direct Threat Under ADA
  EmployNews
  July 6, 2012
• New Transportation Bill Contains DOT Driver Safety Measures
  EmployNews
  July 6, 2012
• You Are Invited to a Free Webinar
  EmployNews
  June 29, 2012
• Supreme Court Decision Means Employers Must Continue to Prepare for Big Changes in Health Care
  EmployNews
  June 29, 2012
• Supreme Court Throws Out Arizona Illegal Immigrant Employment Provisions
  EmployNews
  June 29, 2012
• Supreme Court Agrees to Decide Definition of Supervisor Under Title VII
  EmployNews
  June 29, 2012
• North Carolina REDA Claim Can Be Based on Threat of Workers' Comp Filing
  EmployNews
  June 29, 2012
• Supreme Court Says Pharmaceutical Reps Qualify as Outside Salespersons Under FLSA
  EmployNews
  June 22, 2012
• South Carolina Reforms Unemployment Benefits
  EmployNews
  June 22, 2012
• Participant Fee Disclosure Deadlines Approach - Are You Ready?
  EmployNews
  June 20, 2012
• EEOC Says Confederate Flag T-Shirt May Have Created Hostile Work Environment
  EmployNews
  June 15, 2012
• Marriage to Illegal Immigrant Not Protected Status Under Title VII
  EmployNews
  June 15, 2012
• NLRB Counsel Explains Recent Social Media Policy Decisions
  EmployNews
  June 15, 2012
• Chambers USA 2012 Ranks Parker Poe as Leading Law Firm
  June 7, 2012
• IRS Proposes Regulations on Fees Under the Affordable Care Act
  EmployNews
  June 1, 2012
• Third Circuit Upholds Termination of Employee Who Went to Cancun While on FMLA Leave
  EmployNews
  June 1, 2012
• Employer Wins Sexual Harassment Claim Using "Equal Opportunity SOB" Defense
  EmployNews
  June 1, 2012
• Two DOL Advisory Opinions Limit Use of "Open MEPs"
  EmployNews
  June 1, 2012
• ADA Does Not Protect Use of Medical Marijuana
  EmployNews
  May 25, 2012
• Second Circuit Says Human Resource Manager Cannot Claim Retaliation for Termination Following Internal Sexual Harassment Investigation
  EmployNews
  May 25, 2012
• Sixth Circuit Says ADA Does Not Require Commuting Accommodations
  EmployNews
  May 25, 2012
• Parker Poe Teams With Federal Agency to Present Compliance Training
  EmployNews
  May 25, 2012
• Federal Court Invalidates NLRB Quick Election Rules
  EmployNews
  May 18, 2012
• Fourth Circuit Won't Reinstate Union Suit Against Gov. Haley
  EmployNews
  May 18, 2012
• Sixth Circuit Approves Termination of Employee for FMLA Fraud Based on Employer's "Honest Belief"
  EmpolyNews
  May 18, 2012
• SC Bar Publication Features Article Written by Charleston Attorneys
  When the Troops Come Marching Home to Work, Will You Be Ready?
  May 15, 2012
• NLRB Election Rule Takes Effect But Decision on Appeal Due Next Week
  EmployNews
  May 11, 2012
• ANSI Issues Safety Standard for Commercial Motor Vehicle Drivers
  EmployNews
  May 11, 2012
• EEOC Criminal Background Check Guidelines Require Employers to Take Current Work Performance Into Account
  EmployNews
  May 11, 2012
• FMLA Does Not Prevent Employer From Disciplining Employee for Failure to Use Call-In Procedures
  EmployNews
  May 4, 2012
• Ninth Circuit Holds Attendance is Essential Function Under ADA
  EmployNews
  May 4, 2012
• Fourth Circuit Says EEOC Bound By Conflict Between Employee's ADA Claim and SSDI Benefits Application
  EmployNews
  May 4, 2012
• Employers May Have Disclosure Obligations Under Recent DOL Regulations
  EmployNews
  May 2, 2012
• EEOC Affirms Criminal Background Check Policy
  EmployNews
  April 27, 2012
• EEOC Says Title VII Prohibits Discrimination Against Transgendered Persons
  EmployNews
  April 27, 2012
• North Carolina Court of Appeals Says Anti-Retaliation Law Protects Threatened Workers' Comp Claim
  EmployNews
  April 27, 2012
• Federal Courts Block NLRB Posting Requirement
  EmployNews
  April 20, 2012
• California Employers Do Not Need to Guarantee No Work Meal Breaks
  EmployNews
  April 20, 2012
• Termination Due to Failure to Report Co-Worker's Sexual Dalliance Not Sex Stereotyping Under Title VII
  EmployNews
  April 20, 2012
• Sarah Ford Named to Triangle Business Journal's 40 Under 40
  April 19, 2012
• Ninth Circuit Says CFAA Does Not Apply to Employee Misappropriation of Confidential Business Information
  EmployNews
  April 13, 2012
• Alleged Interference With Green Card Process Not National Origin Discrimination
  EmployNews
  April 13, 2012
• Employee Warned About Absenteeism Prior to FMLA Leave Cannot Prove Discrimination
  EmployNews
  April 13, 2012
• OSHA Scrutinizing Employer Safety Incentive and Disciplinary Programs
  EmployNews
  April 6, 2012
• Eleventh Circuit Says Title VII's Anti-Retaliation Procedures Do Not Protect Internal Investigators
  EmployNews
  April 6, 2012
• EEOC Issues Final Rule on Employer Defenses to Disparate Impace Age Discrimination Claims
  EmployNews
  April 6, 2012
• North Carolina Lawmakers Start Work on Unemployment Fraud Prevention
  EmployNews
  April 6, 2012
• Equal Pay Act Requires That Starting Salary Differences Eventually Disappear if Performance is Equivalent
  EmployNews
  March 30, 2012
• Internal FLSA Complaints Protected Against Retaliation
  EmployNews
  March 30, 2012
• Supreme Court Says FMLA Self-Care Provisions Do Not Apply to State Government Employees
  EmployNews
  March 30, 2012
• Parker Poe Attorneys Named SC Super Lawyers for 2012
  March 28, 2012
• North Carolina Court Says Employee Claiming Retaliatory Firing Must Do More Than Complain to Supervisors
  EmployNews
  March 23, 2012
• Fourth Circuit Says Failure to Offer Same Severance Package as Male Employees Was Sex Discrimination Under Title VII
  EmployNews
  March 23, 2012
• Fourth Circuit Says Severance Offer After Sexual Harassment Complaint Results in Employer Liability for Supervisor's Behavior
  EmployNews
  March 23, 2012
• Federal Courts Split on Automatic Assignment of Disabled Employee to Alternative Position
  EmployNews
  March 16, 2012
• Family Consultations on Care Choices for Ill Parent Qualify as FMLA Leave
  EmployNews
  March 16, 2012
• Allowing Employee to Seek Voluntary Shift Swaps is Adequate Accommodation of Religious Beliefs
  EmployNews
  March 16, 2012
• Federal Court Upholds NLRB Poster Rule But Discards Penalties
  EmployNews
  March 9, 2012
• Supervisor Unable to Return to Work After FMLA Leave Was Not Qualified Employee Under ADA
  EmployNews
  March 9, 2012
• Termination Two Months After Return From FMLA Leave Not Retaliatory
  EmployNews
  March 9, 2012
• H-1B Cap Alert
  EmployNews
  March 2, 2012
• IRS Publishes Interim Results of 401(k) Compliance Questionnaire
  EmployNews
  March 2, 2012
• No Harassment in Overall Tough Work Environment
  EmployNews
  March 2, 2012
• Employee Could Not Prove Non-Fraternization Policy Resulted in Race Discrimination
  EmployNews
  March 2, 2012
• SOX Whistleblower Protections Do Not Cover Contractors' Suits Against Their Private Employers
  EmployNews
  February 24, 2012
• H-1B Cap Alert
  Immigration News
  February 24, 2012
• Termination Five Years After Discrimination Claim Deemed Retaliatory
  EmployNews
  February 17, 2012
• IRS Guidance Encourages Use of Annuities in Retirement Plans
  EmployNews
  February 17, 2012
• Statistical Evidence Enough to Show Age Bias in Reduction in Force
  EmployNews
  February 17, 2012
• DOL Extends Deadline for Compliance with Service Provider and Participant Fee Disclosure Regulations
  EmployNews
  February 10, 2012
• DOL Issues Proposed Rules on Military FMLA Entitlement
  EmployNews
  February 10, 2012
• Fourth Circuit Says Internal Complaints Protected Under FLSA Anti-Retaliation Provisions
  EmployNews
  February 10, 2012
• South Carolina Pushes Anti-Union Legislation
  EmployNews
  February 10, 2012
• Watching Blazing Saddles at Work Not Racial Harassment
  EmployNews
  February 3, 2012
• Court Says Employer Must Tell Employees in Writing of Changes to FMLA Policy
  EmployNews
  February 3, 2012
• Plaintiffs Do Not Have to Prove Harasser's Homosexuality to Prevail in Same Sex Harassment Claim
  EmployNews
  February 3, 2012
• EEOC Receives Record Number of Charges in FY 2011
  EmployNews
  January 27, 2012
• Pepsi Settles Race Discrimination Claims Based on Criminal Background Checks for $3 Million
  EmployNews
  January 27, 2012
• North Carolina Allows Use of Payroll Debit Cards With Certain Conditions
  EmployNews
  January 27, 2012
• Supreme Court Recognizes Ministerial Exception to Employment Discrimination and Retaliation Laws
  EmployNews
  January 20, 2012
• Written Harassment Policy and Posters Not Enough to Avoid Liability for Supervisor Sexual Harassment
  EmployNews
  January 20, 2012
• Employee Not Yet Eligible for FMLA Leave Still Protected From Interference and Retaliation
  EmployNews
  January 20, 2012
• NLRB Says Ban on Class Action Arbitrations Violates Federal Labor Law
  EmployNews
  January 13, 2012
• President Obama Makes Recess Appointments to NLRB
  EmployNews
  January 13, 2012
• Tenth Circuit Says ADAAA Work Impairments Must Bar Employee From Class of Jobs
  EmployNews
  January 13, 2012
• Business North Carolina Names 16 Attorneys to 2012 Legal Elite
  January 9, 2012
• NLRB Adopts Final Rules to Expedite Union Elections
  EmployNews
  January 6, 2012
• DOT Retains Eleven Hour Limit for Commercial Motor Vehicle Drivers
  EmployNews
  January 6, 2012
• NLRB Delays Date for New Union Rights Poster
  EmployNews
  January 6, 2012
• IRS Updates Guidance Regarding Form W-2 Reporting of Group Health Insurance Cost
  EmployNews
  January 6, 2012
• DOL Proposes Extension of Minimum Wage and Overtime Requirements to Most Home Care Workers
  EmployNews
  December 30, 2011
• Federal Appellate Court Upholds OSHA's Multiemployer Workplace Policy
  EmployNews
  December 30, 2011
• DOL Provides Advice on Handling Medical Loss Ratio Rebates
  EmployNews
  December 30, 2011
• Apparent Tampering With Videotape Leads to Crippling of Employer's Defense to Discrimination Claim
  EmployNews
  December 30, 2011
• OFCCP Proposes Hiring Goal for Disabled Workers
  EmployNews
  December 16, 2011
• EEOC Says High School Diploma Requirement May Violate ADA
  EmployNews
  December 16, 2011
• Section 1983 Prohibits Discrimination Against Transgendered Public Employee
  EmployNews
  December 16, 2011
• DOL Announces Wage and Hour Enforcement Initiative Targeting North Carolina Residential Care Employers
  EmployNews
  December 16, 2011
• DOT Issues Final Cell Phone Use Ban for Commercial Drivers
  EmployNews
  December 9, 2011
• Supreme Court to Determine FLSA Exempt Status of Pharmaceutical Reps
  EmployNews
  December 9, 2011
• OSHA's 2011 Top Ten Rules Violations Unchanged From 2010
  EmployNews
  December 9, 2011
• Post-Employment Comments Not Evidence of Harassment
  EmployNews
  December 9, 2011
• USERRA Amendment Confirms Employer Liability for Hostile Environment Harassment Due to Military Service
  EmployNews
  December 2, 2011
• IRS Says Interest Rate of "Prime Plus 2%" is Reasonable Rate for Participant Loans
  EmployNews
  December 2, 2011
• Non-Competes Must Be Tied to Actual Competitive Threat
  EmployNews
  December 2, 2011
• Misconduct Investigation and Shift Change Not Materially Adverse Actions Supporting Title VII Retaliation Claim
  EmployNews
  December 2, 2011
• Supreme Court Agrees to Review Health Care Reform Act
  EmployNews
  November 18, 2011
• DOL Amends SOX Procedures Based on Dodd-Frank Legislation
  EmployNews
  November 18, 2011
• EEOC Says ADEA Exemption for Coordination With Medicare Does Not Apply to Current Employees
  EmployNews
  November 18, 2011
• Should Employers Check Applicants' Facebook Pages?
  EmployNews
  November 11, 2011
• Fourth Circuit Allows Bad Hair Day to Turn Into Unfair Labor Practice
  EmployNews
  November 11, 2011
• SHRM Issues Workplace Violence Prevention Standard
  EmployNews
  November 11, 2011
• President Signs Bill Extending Health Coverage Tax Credit Through the End of 2013
  EmployNews
  November 4, 2011
• Company Using Temp Agency Worker Liable For Unpaid Overtime Under Title VII
  EmployNews
  November 4, 2011
• DOL Says Workplace Injuries Declined in 2010 for Eighth Straight Year
  EmployNews
  November 4, 2011
• DOL Upholds Employee's Unauthorized Taking of Confidential Business Information Under SOX
  EmployNews
  November 4, 2011
• U.S. News & World Report Names Parker Poe Top-Tier Law Firm for 2012
  Firm Ranked #1 in 33 Legal Areas
  November 1, 2011
• Fifth Circuit Finds Investment Manager Liable for NLRA Violations
  EmployNews
  October 28, 2011
• DOL Finalizes Regulations on Investment Advice to Plan Participants
  EmployNews
  October 28, 2011
• Governor Perdue Suspends Portions of NC Unemployment Tax Reforms
  EmployNews
  October 28, 2011
• General Counsel's Disclosure of Complaining Employee's Identity Was Adverse Employment Action Under SOX
  EmployNews
  October 21, 2011
• IRS and Social Security Administration Announce 2012 Cost-of-Living Adjustments for Retirement Plans
  EmployNews
  October 21, 2011
• Terminated Employee Can Proceed With Retaliation Suit Despite Dismissal of Underlying Harassment Claim
  EmployNews
  October 21, 2011
• EEOC Says Shy Bladder Syndrome Likely Is An ADA Disability
  EmployNews
  October 21, 2011
• NLRB Delays Date for Union Rights Poster
  EmployNews
  October 14, 2011
• No Stop-Loss Coverage Where Employer Failed to Provide COBRA Notice Following Qualifying Event
  EmployNews
  October 14, 2011
• Federal Administrative Judge Upholds Termination Based on Facebook Postings
  EmployNews
  October 14, 2011
• OFCCP Seeks Final Comments on Audit Scheduling Changes
  EmployNews
  October 7, 2011
• Temporary, Indefinite Employment Following Layoff Notice Does Not Toll Filing Period for Discrimination Claims
  EmployNews
  October 7, 2011
• Supreme Court Agenda Light on Employment Cases
  EmployNews
  October 7, 2011
• IRS Pairs Tax Forgiveness Offer With New Initiative to Identify Employees Misclassified as Contractors
  EmployNews
  September 30, 2011
• USERRA Requires Employer to Reinstate Commission Only Employee With Salary Covering Prior Income
  EmployNews
  September 30, 2011
• Discouraging Employee's Use of Leave Time is Not FMLA Retaliation or Interference
  EmployNews
  September 30, 2011
• Alleged Exacerbation of Medical Condition Not Actionable Under FMLA
  EmployNews
  September 23, 2011
• OSHA Issues Enforcement Directive on Workplace Violence
  EmployNews
  September 23, 2011
• Fourth Circuit Expands Title VII's Religious Organization Exemption to Include Religious Harassment and Retaliation Claims
  EmployNews
  September 22, 2011
• Federal ALJ Says Firing Based on Facebook Comments Violates Labor Laws
  EmployNews
  September 16, 2011
• Termination for Accessing Gun Websites at Work Not ADA Discrimination
  EmployNews
  September 16, 2011
• NLRB Requires Successor Employers to Recognize Current Union
  EmployNews
  September 16, 2011
• Seventh Circuit Classifies Pregnancy Complications as ADA Disability
  EmployNews
  September 9, 2011
• Federal Court Nixes DOT Electronic Monitoring Rules for Truck Drivers
  EmployNews
  September 9, 2011
• Second Circuit Says ADA May Require Employer to Assist Disabled Employee with Daily Commute
  EmployNews
  September 9, 2011
• New NLRB Posting Required as of November 14
  EmployNews
  September 2, 2011
• Federal Agencies Release Proposed Rules for 2012 Health Plan Summary of Benefits and Coverage
  EmployNews
  September 2, 2011
• Sixth Circuit Rejects Title VII Gender Conformity Lawsuit Brought by Gay Employee
  EmployNews
  September 2, 2011
• South Carolina RN Who Allegedly Refused to Abandon Patient Has Wrongful Discharge Claim
  EmployNews
  September 2, 2011
• Fourth Circuit Concludes that Supervisor's Alleged Conduct Was Sexual Harassment Despite Positive Performance Review
  EmployNews
  August 26, 2011
• DHHS and Treasury Roll Out Proposed Health Insurance Exchange Rules
  EmployNews
  August 26, 2011
• Employee in Different State Did Not Provide Companion Services Under FMLA
  EmployNews
  August 26, 2011
• Fourth Circuit Says FLSA's Anti-Retaliation Provisions Do Not Apply to Applicants
  EmployNews
  August 19, 2011
• EEOC Sues North Carolina Taco Bell Franchise for Terminating Employee Who Refused to Cut Hair
  EmployNews
  August 19, 2011
• Employee Allegedly Terminated For "Playing the Race Card" Has Actionable Retaliation Claim
  EmployNews
  August 19, 2011
• Reporting Co-Workers' Alleged Affair Not Protected Activity Under Title VII
  EmployNews
  August 12, 2011
• Performance Improvement Plan Not Adverse Employment Action Under Discrimination Laws
  EmployNews
  August 12, 2011
• Disciplinary Warning Issued After Lawsuit Service Constitutes Retaliation Under Title VII
  EmployNews
  August 12, 2011
• EEOC Says GINA Prohibits Wellness Programs From Offering Incentives to Provide Family Medical History
  EmployNews
  August 5, 2011
• OSHA Announces Initiative to Overhaul Whistleblower Protection Program
  EmployNews
  August 5, 2011
• Occasional Racially-Motivated Incidents Over Long Period of Time Do Not Create Hostile Environment
  EmployNews
  August 5, 2011
• Misleading Communications During Duke Lacrosse Case Deemed Just Cause For Termination of Lab Director
  EmployNews
  August 5, 2011
• Lender Held Liable For WARN Notice
  EmployNews
  July 29, 2011
• North Carolina Court of Appeals Defines Competitive Activities for Purposes of Post-Employment Agreement
  EmployNews
  July 29, 2011
• South Carolina Court of Appeals Invalidates Arbitration Clause in Employment Application
  EmployNews
  July 29, 2011
• No Personal Contact Request Not Reasonable Accommodation
  EmployNews
  July 22, 2011
• Employer Not Required to Accommodate Employee With Disabled Spouse
  EmployNews
  July 22, 2011
• Small Subsidiary's Federal Contract Subjects Entire Company to OFCCP Jurisdiction and Audit
  EmployNews
  July 22, 2011
• Fifth Circuit Says De Minimus Time Spent on Electronic Communications at Home Not Compensable Working Time
  EmployNews
  July 15, 2011
• Fourth Circuit Says No Retroactive Application of ADAAA
  EmployNews
  July 15, 2011
• California Supreme Court Requires Overtime Pay for Certain Out-of-State Workers
  EmployNews
  July 15, 2011
• North Carolina Federal Court Rejects Self-Defamation Claim
  EmployNews
  July 15, 2011
• IRS Improves Ability to Select Noncompliant Retirement Plans for Examination
  EmployNews
  July 8, 2011
• Reference to Monkeys in Manager's Book Not Evidence of Racially Offensive Environment
  EmployNews
  July 8, 2011
• Pennsylvania Court Affirms $187 Million Verdict Against Wal-Mart for Unpaid Rest Breaks
  EmployNews
  July 8, 2011
• North Carolina and South Carolina Immigration Alert: E-Verify Mandatory for Certain Employers
  EmployNews
  July 1, 2011
• OSHA Proposes Reducing Reporting Requirement To One Hospitalized Employee and Expanding Form 300 Requirements to New Industries
  EmployNews
  July 1, 2011
• NLRB Approves Rules Accelerating Decisions on Challenges to Union Election Issues
  EmployNews
  July 1, 2011
• Your Quick Reference Guide to the Regulations Implementing the ADA Amendments Act of 2008
  June 28, 2011
• Supreme Court Decertifies Giant Wal-Mart Class Action Discrimination Case
  EmployNews
  June 24, 2011
• SEC Whistleblower Rules Take Effect August 12
  EmployNews
  June 24, 2011
• Temporal Proximity Alone Does Not Prove FMLA Retaliation Claim
  EmployNews
  June 24, 2011
• Fourth Circuit Finds That Pinup Pictures and Demeaning Discussion of Women Created Hostile Working Environment
  EmployNews
  June 17, 2011
• North Carolina Court of Appeals Refuses to Apply Employee Non-Solicitation Agreement Where Hiring is Only Evidence of Inducement
  EmployNews
  June 17, 2011
• Providing Smart Phone to Non-Exempt Employees Can Result in Unpaid Wage Claims
  EmployNews
  June 17, 2011
• North Carolina Overhauls Workers' Compensation Laws
  EmployNews
  June 10, 2011
• Fourth Circuit Says Disciplinary Action Against Co-Workers Within Same Range Dooms Disparate Impact Claim
  EmployNews
  June 10, 2011
• Bridge Worker With Fear of Heights Deemed Eligible for ADA Accommodations
  EmployNews
  June 10, 2011
• Supreme Court Upholds Employment Portions of Arizona Immigration Law
  EmployNews
  June 3, 2011
• Ninth Circuit Affirms Federal Criminal Conviction of Employee Who Downloaded Information to Start Competing Business
  EmployNews
  June 3, 2011
• Son of Employee Who Filed Charge Within Zone of Protected Persons Under Thompson Decision
  EmployNews
  June 3, 2011
• Supreme Court Declines Review of Fourth Circuit ADA Transfer Case
  EmployNews
  May 27, 2011
• Employee Not Entitled to Pay for Commuting Time Due to Post-Commute Work at Home
  EmployNews
  May 27, 2011
• SOX Does Not Protect Employee Leaks to the Media
  EmployNews
  May 27, 2011
• Supreme Court Says Erroneous SPD Terms Do Not Control Plan Interpretation, But Provides Avenue For Equitable Relief
  EmployNews
  May 20, 2011
• Fourth Circuit Says Mere Passage of Time Will Not Defeat Retaliation Claim
  EmployNews
  May 20, 2011
• IRS Announces 403(b) Compliance Project and HSA Limits for 2012
  EmployNews
  May 20, 2011
• Fourth Circuit Says Employer Not Absolutely Liable for Workplace Harassment
  EmployNews
  May 13, 2011
• DOT Proposes Cell Phone Ban for Commercial Motor Vehicle Drivers Carrying Hazmats
  EmployNews
  May 13, 2011
• Employee Just Discharged From Rehab Excluded From ADA Protection Due to Current Drug Use
  EmployNews
  May 13, 2011
• NLRB Sues Arizona Over "Anti-EFCA" Law
  EmployNews
  May 13, 2011
• OFCCP Issues New Rules for Affirmative Action for Veterans
  EmployNews
  May 6, 2011
• Supreme Court Upholds Bar on Class Action Arbitrations
  EmployNews
  May 6, 2011
• Religious Accommodation Does Not Require Modification of Zero Tolerance Policy on Harassment of Gay Employee
  EmployNews
  May 6, 2011
• Accused Sexual Harasser Not Protected Under Title VII For Reverse Discrimination
  EmployNews
  April 29, 2011
• North Carolina Employer Liable For Mistaken Benefits Information Provided To Employee
  EmployNews
  April 29, 2011
• NC Federal Trial Court Decision Shows Low Burden For Claiming Disabled Status Under ADAAA
  EmployNews
  April 29, 2011
• Ninth Circuit Blocks Employment Portions of Arizona Immigration Law
  EmployNews
  April 22, 2011
• Fourth Circuit Says Employment Decision Based on Conservative Political Views Not Religious Discrimination
  EmployNews
  April 22, 2011
• NLRB Accuses Boeing of Retaliating Against Union by Opening SC Facility
  EmployNews
  April 22, 2011
• DOL Adopts Clean-Up FLSA Rule Changes
  EmployNews
  April 15, 2011
• OSHRC Upholds Citation in Wal-Mart Trampling Death
  EmployNews
  April 15, 2011
• EEOC Wins $451,000 Verdict Based on Gender Stereotyping
  EmployNews
  April 15, 2011
• Fourth Circuit Upholds Private Settlement of FMLA Claims
  EmployNews
  April 8, 2011
• IRS Provides Interim Guidance on W-2 Reporting of Cost of Group Health Insurance Coverage
  EmployNews
  April 8, 2011
• Seventh Circuit Says Ledbetter Act Applies to § 1983 Claims
  EmployNews
  April 8, 2011
• NLRB Allows Employees to Wear "Inmate" Shirts on Customer Service Calls
  EmployNews
  April 8, 2011
• EEOC Issues Final ADAAA Rules
  EmployNews
  April 1, 2011
• Fifth Circuit Says No Claim for Harassment Under USERRA
  EmployNews
  April 1, 2011
• Service Animal Provisions of New ADA Title III Rules May Apply to Title I Employee Accommodation Duties
  EmployNews
  April 1, 2011
• Parker Poe Attorneys Named SC Super Lawyers for 2011
  March 30, 2011
• Supreme Court Says Oral Complaint Triggers FLSA's Anti-Retaliation Protections
  EmployNews
  March 25, 2011
• EEOC Settles Raleigh Santa Hat Religious Discrimination Claim
  EmployNews
  March 25, 2011
• OSHA Reverses Course on Addition of Ergonomic Injury Category to Form 300
  EmployNews
  March 25, 2011
• Fourth Circuit Deems School Security Officer Who Coached Teams as FLSA Volunteer
  EmployNews
  March 18, 2011
• North Carolina General Assembly Considers "Bring Your Gun to Work" Bill
  EmployNews
  March 18, 2011
• Should Employers Investigate Anonymous Complaints Regarding Employees?
  EmployNews
  March 18, 2011
• Fourth Circuit Says Employer Liable for Sexual Harassment of Employee by Customer's Employees
  EmployNews
  March 11, 2011
• New ADA Title III Rules Take Effect March 15
  EmployNews
  March 11, 2011
• IRS Announces Replacement of Schedule SSA with Form 8955-SSA
  EmployNews
  March 11, 2011
• "One Strike" Applicant Drug Testing Policy Does Not Violate ADA
  EmployNews
  March 11, 2011
• Supreme Court Recognizes "Catspaw" Theory for Employment Discrimination Claims
  EmployNews
  March 4, 2011
• OSHA Issues Enforcement Guidance on Personal Protective Equipment
  EmployNews
  March 4, 2011
• Ninth Circuit Says Pharmaceutical Reps Exempt From FLSA Overtime Requirements
  EmployNews
  March 4, 2011
• Can the EEOC Sue Employers For Refusing to Consider Hiring the Unemployed?
  EmployNews
  February 25, 2011
• IRS Clarifies 403(b) Plan Termination Provisions
  EmployNews
  February 25, 2011
• Fourth Circuit Denies Industry Challenge to OSHA Enforcement Directive
  EmployNews
  February 25, 2011
• Parker Poe Names New Chief Talent Officer
  February 24, 2011
• IRS Concludes Lactation Supplies Qualify as Medical Expenses
  EmployNews
  February 18, 2011
• Vacation Policy Should Clearly Establish Rules for Payouts, Forfeitures
  EmployNews
  February 18, 2011
• NLRB Prohibits Pre-Emptive Strike Against Concerted Activity
  EmployNews
  February 18, 2011
• NLRB Settles Facebook Case
  EmployNews
  February 11, 2011
• Obama Again Appoints Becker to NLRB
  EmployNews
  February 11, 2011
• EEOC Sues South Carolina Employer and Temp Agency for Requiring Employee to Produce U.S. Birth Certificate
  EmployNews
  February 11, 2011
• Spiritual Healing Trip Not Protected Under FMLA
  EmployNews
  February 4, 2011
• Ninth Circuit Says Employees Who Quit Due to Business Closing Are Included in WARN Job Loss Calculations
  EmployNews
  February 4, 2011
• Employee's Statement That He Might Need FMLA Leave Insufficient to Place Employer on Notice
  EmployNews
  February 4, 2011
• Supreme Court Allows Title VII Retaliation Suit by Fiancée of Employee Who Filed EEOC Charge
  EmployNews
  January 28, 2011
• Supreme Court Says Public Employers May Conduct Background Checks on Applicants
  EmployNews
  January 28, 2011
• Fourth Circuit Upholds Use of Fluctuating Workweek Method for Calculating Unpaid Overtime Claims
  EmployNews
  January 28, 2011
• Thirty-Seven Parker Poe Attorneys Named NC Super Lawyers for 2011
  January 25, 2011
• OSHA Withdraws Proposed Interpretation on Occupational Noise
  EmployNews
  January 21, 2011
• OFCCP Proposes Withdrawal of Systemic Pay Discrimination Standards
  EmployNews
  January 21, 2011
• Employees Accepting Voluntary Separation Packages Not Included in WARN Act Job Loss Calculations
  EmployNews
  January 21, 2011
• Parker Poe Names Three New Partners in Charlotte and Charleston Offices
  January 20, 2011
• North Carolina Tightens Rules on Employee Non-Solicitation Agreements
  EmployNews
  January 14, 2011
• EEOC Approves ADAAA Rules, Sends to OMB for Approval
  EmployNews
  January 14, 2011
• Fourth Circuit Again Finds Sexual Harassment Created by General Workplace Behavior
  EmployNews
  January 14, 2011
• NLRB Proposes Mandatory Labor Rights Poster
  EmployNews
  January 7, 2011
• Companies Have Reporting Obligations for 2010 Incentive Stock Option Exercises and Stock Transfers Under Employee Stock Purchase Plans
  EmployNews
  January 7, 2011
• Severance Benefits Do Not Offset FLSA Overtime Liability
  EmployNews
  January 7, 2011
• IRS Expands Group Trusts to Include Certain Tax-Sheltered Annuities
  EmployNews
  December 31, 2010
• Bankruptcy Code Does Not Include Failure to Hire Cause of Action
  EmployNews
  December 31, 2010
• DOJ Ends Lucasfilm's No Cold Call Agreement With Pixar: May the Market Force Be With You
  EmployNews
  December 31, 2010
• Fully Insured Group Health Plan Compliance with Nondiscrimination Rules Delayed
  EmployNews
  December 31, 2010
• Supreme Court Agrees to Hear Challenge to Giant Wal-Mart Class Action Certification
  EmployNews
  December 17, 2010
• Virginia Judge Finds Individual Mandated Health Coverage Unconstitutional
  EmployNews
  December 17, 2010
• OSHA Extends Comment Period for Hearing Conservation Changes
  EmployNews
  December 17, 2010
• OSHA Reports Significant Decrease in Workplace Injuries
  EmployNews
  December 17, 2010
• IRS Provides Forms and Additional Guidance on Small Employer Healthcare Tax Credit
  EmployNews
  December 10, 2010
• FLSA Tip Pooling Cases on the Rise
  EmployNews
  December 10, 2010
• EEOC Announces Record Number of Discrimination Charges Filed in FY 2010
  EmployNews
  December 10, 2010
• Underage Employee's Death After Removal of Machine Guard Does Not Escape Workers' Compensation Preemption
  EmployNews
  December 3, 2010
• DEA Ban on Synthetic Marijuana May Prompt Changes to Workplace Policies
  EmployNews
  December 3, 2010
• DOL Releases Proposed Rule Requiring Defined Benefit Plans to Provide Annual Funding Notice
  EmployNews
  December 3, 2010
• DOL Publishes Proposed Rule Strengthening Disclosures to Participants and Beneficiaries in Participant-Directed Individual Account Plans
  EmployNews
  December 3, 2010
• Final GINA Rules Will Affect Employers' Requests for Employee Medical Information
  EmployNews
  November 19, 2010
• Employer-Sponsored Wellness Programs Impacted by Final GINA Regulations
  EmployNews
  November 19, 2010
• New North Carolina Rules Modification and Improvement Program Allows Public Input on Changes or Removal of Bad Regulations
  EmployNews
  November 19, 2010
• NLRB Says Termination of Employee For Critical Facebook Posting Violates Federal Labor Law
  EmployNews
  November 12, 2010
• Sixth Circuit Refuses to Hear Case Challenging Employer's No Prescription Drug Use Policy
  EmployNews
  November 12, 2010
• OSHA Issues Fact Sheet for Retailers on Crowd Control
  EmployNews
  November 12, 2010
• Parker Poe Ranked in Top Charlotte Companies with Best 401K Plans
  November 10, 2010
• EEOC Holds Hearings on Use of Credit Checks in Hiring Process
  EmployNews
  November 5, 2010
• Fourth Circuit Says Employer Not Required to Hold Position Vacant Under ADA
  EmployNews
  November 5, 2010
• Bankruptcy Appellate Panel Rules Chapter 13 Debtors May Not Begin 401(k) Contributions Following 401(k) Loan Repayment
  EmployNews
  November 5, 2010
• Georgia Passes Ballot Initiative Loosening Rules on Non-Competes
  EmployNews
  November 5, 2010
• IRS Announces 2011 Limits for Retirement Plans
  EmployNews
  October 29, 2010
• OSHA Focuses on Injury Reporting, Distracted Driving and Noise Exposure
  EmployNews
  October 29, 2010
• Invasion of Personal Space Deemed Possible Sexual Harassment
  EmployNews
  October 29, 2010
• Shifting Justification for Termination Creates Jury Question Over Alleged Discrimination
  EmployNews
  October 22, 2010
• Is 40 Old?
  EmployNews
  October 22, 2010
• IRS Delays Mandatory Implementation of W-2 Reporting Requirement for Cost of Employer-Sponsored Health Coverage
  EmployNews
  October 15, 2010
• Fifth Circuit Refuses to Apply Ledbetter Act to Failure to Promote Claim
  EmployNews
  October 15, 2010
• Workplace Fatalities Drop in 2009
  EmployNews
  October 15, 2010
• Could Feds Take Over NC and SC OSHA Enforcement Programs?
  EmployNews
  October 8, 2010
• DOL Releases Spanish-Language Versions of Health Care Reform Notices
  EmployNews
  October 8, 2010
• Purchaser of Leaseholds Not Successor Employer Under FMLA
  EmployNews
  October 8, 2010
• Senator Reid Intends to Bring Paycheck Fairness Act for Vote
  EmployNews
  October 1, 2010
• Employee Benefits Affected by Small Business Jobs Act of 2010
  EmployNews
  October 1, 2010
• Disqualification Based on Theft Convictions Deemed Permissible Hiring Standard
  EmployNews
  October 1, 2010
• EEOC Files First Lawsuits Under ADAAA
  EmployNews
  September 24, 2010
• Switching PTO Policies? Make Certain Employees Do Not Lose Accrued Benefits
  EmployNews
  September 24, 2010
• Third Circuit Invalidates City Ordinance Prohibiting Employment of Illegal Aliens
  EmployNews
  September 17, 2010
• Employee's Failure to Provide Notice of Need to Extend FMLA Leave Dooms Claim
  EmployNews
  September 17, 2010
• U.S.News & World Report Names Parker Poe as a Top-Tier Law Firm
  Firm Ranked #1 in 22 Legal Areas for 2010
  September 15, 2010
• Failure to Discipline Female Employees Involved in Harassment Allegations is Not Sex Discrimination Against Terminated Males
  EmployNews
  September 10, 2010
• Sign Language Interpreter May Be Required for All But Casual Workplace Communications
  EmployNews
  September 10, 2010
• Female Employee's "Relentless" Pursuit of Male Colleague Created Hostile Work Environment
  EmployNews
  September 10, 2010
• IRS Releases Guidance on Reimbursement of Over-the-Counter Medicine and Drug Expenses
  EmployNews
  September 10, 2010
• Employee's Request for Leave After Death of Husband Could be Considered FMLA Leave Request
  EmployNews
  September 3, 2010
• Make Certain Employees on Breaks Are Relieved of All Job Duties
  EmployNews
  September 3, 2010
• OSHA Seeking Nominations for New or Revised Hazardous Substance Exposure Limits
  EmployNews
  August 27, 2010
• Repeated Use of Word "Bitch" to Refer to Female Employee Adequate Evidence of Gender Discrimination
  EmployNews
  August 27, 2010
• OSHA Issues Final Rule on Construction Cranes and Derricks
  EmployNews
  August 20, 2010
• North Carolina Limits Ability to Deduct From Paychecks Without Offering Employee Chance to Rescind Authorization
  EmployNews
  August 20, 2010
• 61 Parker Poe Attorneys Recognized as Best Lawyers® for 2011
  August 18, 2010
• OSHA Levels $16.6 Million Fine Against Connecticut Power Plant Contractors
  EmployNews
  August 13, 2010
• Seventh Circuit Says that FLSA Back Wages Can be Calculated Under Fluctuating Workweek Method
  EmployNews
  August 13, 2010
• Fourth Circuit Says Failure to Fire Co-Worker After Noose Incident Not Title VII Violation
  EmployNews
  August 13, 2010
• DOL Issues Fact Sheet on Break Time for Nursing Mothers Under Healthcare Reform Act
  EmployNews
  August 6, 2010
• Pre-Existing Condition Insurance Plan Program Announced
  EmployNews
  August 6, 2010
• Potential Witness to Discrimination Complaint Not Entitled to Retaliation Protection
  EmployNews
  August 6, 2010
• Supreme Court to Review Third-Party Retaliation Case
  EmployNews
  July 30, 2010
• Per Diem Pay Deemed Willful Evasion of FLSA Overtime Requirements
  EmployNews
  July 30, 2010
• Employer That Agreed to Patient's Request For White Care Providers Violated Title VII
  EmployNews
  July 30, 2010
• DOL to Target Hospitality Industry
  EmployNews
  July 23, 2010
• Department of Labor Releases Fee Disclosure Rules
  EmployNews
  July 23, 2010
• DOL and IRS Focusing on Independent Contractor Misclassification
  EmployNews
  July 23, 2010
• Employers Rethinking Cell Phone Use While Driving Policies
  EmployNews
  July 16, 2010
• Interim Final Regulations for Coverage of Preventive Services Under Health Care Reform Released
  EmployNews
  July 16, 2010
• Department of Labor Releases Fee Disclosure Rules
  EmployNews
  July 16, 2010
• Termination Triggered by FMLA Leave Request Did Not Violate ADA
  EmployNews
  July 16, 2010
• Supreme Court to Review Arizona Law Revoking Business Licenses for Hiring Illegal Immigrants
  EmployNews
  July 9, 2010
• Fourth Circuit Says Sole Business Owner's Comments to Female Worker Enough to Create Hostile Work Environment
  EmployNews
  July 9, 2010
• OSHA Outreach Training to Emphasize Employee Rights
  EmployNews
  July 2, 2010
• Employer's Active Litigation of Case Waives Right to Compel Arbitration
  EmployNews
  July 2, 2010
• Retaliation Claim Allowed to Proceed Under Title VII Based on a "Perception Theory"
  EmployNews
  July 2, 2010
• HHS Releases Early Retiree Reinsurance Program Application
  EmployNews
  July 2, 2010
• DOL Releases Model Notices Under Health Care Reform
  EmployNews
  July 2, 2010
• DOL Extends FMLA Parental Leave Rights to Same-Sex Partners
  EmployNews
  June 25, 2010
• Supreme Court Allows Public Employer to Review Text Messages Sent on Supplied Device
  EmployNews
  June 25, 2010
• Department of Labor Issues Final Regulations on Timing and Order of Qualified Domestic Relations Orders (QDROs)
  EmployNews
  June 25, 2010
• Joint Interim Regulations Issued on Grandfathered Health Plans
  EmployNews
  June 18, 2010
• North Carolina Business Court Rejects Claims for ESOP Payment by Former Executive
  EmployNews
  June 18, 2010
• Positions Filled by Temporary Workers Not Vacant for Purposes of ADA Accommodation Obligations
  EmployNews
  June 18, 2010
• North Carolina Court of Appeals Upholds Oral Employment Agreement to Pay Bonuses
  EmployNews
  June 11, 2010
• OSHA Proposes Changes to Walking-Working Surfaces Safety Standard
  EmployNews
  June 11, 2010
• Dust Off Your Pre-ARRA COBRA Notices: Eligibility for COBRA Premium Subsidy Expired After May 31, 2010
  EmployNews
  June 11, 2010
• Draft Application for Early Retiree Reinsurance Program Published by Department of Health and Human Services
  EmployNews
  June 11, 2010
• Chambers USA 2010 Ranks Parker Poe as Leading Law Firm
  June 11, 2010
• Supreme Court Overturns Fourth Circuit Decision Finding that Prevailing Party Status Not Necessary for Award of Attorney's Fees under ERISA
  EmployNews
  June 4, 2010
• Employers Not Required to Accommodate Medical Marijuana Use
  EmployNews
  June 4, 2010
• Supreme Court Says Title VII Suit Based on Old Test Timely if Results are Later Used to Make Employment Decisions
  EmployNews
  June 4, 2010
• DOL Issues New Poster Advising Employees of Labor Rights
  EmployNews
  May 28, 2010
• Wage and Hour Issues New Rules on Child Labor in Hazardous Occupations
  EmployNews
  May 28, 2010
• South Carolina Supreme Court Holds that Courts May Not "Blue-Pencil" Non-Competes
  EmployNews
  May 28, 2010
• Supreme Court Affirms Plan Administrator Deference Even Where Plan Administrator's Previous Interpretation Was Found Unreasonable
  EmployNews
  May 28, 2010
• 2010 HSA Limits Remain in Place for 2011
  EmployNews
  May 28, 2010
• HHS Issues Interim Final Rule Regarding Health Care Reform's Early Retiree Reinsurance Program
  EmployNews
  May 21, 2010
• Timing of Termination Raises Fact Question and Allows FMLA Claim to Go to Jury
  EmployNews
  May 21, 2010
• Warning to Employee Not Adverse Employment Action Under Title VII
  EmployNews
  May 21, 2010
• DOL Issues Fact Sheet for Internship Programs
  EmployNews
  May 14, 2010
• IRS Publishes New Form W-11 for Use in Claiming Hire Act Tax Credit
  EmployNews
  May 14, 2010
• DOL, HHS and Treasury Release Interim Final Regulations and Other Guidance Related to Health Care Reform's Requirement of Dependent Coverage to Age 26
  EmployNews
  May 14, 2010
• Eligibility for COBRA Premium Subsidy Extended Through May 31, 2010; DOL Provides Updated Model Notices and COBRA Fact Sheet
  EmployNews
  May 7, 2010
• Ninth Circuit Certifies Giant Wal-Mart Class Action Claim
  EmployNews
  May 7, 2010
• Federal OSHA Announces Severe Violator Enforcement Program
  EmployNews
  May 7, 2010
• OSHA Can Base Penalties On Each Employee Not Provided PPE
  EmployNews
  April 30, 2010
• Supreme Court Says Class Arbitrations Not Allowed Absent Specific Agreement
  EmployNews
  April 30, 2010
• FMLA Eligibility Not Prerequisite for Retaliation Claim
  EmployNews
  April 30, 2010
• Health Care Reform Law Requires Breastfeeding Accommodation
  EmployNews
  April 23, 2010
• Unpaid Internships Under Legal Scrutiny
  EmployNews
  April 23, 2010
• Fourth Circuit Says Agility Test May Have Been Used to Exclude Female Worker from Job
  EmployNews
  April 16, 2010
• Failure to Accommodate Commuting Needs May Violate ADA
  EmployNews
  April 16, 2010
• IRS Releases Guidance on Health Care Reform Small Employer Tax Credit
  EmployNews
  April 16, 2010
• Fourth Circuit Revives Sexual Harassment Claim Where Manager Told Employee That She Was "Overreacting" by Reporting Alleged Misconduct
  EmployNews
  April 16, 2010
• "Ministerial" Exception Applies to FLSA Wage Claims
  EmployNews
  April 9, 2010
• South Carolina Discrimination Law's Procedural Requirements Met by Filing EEOC Charge
  EmployNews
  April 9, 2010
• Health Care Reform Update: Clarification on "Grandfathered" Plans
  EmployNews
  April 9, 2010
• DOL Rescinds Opinion on Exempt Status of Mortgage Loan Officers
  EmployNews
  April 2, 2010
• California Marijuana Ballot Initiative Could Affect Employer Drug Use and Testing Policies
  EmployNews
  April 2, 2010
• Health Care Reform - What Employers Need to Know Now
  EmployNews
  April 2, 2010
• North Carolina Court Says Employee Claiming Termination for Reporting Financial Misconduct Can Sue for Wrongful Discharge
  EmployNews
  March 26, 2010
• Manager Fired for Sexual Harassment Cannot Claim Age Discrimination
  EmployNews
  March 26, 2010
• You Guessed It - DOL Releases New Model Notices for Recent COBRA Subsidy Extension
  EmployNews
  March 19, 2010
• Paycheck Fairness Act Back Before Congress
  EmployNews
  March 19, 2010
• Employee's Own Testimony Can Establish Serious Health Condition Under FMLA
  EmployNews
  March 19, 2010
• Ledbetter Act Cannot Revive Old Failure to Promote Claim
  EmployNews
  March 12, 2010
• Run FMLA Concurrently with Workers' Compensation Leave
  EmployNews
  March 12, 2010
• COBRA Premium Subsidy Extended – Legislation Includes Change to Definition of Qualifying Event
  EmployNews
  March 5, 2010
• Restaurant’s Tip Pooling Arrangement Does Not Violate FLSA
  EmployNews
  March 5, 2010
• Failure to Complain to Someone Other Than Harasser Does Not Bar Title VII Claim Against Employer
  EmployNews
  March 5, 2010
• EEOC Issues Proposed Rules on "Reasonable Factors Other Than Age" Defense
  EmployNews
  February 26, 2010
• DOL and IRS Release Additional 403(b) Plan Guidance
  EmployNews
  February 26, 2010
• Statements on SSDI Application Do Not Prevent Later ADA Claim
  EmployNews
  February 26, 2010
• Move to Remote Area of Office Not ADA Accommodation
  EmployNews
  February 19, 2010
• Ledbetter Law Does Not Extend Statute of Limitations
  EmployNews
  February 19, 2010
• Tenth Circuit Partially Invalidates Oklahoma Immigration Law
  EmployNews
  February 12, 2010
• Pharmaceutical Sales Rep Deemed Administrative Exempt Employee
  EmployNews
  February 12, 2010
• Does GPS Monitoring of Company Vehicles Violate Employee Privacy Rights?
  EmployNews
  February 5, 2010
• OSHA Indicates Interest in Reviving Ergonomics Standard
  EmployNews
  February 5, 2010
• DOT Bans Texting While Driving by Truck And Bus Drivers
  EmployNews
  January 29, 2010
• Holding Female Employee to Particular Beauty Standard Deemed Illegal Stereotyping under Title VII
  EmployNews
  January 29, 2010
• Exposure to Crude Behavior Can Create Hostile Working Environment Even If Not Directed Toward Plaintiff
  EmployNews
  January 29, 2010
• Follow-up to Pre-Offer Drug Test Deemed Prohibited Medical Inquiry under the ADA
  EmployNews
  January 22, 2010
• Inside Advertising Salespersons Do Not Qualify for Administrative Overtime Exemption
  EmployNews
  January 22, 2010
• EEOC Releases Discrimination Statistics for FY 2009
  EmployNews
  January 15, 2010
• Limited Discretion and Independent Judgment Enough to Claim Administrative FLSA Exemption
  EmployNews
  January 15, 2010
• OSHA Releases Information on Top 10 Grounds for Violations
  EmployNews
  January 15, 2010
• New Law Prohibits Mandatory Employment Arbitration Causes for Military Contractors
  EmployNews
  January 8, 2010
• IRS Publishes Correction Procedures for 409A Document Failures
  EmployNews
  January 8, 2010
• Plan Sponsors Must Self-Report Excise Tax Liability for Failure to Comply with Group Health Plan Requirements
  EmployNews
  January 8, 2010
• Intrastate Drivers Completing Interstate Movement Qualify for Overtime Exemption
  EmployNews
  January 8, 2010
• COBRA Subsidy Extension Requires Employer and Group Health Plan Administrator Action
  EmployNews
  December 23, 2009
• Supreme Court to Review Employer Access to Text Messages on Company Account
  EmployNews
  December 18, 2009
• Seventh Circuit Dismisses Title VII Claim by Christian Employees Opposed to Homosexuality
  EmployNews
  December 18, 2009
• Bill Adding Sexual Orientation to Title VII Put Off until 2010
  EmployNews
  December 18, 2009
• Second Circuit Says Bank Loan Underwriters Not Exempt from Overtime Requirements
  EmployNews
  December 11, 2009
• District Court in Fourth Circuit Calculates Unpaid Overtime Using Half-Time Premium
  EmployNews
  December 11, 2009
• Department of Labor Releases Clarifying Guidance on Eligibility for COBRA Premium Subsidy
  EmployNews
  December 4, 2009
• South Carolina Enforces Invention Assignment Agreement But Refuses Injunction
  EmployNews
  December 4, 2009
• OSHA Issues Fact Sheet for Retail Crowd Control During Holiday Sales
  EmployNews
  December 4, 2009
• Failure to Hire for Vacant Position after Job Elimination Not Retaliatory
  EmployNews
  December 4, 2009
• EPLI Policy Does Not Cover Back Wage Class Action Claim
  EmployNews
  November 20, 2009
• Engineering Job Not Exempt from Overtime Absent Engineering Degree
  EmployNews
  November 20, 2009
• EPLI Policy Does Not Cover Back Wage Class Action Claim
  EmployNews
  November 20, 2009
• GINA'S Employment Provisions Take Effect November 21
  EmployNews
  November 13, 2009
• Fourth Circuit Stays Preference for More Energetic Employee Supports Age Discrimination Claim
  EmployNews
  November 13, 2009
• District Court Finds that Plan Administrators Cannot Consider Motivation When Determining Whether to Qualify a Domestic Relations Order
  EmployNews
  November 13, 2009
• Defense Authorization Act Expands Military FMLA Coverage
  EmployNews
  November 6, 2009
• Reminder of Year-End Deadline to Amend Performance-Based Compensation Arrangements in Light of IRS Section 162(m) Ruling
  EmployNews
  November 6, 2009
• Rehabilitation Act and ADA Title II Prohibit Retaliation Against Employee Who Protests Treatment of Disabled Students
  EmployNews
  November 6, 2009
• Podcast: ADAAA Proposed Regulations for Definition of Disability
  October 30, 2009
• Federal Judge Rejects Settlement in Disney Segway Use ADA Claim
  EmployNews
  October 30, 2009
• EEOC Releases New Compliance Poster
  EmployNews
  October 30, 2009
• ADAAA Rules Reflect Expansion of “Regarded As” Disabled Definition
  EmployNews
  October 23, 2009
• Payroll Debit Card Rules Vary By State
  EmployNews
  October 23, 2009
• New GINA Regulations Present Challenges to Health and Wellness Plans
  EmployNews
  October 16, 2009
• No ADA Interactive Process Required in Absence of Possible Accommodation
  EmployNews
  October 16, 2009
• DHS Repeals No Match Regulations
  EmployNews
  October 16, 2009
• EEOC Contends Any Maximum Leave Policy Violates ADA
  EmployNews
  October 9, 2009
• ADAAA Rules Expand Definition of Working As Major Life Activity
  EmployNews
  October 9, 2009
• Ninth Circuit Says Return to Work Capacity Analysis Is ADA Medical Exam
  EmployNews
  October 9, 2009
• ADAAA Rules Create Broad Definition of Disability
  EmployNews
  October 2, 2009
• Proposed ADAAA Rules Cover Short Term Impairments
  EmployNews
  October 2, 2009
• Employee's Work From Home Counts Toward FMLA Eligibility Threshold
  EmployNews
  October 2, 2009
• EEOC Issues H1N1 Technical Assistance Document
  EmployNews
  September 18, 2009
• Consultant’s Discriminatory Comments Bind Employer
  EmployNews
  September 18, 2009
• Seldom Practiced Job Functions Can Be Essential under ADA
  EmployNews
  September 18, 2009
• Federal Court Clears Way for Mandatory E-Verify Use by Federal Contractors
  EmployNews
  September 11, 2009
• IRS and Treasury Issue Notices to Promote Retirement Plan Savings
  EmployNews
  September 11, 2009
• Employer Entitled to Fire Employee on FLMA Leave Due to Uncovered Misconduct And Refusal to Cooperate
  EmployNews
  September 11, 2009
• Third Circuit Revives Title VII Gender Stereotype Claim Brought by Homosexual Employee
  EmployNews
  September 11, 2009
• NC Supreme Court Says No Unemployment Benefits for Voluntary Retirements
  EmployNews
  September 4, 2009
• First Circuit Refuses to Apply FMLA to Ineligible Employee
  EmployNews
  September 4, 2009
• USERRA Amendment Removes Any Statute of Limitation on Claims
  EmployNews
  September 4, 2009
• IRS Provides Reporting Mechanism for COBRA Subsidy Misuse
  EmployNews
  September 4, 2009
• Time Spent on Electronic Communications Outside of Office Hours May Be Compensable Work
  EmployNews
  August 28, 2009
• EEOC’s Unwillingness to Adopt Substantial Limitation Standard Will Leave Definition to Courts
  EmployNews
  August 28, 2009
• DOL Says Voluntary Furloughs Do Not Violate FLSA Overtime Exemption Rules
  EmployNews
  August 21, 2009
• Ninth Circuit Takes Expansive View of SOX’s Anti-Retaliation Provisions
  EmployNews
  August 21, 2009
• Employer’s Failure to Stop Workplace Proselytizing May Have Created Hostile Work Environment
  EmployNews
  August 14, 2009
• IRS Concludes It Can Enforce Tax Levy by Seizing Employee Stock Options
  EmployNews
  August 14, 2009
• D.C. Circuit Says No to ADAAA Retroactivity
  EmployNews
  August 14, 2009
• Seventh Circuit Says Internal FLSA Complaint Must Be in Writing to Be Protected Activity
  EmployNews
  August 14, 2009
• Flirtatious Same Sex Conduct Not Sexual Harassment under Title VII
  EmployNews
  August 7, 2009
• DOL to Eliminate ESA
  EmployNews
  August 7, 2009
• Fourth Circuit Says Employer’s Tepid Response to Harassment Claims Insufficient to Avoid Jury Trial
  EmployNews
  August 7, 2009
• Employer Surveillance of Employee Blogs, Social Networks Could Create Liability For Employers
  EmployNews
  July 31, 2009
• FTC to Again Delay Red Flag Rule for 90 Days
  EmployNews
  July 31, 2009
• EEOC Issues Guidance on Waivers and Severance Agreements
  EmployNews
  July 31, 2009
• Shy Bladder Syndrome May Constitute a Disability
  EmployNews
  July 31, 2009
• Department of Labor Provides Guidance on 2009 Form 5500 Requirements for 403(b) Plans
  EmployNews
  July 24, 2009
• EEOC Declines to Adopt Clear Rule as to Duration of Qualifying ADA Disability
  EmployNews
  July 24, 2009
• Fourth Circuit Says Religious Accomodation Sufficient Factor in Employee Discharge to Allow Claim to Proceed
  EmployNews
  July 24, 2009
• Ineligible Employee Placed on FMLA Not Entitled to Act's Protection
  EmployNews
  July 24, 2009
• North Carolina to Double Fines For Child Labor Violations
  EmployNews
  July 17, 2009
• Alienation of Affections Reforms Would Shield NC Employers
  EmployNews
  July 17, 2009
• Federal Court Lifts Stay on DOT Direct Observation Drug Testing Rule
  EmployNews
  July 17, 2009
• New ADA Rules May Create Per Se List of Disabling Medical Conditions
  EmployNews
  July 17, 2009
• ELA Webinar on Downsizings, Lay-Offs and Redundancies in Asia and the Pacific
  EmployNews
  July 10, 2009
• Fourth Circuit Orders Employer to Hire Applicants with Union Affiliation
  EmployNews
  July 10, 2009
• Termination of Employee Who Threatened to Kill Co-Workers Not ADA Violation
  EmployNews
  July 2, 2009
• Fifth Circuit Says Intermittent Chronic Fatigue Syndrome Is ADA Disability
  EmployNews
  July 2, 2009
• Supreme Court Says Employer Ordinarily Cannot Reverse Testing Results Due to Impact Concerns
  EmployNews
  July 2, 2009
• Supreme Court Says No to Mixed Motive Age Discrimination Claims
  EmployNews
  June 26, 2009
• Employee's Deletion of Computer Files Does Not Result in Trade Secret Inference
  EmployNews
  June 26, 2009
• NC Court of Appeals Dismisses Woodson Claim on Pleadings
  EmployNews
  June 26, 2009
• South Carolina Illegal Immigration Reform Act Takes Effect on July 1 for Companies with 100 or More Employees
  EmployNews
  June 19, 2009
• EEOC Says Mandatory Health Risk Assessment Violates
  EmployNews
  June 19, 2009
• IRS Issues Notice Providing Guidance on Employer-Owned Life Insurance Contracts
  EmployNews
  June 19, 2009
• New North Carolina Law Extends COBRA Enrollment Period for Certain Involuntarily Terminated Employees
  EmployNews
  June 19, 2009
• Furloughs of Salaried Employees Can Threaten FLSA Exemption
  EmployNews
  June 12, 2009
• Sixth Circuit Says Retaliation Against Fiance Not Actionable under Title VII
  EmployNews
  June 12, 2009
• DOL and HHS Announce Details of COBRA Subsidy Denial Appeals Process
  EmployNews
  June 12, 2009
• DOL and HHS Announce Details of COBRA Subsidy Denial Appeals Process
  EmployNews
  June 12, 2009
• NC Bill Would Allow Former Employees Receiving Severance Pay to Collect UI Benefits
  EmployNews
  June 5, 2009
• Wage And Hour Division Issues Guidance for Application of Davis-Bacon to Stimulus Act Projects
  EmployNews
  June 5, 2009
• DOL to Again Delay Mandatory E-Verify for Federal Contractors
  EmployNews
  June 5, 2009
• Banks Work to Pare Payrolls Without Facing Lawsuits
  May 29, 2009
• Supreme Court Says Pension Plan Does Not Have to Account for Actions Prior to Enactment of Current Law
  EmployNews
  May 29, 2009
• Knowledge of OSHA Violations Insufficient to Prove Woodson Claim
  EmployNews
  May 29, 2009
• DOL Delays Effective Date of Investment Advice Rules
  EmployNews
  May 29, 2009
• Federal Appellate Court Upholds DOT Direct Observation Testing Rule
  EmployNews
  May 22, 2009
• Market Factors Do Not Adequately Explain Salary Differences For Male and Female Employees
  EmployNews
  May 22, 2009
• 2010 Inflation Adjustments Increase HSA Limits
  EmployNews
  May 22, 2009
• IRS Permits Suspension or Reduction of Safe Harbor Nonelective Contributions
  EmployNews
  May 22, 2009
• HHS and FTC Issue Guidance Regarding HIPAA Security Breach Notification Requirements
  EmployNews
  May 15, 2009
• Religious Accommodation Claim Must Involve Consequences Such As Discipline Or Discharge
  EmployNews
  May 15, 2009
• Georgia Might Change Non-Compete Restrictions
  EmployNews
  May 15, 2009
• Administrative Overtime Exemption Not Determined by Importance of Position
  EmployNews
  May 8, 2009
• Statement Made During Job Interview Direct Evidence of Discrimination
  EmployNews
  May 8, 2009
• Employers Should Develop Plan to Respond to Flu Pandemic
  EmployNews
  May 1, 2009
• EEOC Issues Best Practices for Employee Caregivers
  EmployNews
  May 1, 2009
• Seventh Circuit Agrees That Driving Is Not ADA Major Life Activity
  EmployNews
  May 1, 2009
• Supreme Court Declines to Decide if Driving is ADA Major Life Activity
  EmployNews
  April 24, 2009
• Feds Again Delay Mandatory E-Verify Use by Contractors
  EmployNews
  April 24, 2009
• IRS Announces Program for Pre-Approval of 403(b) Prototype Plans
  EmployNews
  April 24, 2009
• Sixth Circuit Finds Hugging, Sexual Hand Gestures and Comments Do Not Amount to Sexual Harassment
  EmployNews
  April 24, 2009
• Refusal of Nigerian Employee to Take English Lessons Is Not Protected Activity under Title VII
  EmployNews
  April 24, 2009
• Proactive Compensation Reviews Can Prevent Ledbetter Claims Liability
  EmployNews
  April 17, 2009
• NC Court of Appeals Says $500 Adequate Consideration to Support Two-Year Non-Compete
  EmployNews
  April 17, 2009
• Complaints over Violation of Internal Policies Not Grounds for Wrongful Discharge in North Carolina
  EmployNews
  April 17, 2009
• Supreme Court Says Mandatory Arbitration Provision in Bargaining Agreement Binds Union Members
  EmployNews
  April 10, 2009
• DOL Issues Model Defined Benefit Plan Annual Funding Notices
  EmployNews
  April 10, 2009
• OFCCP Showing Renewed Interest in Veterans and Disability Practices by Contractors
  EmployNews
  April 10, 2009
• Employee Who Falsified Medical Information Not Entitled to FMLA Leave Regardless of Underlying Condition
  EmployNews
  April 10, 2009
• New I-9 Form
  EmployNews
  April 3, 2009
• IRS Issues Guidance on "Involuntary Termination" and other ARRA COBRA Issues
  EmployNews
  April 3, 2009
• Seventh Circuit Rejects Use of "Cat's Paw" Theory in USERRA Case
  EmployNews
  April 3, 2009
• Exercise Caution When Classifying Administrative Assistants As Exempt from FLSA Overtime Requirements
  EmployNews
  April 3, 2009
• Seventh Circuit Dismisses Plaintiffs' Claims Alleging Excessive Fees and Non-Disclosure of Fee Sharing Related to 401(k) Plans
  EmployNews
  March 27, 2009
• OSHA Delays Popcorn Lung Rulemaking
  EmployNews
  March 27, 2009
• Employers Have Legal Obligation to Act If Child Pornography is Discovered in Workplace
  EmployNews
  March 27, 2009
• DOL Releases Model Notices Relating to Recent COBRA Changes
  EmployNews
  March 20, 2009
• Spike in Age Discrimination Claims Cautions Employers Undergoing Workforce Reductions
  EmployNews
  March 20, 2009
• Fourth Circuit Finds Hospital Immune from State Employment Claims under HCQIA
  EmployNews
  March 20, 2009
• EEOC Charges Hit Record Levels in 2008; Obama Proposes Increases in Agency Enforcement Budgets
  EmployNews
  March 13, 2009
• Fourth Circuit Says Eligible Employee on Non-FMLA Leave Still Protected from Retaliation
  EmployNews
  March 13, 2009
• Eighth Circuit Upholds OSHA's Multi-Employer Worksite Enforcement Policy
  EmployNews
  March 13, 2009
• Supreme Court Upholds Idaho's Ban on Payroll Deductions for Union Political Activities
  EmployNews
  March 13, 2009
• EEOC Issues Proposed GINA Rules
  EmployNews
  March 6, 2009
• Stimulus Package May Change Unemployment Eligibility Rules
  EmployNews
  March 6, 2009
• President Obama Issues Executive Order Encouraging Use of Project Labor Agreements
  EmployNews
  March 6, 2009
• DOJ Pulls Plug on New ADA Access Rules
  EmployNews
  February 27, 2009
• Tenth Circuit Upholds Oklahoma Workplace Weapons Law
  EmployNews
  February 27, 2009
• Stimulus Act Changes to COBRA Requires Immediate Action
  EmployNews
  February 26, 2009
• H-1B Foreign Professional Worker Restrictive Provisions Enacted in Stimulus Bill
  Immigration News
  February 24, 2009
• Stimulus Act Restricts Use of H 1B Workers
  EmployNews
  February 23, 2009
• Children's Health Insurance Program Reauthorization Act of 2009 ("CHIP") Impacts Group Health Plans
  EmployNews
  February 20, 2009
• First Circuit Establishes Standards For Private SOX Action
  EmployNews
  February 20, 2009
• Ninth Circuit Comes Close To Retroactive Application Of ADAAA
  EmployNews
  February 20, 2009
• Stimulus Act Changes To COBRA Will Require Immediate Action
  EmployNews
  February 20, 2009
• The American Recovery and Reinvestment Act of 2009
  February 20, 2009
• Ninth Circuit Certifies Giant Wal-Mart Sex Discrimination Class Action
  EmployNews
  February 16, 2009
• Ledbetter Act Prompts Employers To Review Salary Disparities
  EmployNews
  February 13, 2009
• Stimulus Bill Prompts Renewed Interest In Government Contracting
  EmployNews
  February 13, 2009
• Supreme Court Upholds Payment of Plan Benefits to Beneficiary Who Waived Right to Benefits in Divorce Decree
  EmployNews
  February 13, 2009
• New H1-B Applications Accepted As of April 1
  EmployNews
  February 6, 2009
• New Executive Orders Expand Union Access to Federal Contractors
  EmployNews
  February 6, 2009
• Feds Delay Effective Dates for New I-9 Form, E-Verify Requirements
  EmployNews
  February 6, 2009
• Supreme Court Allows §1983 Claim in Student Sexual Harassment Action
  EmployNews
  February 6, 2009
• Supreme Court Allows Use of Non-Members' Fees for National Litigation
  EmployNews
  January 30, 2009
• Ledbetter Law Poses Challenges to Human Resource Professionals
  EmployNews
  January 30, 2009
• New Form I-9
  EmployNews
  January 30, 2009
• Supreme Court Applies Title VII Retaliation Bar to Participation in Internal Investigation
  EmployNews
  January 30, 2009
• North Carolina Court Holds Employee Non-Competition Agreement Overbroad and Unenforceable
  Business Law Alert
  January 27, 2009
• Fourth Circuit Says EEOC Retaliation Charge Insufficient to Support Later Discrimination Lawsuit
  EmployNews
  January 23, 2009
• District Court Finds COBRA Notice Required When Retiree Health Coverage Differs from Previous Active Coverage
  EmployNews
  January 23, 2009
• House Passes Ledbetter and Paycheck Fairness Bills
  EmployNews
  January 23, 2009
• Non-Compete Agreement That Includes Affiliates Unenforceable in NC
  EmployNews
  January 16, 2009
• NC Aviation Statute Does Not Provide Basis for Public Policy Wrongful Discharge Claim
  EmployNews
  January 16, 2009
• New Law Allows Participants to Suspend Required Minimum Distributions in 2009
  EmployNews
  January 16, 2009
• DOJ Delays Mandatory E-Verify Use by Federal Contractors
  EmployNews
  January 16, 2009
• IRS Publishes Additional 409A Guidance
  EmployNews
  January 9, 2009
• Fourth Circuit Says Transfer from Operating Room to Desk Job Did Not Violate FMLA
  EmployNews
  January 9, 2009
• New FMLA Rules Change Medical Certification Procedures
  January 9, 2009
• New FMLA Rules May Require Job Descriptions for Fitness-for-Duty Certifications
  EmployNews
  January 2, 2009
• ADAAA in Effect January 1
  EmployNews
  January 2, 2009
• New FMLA Rules Tweak Medical Certification Procedures
  EmployNews
  December 19, 2008
• Fourth Circuit Says Lower Profit Warning Not Whistleblowing under SOX
  EmployNews
  December 19, 2008
• Sixth Circuit Finds Former Employees Cannot Sue under ADA for Discrimination in Disability Benefits
  EmployNews
  December 19, 2008
• 35 Days Remaining to Revise FMLA Policies
  EmployNews
  December 12, 2008
• DOL Issues New FMLA Forms and Poster
  EmployNews
  December 12, 2008
• IRS Extends Written Plan Document Deadline for 403(b) Plans
  EmployNews
  December 12, 2008
• Fourth Circuit Says Conduct Not Directly Aimed at Plaintiff May Support Title VII Claim
  EmployNews
  December 5, 2008
• New FMLA Rules Overturn Fourth Circuit's Taylor Decision
  EmployNews
  December 5, 2008
• Fourth Circuit Finds ERISA Claims Procedure Violation Does Not Entitle Employee to Benefits
  EmployNews
  December 5, 2008
• DOL Issues Final FMLA Rules
  EmployNews
  November 21, 2008
• FMLA Rules Establish Procedures for Family Military Leave
  EmployNews
  November 21, 2008
• IRS Guidance Provides Warning on Funding Business Startups with Retirement Accounts
  EmployNews
  November 21, 2008
• Death Resulting from High Risk Operation Does Not Trigger Woodson Liability
  EmployNews
  November 14, 2008
• Fourth Circuit Rejects Title VII Claim Based on Parallel Claims of Unfairness in Termination Decision
  EmployNews
  November 14, 2008
• New Administration May Push Variety of Labor Initiatives
  EmployNews
  November 7, 2008
• Two Federal Appellate Courts Draw Different Conclusions on Effect of Salary Changes on Overtime Exemption
  EmployNews
  November 7, 2008
• Democratic Victory Means Employers Should Prepare Now for New Pro-Union Legislation
  EmployNews
  November 5, 2008
• DHS Releases Final No Match Letter Rules
  EmployNews
  October 31, 2008
• IRS Addresses Medical Expense Status of Legal Fees, Mileage and Infant Formula
  EmployNews
  October 31, 2008
• Right to intermittent FMLA Ends When Employee Falls under 1250 Hour Service Requirement
  EmployNews
  October 31, 2008
• Ending Affair with Supervisor Not Protected Activity under Title VII
  EmployNews
  October 31, 2008
• Failure to Advise Employee of Customer Visit Opportunities Can Be Continuing Violation under Title VII
  EmployNews
  October 24, 2008
• Employee Theft May Increase in Bad Economic Times
  EmployNews
  October 24, 2008
• Tenth Circuit Says Driving Not ADA Major Life Activity
  EmployNews
  October 24, 2008
• IRS and Social Security Administration Announce 2009 Cost-of-Living Adjustments for Retirement Plans
  EmployNews
  October 24, 2008
• USCIS Increases Period of Stay for TN Professional Workers from One Year to Three Years
  Immigration News
  October 20, 2008
• Participant May Not Change QJSA Beneficiary after Retirement
  EmployNews
  October 17, 2008
• Indefinite Leave Not Required Accommodation under ADA
  EmployNews
  October 17, 2008
• Seventh Circuit Says HIV Not Automatically ADA Disability
  EmployNews
  October 17, 2008
• New ADA Amendments Change "Regarded As" Disabled Standard
  EmployNews
  October 10, 2008
• DOL Finalizes Guidance on Retirement Plan Annuity Purchases
  EmployNews
  October 10, 2008
• Employer Establishes Affirmative Defense to Sexual Harassment Claims
  EmployNews
  October 10, 2008
• Care for Granddaughter Covered under FMLA in Some Circumstances
  EmployNews
  October 10, 2008
• New ADA Amendments Reverse Four Supreme Court Cases
  EmployNews
  October 3, 2008
• Investment Market Turmoil: What Should Retirement Plan Fiduciaries Be Doing?
  EmployNews
  October 3, 2008
• IRS Provides Guidance on Health FSA Distributions to Reservists
  EmployNews
  October 3, 2008
• Eighth Circuit Says Employee Fired for Refusing Substance Abuse Treatment Not "Regarded As" Disabled under ADA
  EmployNews
  October 3, 2008
• ADA Amendments Clear Congress; President Bush to Sign into Law
  EmployNews
  September 19, 2008
• Reminder: Group Health Plans Must Provide Medicare Part D Notices Prior to November 15
  EmployNews
  September 19, 2008
• Employer Justified in Terminating Employee Abusing FMLA Leave
  EmployNews
  September 19, 2008
• November 1, 2008: Be Ready to Detect and Respond to "Red Flags" of Identity Theft
  EmployNews
  September 19, 2008
• Employer Must Pay Employee Wages and Expenses Involved in OSHA BPS Compliance
  EmployNews
  September 12, 2008
• New DOT Driver Rules Require Observation of Certain Drug Specimens
  EmployNews
  September 12, 2008
• DOL Issues Proposed Guidance on Retirement Plan Investment Advice Arrangements
  EmployNews
  September 5, 2008
• Union Pension Funds Not Entitled to Warn Notice
  EmployNews
  September 5, 2008
• Employer Cannot Delay Reinstatement of Employee Returning from Military Leave
  EmployNews
  September 5, 2008
• DOL Modifies Fluctuating Workweek Rules
  EmployNews
  September 5, 2008
• Fourth Circuit Defines Protected Whistleblowing Activity under SOX
  EmployNews
  August 22, 2008
• CMS Releases Mandatory Reporting Guidance on Website
  EmployNews
  August 22, 2008
• FMLA Prohibits Retaliation against Employee Taking Leave
  EmployNews
  August 22, 2008
• USERRA Claims Subject to Arbitration Agreement
  EmployNews
  August 22, 2008
• IRS Updates and Expands Its Retirement Plans Correction Program
  EmployNews
  August 22, 2008
• Same-Sex Hostile Environment Claim Goes to Trial
  EmployNews
  August 15, 2008
• House of Representatives Approves Paycheck Fairness Act, Veto Expected
  EmployNews
  August 15, 2008
• Former Wal-Mart Cashier May Proceed to a Jury with Harassment Claim
  EmployNews
  August 8, 2008
• Submitting Confidential Information to the EEOC
  EmployNews
  August 8, 2008
• Eleventh Circuit Revives Home Depot 401(k) Stock Drop Case but Requires Exhaustion of Administrative Remedies
  EmployNews
  August 8, 2008
• Fourth Circuit Declines to Second Guess Employer's Sexual Harassment Investigation
  EmployNews
  August 1, 2008
• Ability to Engage in Sexual Relations Deemed Major Life Activity under Federal Disability Laws
  EmployNews
  August 1, 2008
• EEOC Releases Interpretive Guidance on Religious Discrimination
  EmployNews
  August 1, 2008
• Check Those Employment Agreements - Section 409A Documentation Compliance Deadline Just Five Months Away!
  EmployNews
  August 1, 2008
• Minimum Wage Increases to $6.55
  EmployNews
  July 25, 2008
• DOL Proposes Regulations for Required Disclosures of Investments and Fees for Participant-Directed Retirement Plans
  EmployNews
  July 25, 2008
• Employer Must Provide Reasonable Accommodation under ADA When Disability is Obvious
  EmployNews
  July 25, 2008
• Seventh Circuit Says Termination after Absences for In Vitro Treatments Is Sex Discrimination
  EmployNews
  July 25, 2008
• House Passes ADA Expansion
  EmployNews
  July 18, 2008
• IRS Issues Proposed Regulations on HSA Comparability and Group Health Plan Excise Tax Reporting
  EmployNews
  July 18, 2008
• First Circuit Says Yawning During Interview Not Age Animus
  EmployNews
  July 18, 2008
• Fourth Circuit Holds Employer's Varied Explanations for Lower Bonus Not Automatic Evidence of Pretext
  EmployNews
  July 18, 2008
• Explanation of Benefits (EOB) Was Insufficient as Claim Denial
  EmployNews
  July 18, 2008
• Many Federal Contractors Must Begin Using New VETS-100A Form
  EmployNews
  July 11, 2008
• Fourth Circuit Upholds NLRB's Reversal of Vote Rejecting Union
  EmployNews
  July 11, 2008
• Ninth Circuit Says Employee Text Messages Sent on Company Account Cannot Be Disclosed to Employer
  EmployNews
  July 11, 2008
• North Carolina Supreme Court Reverses Binney Decision on Employee Misconduct and Unemployment Benefits
  EmployNews
  July 11, 2008
• Providing Blackberries to Hourly Employees Can Result in Unexpected Overtime Claims
  EmployNews
  June 27, 2008
• Supreme Court Denies Review of Fourth Circuit FMLA Release Case
  EmployNews
  June 27, 2008
• Supreme Court: Dual Role Administrator Who Decides and Pays Claims Has Conflict of Interest that Must Be Considered in Court Review
  EmployNews
  June 27, 2008
• No Refund of FICA Taxes Paid on Forfeited Deferred Compensation
  EmployNews
  June 27, 2008
• Supreme Court Throws out State Law Prohibiting Grantees from Using Funds for Labor Matters
  EmployNews
  June 27, 2008
• Supreme Court Increases Employers' Burden for Defending Disparate Impact Age Discrimination Cases
  EmployNews
  June 27, 2008
• Federal Courts Continue to Lower Bar for EEOC Filings
  EmployNews
  June 27, 2008
• Parker Poe Director of Professional Development and Diversity Named to 40 Under 40
  June 25, 2008
• IRS Provides Additional Guidance on HSA Contributions
  EmployNews
  June 20, 2008
• North Carolina Wage and Hour Act Does Not Apply to Employees Living and Working in Other States
  EmployNews
  June 20, 2008
• Maryland Adopts Paid Family Leave Law
  EmployNews
  June 20, 2008
• South Carolina Adopts Illegal Immigration Reform Act
  EmployNews
  June 13, 2008
• Federal Circuit Clarifies Severance Pay that is SUB Pay Exempt from FICA
  EmployNews
  June 13, 2008
• IRS Provides Guidance on Making a Transfer from an IRA to HSA
  EmployNews
  June 13, 2008
• Employers with California Operations Should Heed Impact of Same-Sex Marriage Decision
  EmployNews
  June 6, 2008
• Third Circuit Says PDA Prohibits Discharge of Employee Who Had Abortion
  EmployNews
  June 6, 2008
• Fifth Circuit Finds Fiduciaries' Prudence Presumption a "Substantial Shield"
  EmployNews
  June 6, 2008
• Use or Abuse: E-Mail and Internet Monitoring
  June 1, 2008
• U.S. Supreme Court Says Section 1981 Includes Retaliation Claims
  EmployNews
  May 30, 2008
• Supreme Court May Hear Case on Obtaining Monetary Damages as Equitable Relief for a Fiduciary Breach under ERISA
  EmployNews
  May 30, 2008
• Georgia Adopts Weaker Version of Florida's Gun Rights Bill
  EmployNews
  May 30, 2008
• GINA Also Increases Fines for Child Labor, Willful FLSA Violations
  EmployNews
  May 30, 2008
• Fourth Circuit Says University Can Fire HR Employee for Criticizing New Pay Plan
  EmployNews
  May 23, 2008
• Layoff of Entire Team Defeats Individual's Age Discrimination Claim
  EmployNews
  May 23, 2008
• New Virginia Law Disqualifies Employers Who Hire or Employ Illegal Aliens
  EmployNews
  May 23, 2008
• 2009 Cost-of-Living Adjustments Increase Limits for HSA contributions
  EmployNews
  May 16, 2008
• Terminating Parents at Same Time Child's Tumor Reoccurs Raises Questions over Employer's Motive for Action
  EmployNews
  May 16, 2008
• EEOC Continues Enforcement Focus on Restaurant Industry
  EmployNews
  May 16, 2008
• GINA Passes Senate; President Bush to Sign into Law
  EmployNews
  May 9, 2008
• Fourth Circuit Affirms ERISA Theft Convictions for Unpaid Employer Retirement Plan Contributions - Prison Sentences Upheld
  EmployNews
  May 9, 2008
• Crude Radio Program Played in Workplace Contributes to Hostile Environment Based on Gender
  EmployNews
  May 9, 2008
• Employer Can Set Reasonable Restrictions on Employee's Discrimination Complaints
  EmployNews
  May 2, 2008
• Senate Passes Genetic Anti-Discrimination Act
  EmployNews
  May 2, 2008
• Workplace Slights Not Retaliation under Title VII
  EmployNews
  May 2, 2008
• DOL Updates Guidance on Qualified Default Investment Alternatives
  EmployNews
  May 2, 2008
• NC Workers Most Concerned with Outsourcing U.S. Jobs
  April 30, 2008
• Fifth Circuit Finds Possible Reverse Discrimination in Diversity Initiative
  EmployNews
  April 25, 2008
• Tenth Circuit Establishes Standard for Willful FMLA Violation
  EmployNews
  April 25, 2008
• How to: Negotiate a Noncompete Agreement
  April 25, 2008
• Retirement Plan Sponsor Official Makes False Form 5500 Statement Resulting in Felony Conviction and Order to Pay Over $150,000
  EmployNews
  April 18, 2008
• Courts Expand Scope of Title VII by Recognizing Discrimination and Retaliation Claims Based on Association
  EmployNews
  April 18, 2008
• New Jersey Adopts Paid Family Leave Law
  EmployNews
  April 18, 2008
• Florida Enacts "Take Your Guns to Work Act"
  EmployNews
  April 18, 2008
• Fourth Circuit Says Wrongful Discharge Claim from Bank Officer Preempted by Federal Law
  EmployNews
  April 11, 2008
• Recent Case Takes a Look at COBRA Notice Obligations
  EmployNews
  April 11, 2008
• Fourth Circuit Says Retaliatory Termination Based upon Safety Rules Not Sarbanes-Oxley Violation
  April 4, 2008
• Disability Insurance "Endorsed" by Employer is Subject to ERISA
  EmployNews
  April 4, 2008
• Veterans with Service-Connected Disabilities Entitled to Special Protections in the Workplace
  EmployNews
  March 28, 2008
• New FMLA Rules Change Medical Certification and Notification Rights and Duties
  EmployNews
  March 28, 2008
• IRS Announces Approval of Pre-Approved Defined Contribution Plans and Opening of Determination Letter Program
  EmployNews
  March 21, 2008
• Proposed FMLA Rules Clarify Existing Standards for Leave Entitlement
  EmployNews
  March 21, 2008
• Seventh Circuit Allows ADA Claim Based on Concerns over Cost of Spouse's Medical Treatment
  EmployNews
  March 21, 2008
• Parker Poe Expands Employment & Employee Benefits Group with the Addition of John Mann in Raleigh
  March 19, 2008
• New FMLA Rules Tweak Employee Eligibility Requirements
  EmployNews
  March 14, 2008
• EEOC Charges Jump Nine Percent in 2007
  EmployNews
  March 14, 2008
• IRS Clarifies Roth Rollovers, Optional Annuities and Other Distribution Issues from Pension Protection Act of 2006
  EmployNews
  March 14, 2008
• Ellis Lesemann Named Chair of the Lowcountry Food Bank Board of Directors
  March 10, 2008
• Supreme Court Recognizes Liberal Standard for EEOC Charge Filing under ADEA
  EmployNews
  March 7, 2008
• Proposed FMLA Rules Contain Important Technical Revisions
  EmployNews
  March 7, 2008
• DOL Proposes Seven-Day Safe Harbor for Employee Contributions to Benefit Plans
  EmployNews
  March 7, 2008
• Employer Can Be Liable for Retaliation against Complaining Employee from Co-Worker
  EmployNews
  March 7, 2008
• Supreme Court Says Trial Judge Has Discretion to Allow "Me Too" Evidence in Discrimination Cases
  EmployNews
  February 29, 2008
• IRS Revenue Ruling Confirms and Extends 162(m) Ruling, with Transition Relief
  EmployNews
  February 29, 2008
• Using 401(k) Funds to Purchase Long-Term Care Insurance is Prohibited
  EmployNews
  February 29, 2008
• Familial Status Not Protected Classification under Title VII
  EmployNews
  February 29, 2008
• Supreme Court Says Plan Participants May Sue Fiduciaries for Losses in Individual Accounts
  EmployNews
  February 22, 2008
• Fourth Circuit Says Partial Religious Accommodation Satisfied Employer's Title VII Obligations
  EmployNews
  February 22, 2008
• Staring at Female Employee's Chest May Have Created Hostile and Offensive Working Environment
  EmployNews
  February 22, 2008
• Fourth Circuit Allows FLSA Retaliation Claim Based on Suit against Former Employee
  EmployNews
  February 15, 2008
• EBSA Releases Checklist to Assist with Wellness Program Nondiscrimination Compliance
  EmployNews
  February 15, 2008
• Third Circuit Refuses Sanctions against Employee Caught Behaving Incompatibly with ADA Accommodation Request
  EmployNews
  February 15, 2008
• Vacation/PTO Policy for Executives Should Differ from that for Other Employees
  EmployNews
  February 8, 2008
• New DOL Guidance on Responsibility for Collecting Delinquent Retirement Plan Contributions
  EmployNews
  February 8, 2008
• North Carolina Court of Appeals Raises Threshold for Disqualifying Unemployment Benefits
  EmployNews
  February 8, 2008
• FMLA Amendments Take Effect
  EmployNews
  February 1, 2008
• Fourth Circuit Releases Two New ADA Opinions
  EmployNews
  February 1, 2008
• No Performance-Based Exception to 162(m) $1 Million Deduction Limit for Compensation Payable upon Termination for Cause or Good Reason -- IRS Reverses Course
  EmployNews
  February 1, 2008
• Immigration Alert
  Immigration News
  February 1, 2008
• Supreme Court Dismisses ADA Dispute; Accepts Review of Three Additional Employment Cases
  EmployNews
  January 25, 2008
• Nonprofit Organization's Directors Not Employees under ADEA
  EmployNews
  January 25, 2008
• Seventh Circuit Says Paid Administrative Leave Is Not a Materially Adverse Employment Action under Title VII
  EmployNews
  January 25, 2008
• Welfare Plan May Not be Retroactively Amended to Deprive Beneficiary of Vested Benefit
  EmployNews
  January 25, 2008
• $110,000 Judgment against Employer Who Failed to Monitor and Control Retirement Plan Service Provider
  EmployNews
  January 18, 2008
• Absences Due to Substance Abuse before Rehab Begins Not Protected under FMLA
  EmployNews
  January 18, 2008
• First Circuit Says Harassment Based on Failed Romance Can Violate Title VII
  EmployNews
  January 18, 2008
• Immigration Alert
  Immigration News
  January 15, 2008
• Fourth Circuit Says Sexual Harassment Claim Should Reach Jury
  EmployNews
  January 11, 2008
• Small Claim Insurance Adjusters Exempt from Overtime Requirements
  EmployNews
  January 11, 2008
• DOT Proposes New Training Requirements for CDL Drivers
  EmployNews
  January 11, 2008
• IRS Proposes Regulations on Diversification Requirements for Retirement Plans with Publicly-Traded Employer Stock
  EmployNews
  January 11, 2008
• Supreme Court to Review ADA Reassignment Case
  EmployNews
  January 4, 2008
• Fifth Amendment Does Not Prevent Execution of OSHA Administrative Warrant
  EmployNews
  January 4, 2008
• Final EEOC Rule Allows Employers to Cut Retiree Health Benefits At Age 65
  EmployNews
  January 4, 2008
• New Defense Bill Expands FMLA Rights
  EmployNews
  December 21, 2007
• DOL Issues Proposed Regulations and Class Exemption Relating to Benefit Plan Service Provider Disclosures under ERISA
  EmployNews
  December 21, 2007
• Public School System Can Terminate Teacher for Behavior Motivated by Religious Beliefs
  EmployNews
  December 21, 2007
• Fifth Circuit Decision Shows FMLA Notice Rules Still Have Teeth
  EmployNews
  December 21, 2007
• Should Employers Limit Use of Instant Messaging?
  EmployNews
  December 14, 2007
• IRS Publishes 2007 Cumulative List of Plan Qualification Requirements for Cycle C Plans
  EmployNews
  December 14, 2007
• Fourth Circuit Says Employee Walkout over Supervisor's Termination Not Concerted Activity
  EmployNews
  December 14, 2007
• New OSHA Rule Clarifies Employers' Obligation to Pay for Protective Equipment
  EmployNews
  December 7, 2007
• South Carolina Supreme Court Defines Standard for Intentional Infliction of Emotional Distress in Employment Claims
  EmployNews
  December 7, 2007
• Code Section 409A: Correction Relief for Noncompliant Deferred Compensation
  EmployNews
  December 7, 2007
• Employers Must Begin Using New I-9 Form by December 26
  Immigration News
  November 30, 2007
• Seventh Circuit Decision Challenges One-Size-Fits-All Harassment Complaint Filing Procedures
  EmployNews
  November 30, 2007
• Fourth Circuit Says Small Branch Operation Not Consolidated with Headquarters for WARN Notice Purposes
  EmployNews
  November 30, 2007
• Qualified Beneficiary May Lose COBRA Coverage for Failure to Re-enroll During Required Open Enrollment Period
  EmployNews
  November 30, 2007
• Employers Must Begin Using New I-9 Form by December 26
  EmployNews
  November 28, 2007
• North Carolina Court of Appeals Calls for Clarity on Whether Retirement Contributions Are Included in Calculating Workers' Compensation Benefits
  EmployNews
  November 16, 2007
• Prior Religious Accommodation May No Longer Be Reasonable
  EmployNews
  November 16, 2007
• Damage to Breast Implants Constitutes Compensable Injury under Workers' Compensation
  EmployNews
  November 16, 2007
• North Carolina Business Court Says Employee Non-Compete Cannot Be Assigned through Asset Sale
  EmployNews
  November 9, 2007
• Fourth Circuit Concludes Employer Not Obligated to Provide Work During 60-Day WARN Notice Period
  EmployNews
  November 9, 2007
• IRS Extends Waiver of Reporting 409A Deferrals for 2007, But Amounts Subject to 409A Taxation Still Reportable and Subject to Withholding
  November 9, 2007
• USCIS Revises Employment Eligibility Verification Form I-9
  EmployNews
  November 9, 2007
• DOT to Sideline Drivers for Lack of English Proficiency
  EmployNews
  November 2, 2007
• 2008 Cost-of-Living Adjustments Increase Limits for Adoption Assistance, Transportation Benefits and More
  EmployNews
  November 2, 2007
• FMLA Leave Does Not Extend to Care for a Grandchild
  EmployNews
  November 2, 2007
• Hot Off the Press: Code Section 409A Compliance Deadline Generally Extended to the End of 2008
  EmployNews
  October 26, 2007
• Employee's Bizarre Behavior Enough to Trigger Employer's Obligation to Provide FMLA Leave
  EmployNews
  October 26, 2007
• DOL Issues Final Regulations on Default Investment Safe Harbor for Participant-Directed Retirement Plans
  EmployNews
  October 26, 2007
• Pornography Left in Workplace Did Not Create Hostile Work Environment
  EmployNews
  October 26, 2007
• Tenth Circuit Rejects Title VII Claim by Transsexual Employee over Bathroom Use
  EmployNews
  October 19, 2007
• Federal Court Allows Rejected DOT Hours of Service Rules to Remain in Effect through the End of 2007
  EmployNews
  October 19, 2007
• Federal Judge Issues Preliminary Injunction Halting New DHS No Match Letter Rules
  EmployNews
  October 12, 2007
• Are Employees' Communications with Their Lawyers on Company Computers Privileged?
  EmployNews
  October 12, 2007
• DOL Launches Interactive "Fiduciary Advisor" Website
  EmployNews
  October 12, 2007
• OSHA Issues New Safety Guidance for Use of Slings in Workplace
  EmployNews
  October 12, 2007
• Requiring Reimbursement of Employee Training or Relocation Costs Difficult to Enforce
  EmployNews
  October 5, 2007
• Diversity Lottery Alert
  Immigration News
  October 5, 2007
• Short Term Disability Benefits Often Not Subject to ERISA, Even if Plan Summary Suggests Otherwise
  EmployNews
  October 5, 2007
• OSHA Must Only Show possibility of Harm to Establish Serious Violation
  EmployNews
  October 5, 2007
• Supreme Court to Decide Whether Race Retaliation Claim Can Be Brought under Section 1981
  EmployNews
  September 28, 2007
• Mortgage Lender Bankruptcy Highlights Risk of Losing Nonqualified Plan Benefits
  EmployNews
  September 28, 2007
• Employer Can Count Holidays toward Intermittent FMLA Entitlement
  EmployNews
  September 28, 2007
• Warn Notice Threshold for Construction Workers Based on Worksite, Not Headquarters
  EmployNews
  September 21, 2007
• L.A. Weight Loss Faces Usual Reverse Gender Discrimination Claims Action Suit
  EmployNews
  September 21, 2007
• Federal Judge Stays No-Match Rules and Issuance of New Letters
  EmployNews
  September 7, 2007
• Creditor Not Responsible for Providing WARN Notice
  EmployNews
  September 7, 2007
• IRS Proposes Regulations to Clarify Health Insurance Premiums Paid from Qualified Plans Are Taxable Distributions
  EmployNews
  September 7, 2007
• National Origin Harassment Claims Can Be Based On Mistaken Identification
  EmployNews
  August 31, 2007
• Favoritism Does Not Always Equate To Sex Discrimination
  EmployNews
  August 31, 2007
• Fifth Circuit: SPD Controls over Plan Terms No Reliance on SPD Required
  EmployNews
  August 31, 2007
• Unanswered Questions Linger over New Immigration Rules
  EmployNews
  August 24, 2007
• Lower Pay for Light Duty Work Does Not Violate FMLA
  EmployNews
  August 24, 2007
• Paid Leave May be Adverse Employment Action under Title VII
  EmployNews
  August 24, 2007
• IRS Issues Final Regulations on Dependent Care Expenses
  EmployNews
  August 24, 2007
• Homeland Security Announces Major Crackdown on Employer Use of Illegal Workers
  EmployNews
  August 17, 2007
• DOL Final Rule on Penalties for Not Providing Employer Stock Diversification Notice
  EmployNews
  August 17, 2007
• North Carolina Court of Appeals Rejects Slander Claim Based on Disputed Drug Test Results
  EmployNews
  August 17, 2007
• Quasi-Religious Practices Can Form Basis for Discrimination Claim
  EmployNews
  August 17, 2007
• California Finalizes Sexual Harassment Training Rules
  EmployNews
  August 10, 2007
• IRS Proposes Comprehensive Cafeteria Plan Regulations
  EmployNews
  August 10, 2007
• Federal Court Combines Two Supervisors' Actions for Purposes of Continuing Harassment
  EmployNews
  August 10, 2007
• Fourth Circuit Rejects Use of Combination Exemption in FLSA Overtime Suit Without Guaranteed Salary
  EmployNews
  August 3, 2007
• Federal Court Throws out DOT Driver Hours of Service Rules
  EmployNews
  August 3, 2007
• Final Regulations on 403(b) Plans
  EmployNews
  July 27, 2007
• OSHA Issues Pandemic Influenza Preparedness Guidance
  EmployNews
  July 27, 2007
• Punctuality May Not Be Essential Job Function
  EmployNews
  July 27, 2007
• Technical Writers Exempt From Overtime Requirements
  EmployNews
  July 27, 2007
• EEOC Amends Regulations under ADEA
  EmployNews
  July 20, 2007
• Failure to Engage in Interactive Process a Violation of the ADA
  EmployNews
  July 20, 2007
• Reminder on Form 5500 Filings
  EmployNews
  July 20, 2007
• Fourth Circuit Panel Affirms Unenforceability of Private FMLA Releases
  EmployNews
  July 13, 2007
• New Minimum Wage Poster Availability
  EmployNews
  July 13, 2007
• Sexist Comments Can Form Sufficient Basis for Sexual Harassment Claim
  EmployNews
  July 13, 2007
• Parker Poe Expands Employment & Employee Benefits Group
  July 6, 2007
• Otherwise Tax-Free Welfare Benefits Are Taxable If Retiree Can Choose Cash Instead
  EmployNews
  July 6, 2007
• DOL Acknowledges Problems with FMLA, But Backs Away from New Rules
  EmployNews
  July 6, 2007
• Fourth Circuit Says Pre-Work Security Checks Not Compensable Working Time under ADA
  EmployNews
  July 6, 2007
• Supreme Court Says States May Require Affirmative Employee Authorization for Use of Public Sector Employees' Fees for Certain Union Uses
  EmployNews
  June 29, 2007
• Eighth Circuit Allows use of Mixed Motive Theory in USERRA Case
  EmployNews
  June 29, 2007
• 20% Plan Participant Turnover is Presumed Partial Termination Requiring Full Vesting
  EmployNews
  June 29, 2007
• No Need to Consider Merger Alternative when Terminating Defined Benefit Plan
  EmployNews
  June 22, 2007
• Supreme Court Upholds FLSA Exemption for Companionship Services
  EmployNews
  June 22, 2007
• Federal OSHA Decision May Limit Multi-Employer Worksite Citations
  EmployNews
  June 22, 2007
• Refusal to Adhere to Supervisor's Religious Beliefs Actionable Claim under Title VII
  EmployNews
  June 15, 2007
• Eighth Circuit Says Disabled Person Not Entitled to Preferential Treatment for Vacant Job under ADA
  EmployNews
  June 15, 2007
• Third Circuit Affirms Employers' Ability to Alter Benefits for Medicare-Eligible Retirees
  EmployNews
  June 15, 2007
• IRS Releases Guidance on Health Savings Accounts
  EmployNews
  June 15, 2007
• EmployNews Unveils New Format
  EmployNews
  June 8, 2007
• Ability to Rotate Shifts is Essential Job Function under ADA
  EmployNews
  June 8, 2007
• Wal-Mart Justified in Terminating Pharmacist Who Would Not Deal With Customers' Birth Control Questions
  EmployNews
  June 8, 2007
• Fourth Circuit Finds CEO Personally Liable for Overtime Violations
  EmployNews
  June 8, 2007
• Supreme Court Rejects Title VII Claim Based on Current Impact on Pay of Old Discriminatory Acts
  EmployNews
  June 1, 2007
• Minimum Wage to Rise to $7.25
  EmployNews
  June 1, 2007
• Fourth Circuit Says Changes to Date and Reason for Termination Not Evidence of Pretext for Discrimination
  EmployNews
  June 1, 2007
• IRS Allows In-Service Pension Distributions at Normal Retirement Age
  EmployNews
  June 1, 2007
• Recent Case Addresses Full-time Student Group Health Plan Eligibility
  EmployNews
  May 25, 2007
• OSHA Issues Proposed Changes to Personal Protective Equipment Standard
  EmployNews
  May 25, 2007
• Early Retirement Program Not Evidence of Age Discrimination
  EmployNews
  May 25, 2007
• Willful OSHA Citations Cannot Be Grouped for Penalty Reduction Purposes
  EmployNews
  May 18, 2007
• Update: HIPAA Privacy Compliance and Enforcement Website
  EmployNews
  May 18, 2007
• Employee's Failure to Provide Medical Details Insufficient Notice to Trigger FMLA Rights
  EmployNews
  May 18, 2007
• Additional Paid but Unworked Hours Do Not Count Toward FMLA Eligibility Threshold
  EmployNews
  May 11, 2007
• Telecommuting Can Be Reasonable Accommodation under ADA
  EmployNews
  May 11, 2007
• Fourth Circuit Case Addresses Statute of Limitations in ERISA Suit
  EmployNews
  May 11, 2007
• IRS Advisory Committee: Focus on Increasing Governmental Plan Compliance
  EmployNews
  May 4, 2007
• FCN Treaty Does Not Preempt State Employment Claims
  EmployNews
  May 4, 2007
• Alleged Denial of Training and Mentoring Not Retaliation under Title VII
  EmployNews
  May 4, 2007
• Final Section 409A Regulations: Highlights and Action Plan for Compliance
  EmployNews
  April 27, 2007
• Handbook Confidentiality Policies May Need to Be Amended
  EmployNews
  April 27, 2007
• Sick Building Syndrome Qualifies Employee for LTD Benefits
  EmployNews
  April 27, 2007
• DOL Issues Proposed Changes to Child Labor Rules
  EmployNews
  April 27, 2007
• Employee's Refusal to Release Medical Records Justified Failure to Provide Accommodations under ADA
  EmployNews
  April 20, 2007
• OSHA Issues Proposed Revisions to Explosives Standard
  EmployNews
  April 20, 2007
• IRS Finalizes Rules Limiting Benefits Under Qualified Plans
  EmployNews
  April 13, 2007
• Full Fourth Circuit Allows UNC Soccer Sexual Harassment Case to Go to Jury
  EmployNews
  April 13, 2007
• IRS Issues Final Section 409A Regulations for Nonqualified Deferred Compensation
  EmployNews
  April 13, 2007
• 2008 H-1B Visa Limit Already Reached
  EmployNews
  April 13, 2007
• Employer's Failure to Cover Contraceptive Costs under Medical Plan Not Pregnancy Discrimination
  EmployNews
  April 6, 2007
• Small Plans HIPAA Privacy Reminder Due by April 14, 2007
  EmployNews
  April 6, 2007
• Exclusion of Old Maternity Leave from Service Does Not Violate Title VII or PDA
  EmployNews
  April 6, 2007
• Genetic Discrimination Bill May Soon Become Law
  EmployNews
  March 30, 2007
• CMS Updates Guidance on Medicare Part D Disclosure
  EmployNews
  March 30, 2007
• Federal OSHA Notifies Employers with High Injury and Illness Rates
  EmployNews
  March 30, 2007
• Delay in Closing Subjects Asset Seller to WARN Act Requirements
  EmployNews
  March 23, 2007
• Automobile Repair Business May Pay Collision Mechanics on Commission Basis under FLSA
  EmployNews
  March 23, 2007
• Fourth Circuit Says Unsuccessful Effort to Replace Laid Off Female Employee with Male Sufficient Evidence of Sex Discrimination
  EmployNews
  March 16, 2007
• OSHA Updates Safety Standards for Electrical Installations
  EmployNews
  March 16, 2007
• Tenth Circuit Affirms Summary Judgment for Employer in Work Authorization Case
  EmployNews
  March 16, 2007
• When Employee Receives STD Benefits from Insured Plan, Employer Cannot Require Use of Paid Vacation Time under FMLA
  EmployNews
  March 9, 2007
• OSHA Issues New Poster
  EmployNews
  March 9, 2007
• Lockheed Martin Settles EEOC Age Discrimination Retaliation Suit
  EmployNews
  March 9, 2007
• 401(k) Compliance Guidance is Now Available Online
  EmployNews
  March 9, 2007
• 403(b) Compliance Guidance is Now Available Online
  EmployNews
  March 2, 2007
• Consultant's Criticism of Employee's Work Not Interference with Contract
  EmployNews
  March 2, 2007
• Eighth Circuit Reverses Summary Judgment for Wal-Mart on Refusal to Hire Greeter/Cashier with Cerebral Palsy
  EmployNews
  February 23, 2007
• EEOC Involvement in Private Suit Does Not Preclude Later Agency Action
  EmployNews
  February 23, 2007
• NC Employee Injured During Company Recreational Event Not Entitled to Workers Compensation Benefits
  EmployNews
  February 16, 2007
• DOL Issues Guidance on Eligible Investment Advice Arrangements under PPA
  EmployNews
  February 9, 2007
• EEOC Charges Up in 2006
  EmployNews
  February 9, 2007
• Same-Sex Partner Not Employee in Family Business According to Fourth Circuit
  EmployNews
  February 9, 2007
• Qualifications Not in Job Description Legitimate Grounds for Hiring Decision
  EmployNews
  February 2, 2007
• Divided Fourth Circuit Panel Decides that Maryland "Fair Share" Law Preempted by ERISA
  EmployNews
  February 2, 2007
• H-1B Visa Application Acceptance Window Opens April 1
  EmployNews
  February 2, 2007
• Fourth Circuit Concludes Disciplinary Actions Not Race Discrimination Absent Specific Proof of Disparate Treatment
  EmployNews
  January 26, 2007
• Shareholder-Directors of Close Corporation Can Be Employees under Title VII
  EmployNews
  January 26, 2007
• North Carolina Minimum Wage Increase Also Affects Tipped Employees
  EmployNews
  January 26, 2007
• Eleventh Circuit Says Written Reprimand Is Not Adverse Employment Action Under title VII
  EmployNews
  January 19, 2007
• Fourth Circuit Says Return to Less Prestigious and Visible Position Not FMLA Violation
  EmployNews
  January 19, 2007
• Supreme Court Accepts Two New Employment Cases for Review
  EmployNews
  January 12, 2007
• NC Court of Appeals Reverses Invalidation of Geographically Broad Non-Compete Covenant
  EmployNews
  January 12, 2007
• IRS Issues Guidance on Pension Protection Act Changes to Distribution Rules
  EmployNews
  January 12, 2007
• Minimal Notice of Medical Problems Sufficient Request for FMLA Leave
  EmployNews
  January 5, 2007
• Leave Donation Program May Have Violated ADEA
  EmployNews
  January 5, 2007
• Premium Processing Service Now Available for Certain I-140 Immigrant Petitions
  Immigration News
  October 10, 2006
• Clarification of Need for Employment Authorization Documents for Spouses of E and L Nonimmigrants
  Immigration News
  October 10, 2006
• Electronic Signature and Storage of Form I-9 Now Allowed, Offers Improvements to Employment Eligibility Verification
  Immigration News
  October 10, 2006
• Parker Poe's Ellis R. Lesemann Named to Charleston Regional Business Journal's "Forty Under 40"
  May 1, 2006
• Seventeen Parker Poe Attorneys Among "Legal Elite"
  January 20, 2006
• Parker Poe Attorneys Among The Best Lawyers in America
  September 13, 2005
• Parker Poe's Stacy K. Wood Honored in Charlotte Business Journal's 40 under 40
  June 13, 2005
• Upcoming Charlotte Seminar - June 2: New Requirements, Risks & Strategies for Hospitality Industry Employers
  May 6, 2005
• Keith M. Weddington Writes About Image Discrimination in the Charlotte Business Journal
  April 20, 2005
• Parker Poe Attorneys Coleman and Castner Comment on Image-Based Discrimination in the Charleston Regional Business Journal
  April 8, 2005
• National Poll Shows Public Opinion Sharply Divided on Regulating Appearance - From Weight to Tattoos
  March 22, 2005
• New Requirements, Risks & Strategies for Hospitality Industry Employers
  March 14, 2005
• Parker Poe Attorneys Honored as The Best Lawyers in America and the "Legal Elite" in North Carolina
  February 28, 2005
• Parker Poe is Pleased to Announce that Ellis R. Lesemann has Joined the Firm in its Charleston Office
  February 16, 2005
• State Dept. to End Visa Revalidations
  June 16, 2004
• Five Parker Poe Attorneys and Five Practice Areas have been Included in the Chambers USA: Guide to American's Leading Business Lawyers
  June 3, 2004
• South Carolina Enacts "At-Will"/Handbook Statute 2. Changes to FLSA Overtime Regulations
  EmployNews
  May 18, 2004
• North Carolina Court Upholds Liquidated Damages Clause as Alternative to Covenant not to Compete in Physician Contract
  January 22, 2003
• Reservists Called to Active Duty Entitled to Job, Benefits Protected
  October 15, 2001
• DOL Issues Guidance on Eligible Investment Advice Arrangements under PPA
  

Events

• ADA: Reasonable Accommodation Issues
  2008
  Mecklenburg County & York County SHRM
• 2005/2006 Federal and North Carolina Employment Law and Legislation Update
  April 27, 2006
  Triangle Society for Human Resource Management