Client Alerts

• NC Supreme Court Requires Employment Relationship to Support Wage Act Claims

  March 27, 2026

• Potential Employment Red Flags for Mergers and Acquisitions

  March 27, 2026

• Federal and North Carolina Child Labor Investigations Can Result in Multiple Claims

  March 20, 2026

• Placing Employee on PIP Insufficient Basis for Discrimination Claim

  March 20, 2026

• Washington State Nears Ban on Noncompetes

  March 20, 2026

• Alleged Lack of Understanding Insufficient Grounds to Void Release Agreement

  March 13, 2026

• Fourth Circuit Nixes Agreement With Employee to Limit Time for Filing Legal Actions

  March 13, 2026

• Virginia Bill Limits Employee Noncompetes

  March 13, 2026

• Sixth Circuit Says Ban on Arbitration Applies to Entire Lawsuits Alleging Sexual Assault or Harassment

  March 06, 2026

• U.S. Labor Department Issues New Independent Contractor Rule

  March 06, 2026

• Washington State Bill Would Prohibit Companies From Microchipping Employees

  March 06, 2026

• FMLA Does Not Mandate 'House Arrest'

  February 27, 2026

• Tenth Circuit Upholds OSHA Citation Against Hospital Following Violent Patient Behavior

  February 27, 2026

• U.S. Department of Labor Issues AI Literacy Framework: What Employers Should Know

  February 26, 2026

• Another Federal Court Rejects Religious Discrimination Claim Based on COVID-19 Testing Requirement

  February 20, 2026

• Can Employers Restrict Wearable Tech at Work?

  February 20, 2026

• EEOC Provides Guidance on Assessing Telework Requests and ADA Obligations

  February 20, 2026

• EEOC Sues Nike Over Potential Reverse Discrimination in DEI Programs

  February 12, 2026

• Fourth Circuit Says Disabled Plaintiff Not Qualified if Unable to Perform Job Functions

  February 12, 2026

• Labor Department Sets New Minimum Wage for Federal Contractors

  February 12, 2026

• Fourth Circuit Rejects First Amendment Claims From Teacher Who Declined to Use Students' Preferred Pronouns

  February 06, 2026

• Full Fifth Circuit To Review Constitutional Challenge to Pregnant Workers Fairness Act

  February 06, 2026

• OSHA Says Workplace Burns From E-Cigarette Batteries Are Recordable Injuries

  February 06, 2026

• EEOC Rescinds Harassment Guidance: What Employers Need to Know

  January 30, 2026

• Until Supreme Court Weighs In, Practical Considerations for Alternative Assets in 401(k) Plans

  January 29, 2026

• FTC Signals Aggressive Case-by-Case Enforcement Action on Overbroad Noncompete Agreements

  January 28, 2026

• New California Law Requires Annual Notice of Immigration and Labor Rights

  January 23, 2026

• U.S. Labor Department Updates Guidance on a Common Violation: Whether a Bonus Is Really Discretionary

  January 23, 2026

• Fourth Circuit Says Refusal to Work Hybrid Schedule Dooms ADA Claim

  January 22, 2026

• Fourth Circuit Combines Companies for Purpose of Reaching WARN Act Threshold

  January 15, 2026

• NC Court of Appeals Says Pregnancy Not Protected Under State Antidiscrimination Law

  January 15, 2026

• When School Closes, How Should FMLA Be Counted? DOL Clarifies Rules for Partial-Week Shutdowns

  January 15, 2026

• Employee's Ability to Rotate Among Jobs Deemed Essential Job Function

  January 08, 2026

• Employer's Failure to Sign Arbitration Agreement Voids Employee's Obligations

  January 08, 2026

• New Lawsuit Takes Aim at Constitutionality of OSH Act

  December 19, 2025

• Should Employers Report All Employee Medical Emergencies to OSHA?

  December 19, 2025

• ADA Does Not Require Employers to Tolerate Use of THC During Working Time

  December 18, 2025

• Employers Should Carefully Consider WARN Act Windows When Calculating Number of Affected Employees in Layoffs

  December 12, 2025

• Fourth Circuit Limits Employee's Suit to Job Described in EEOC Charge

  December 12, 2025

• Supreme Court to Decide Federal Courts' Power to Hear Post-Arbitration Motions

  December 12, 2025

• EEOC Settles Claims Based on Alleged Anti-American Hiring Practices

  December 05, 2025

• Employees Can Claim 2025 Tax Deduction for Some Overtime Pay

  December 05, 2025

• Fourth Circuit Says Employee Has Light Burden in Tying Accommodation Request to Religious Beliefs

  December 05, 2025

• Recent US Government Policy Announcements Affect Wide Swath of Individuals Applying for Immigration Benefits

  December 04, 2025

• Department of Labor, Other Federal Agencies to Take Growing Role in US Department of Education Programs

  November 20, 2025

• Eleventh Circuit Revives FMLA Interference Claim for Employee Who Left Work to Care for Pregnant Spouse

  November 20, 2025

• Georgia Lawsuit Highlights Risks of Denying Religious Accommodations in Remote Roles

  November 20, 2025

• IRS Announces 2026 Dollar Limitations for Retirement Plans 

  November 20, 2025

• As 'SAD' Season Approaches, Employers Should Be Sensitive to Accommodation Requests

  November 14, 2025

• Employers Listed in OSHA's Severe Violator Enforcement Program Could See Devastating Effects on Business

  November 14, 2025

• Eighth Circuit Reverses Finding That Writing 'BLM' on Uniform Is Protected By National Labor Relations Act 

  November 13, 2025

• Employer Requests for Prevailing Wages and Labor Certifications Resume After Shutdown Pause

  November 06, 2025

• North Carolina Expands Employer Protections Under the Workplace Violence Prevention Act

  November 06, 2025

• USCIS Ends Automatic Extension of Employment Authorization: What Employers Need to Know

  November 06, 2025

• Biweekly Pay Periods May Need to Be Adjusted for 2026 

  October 31, 2025

• Fourth Circuit Applies Lighter Burden to Religious Accommodation Requests Compared to Medical Ones

  October 31, 2025

• What Employers Should Know About New DOL Interpretations of FMLA and Fair Labor Standards Act

  October 30, 2025

• Government Shutdown Curtails EEOC Activities

  October 24, 2025

• North Carolina Supreme Court Rejects Deference to Opinions of State Administrative Agencies

  October 24, 2025

• Red States Show Increasing Hostility to Noncompetes 

  October 24, 2025

• Prescription Drug Warnings Not Enough to Deny Return to Work

  October 17, 2025

• Senate Approves OSHA Review Commissioner 

  October 17, 2025

• Home Care Employers on the Hook for Travel Time Between Clients

  October 16, 2025

• California Privacy Regulator Imposes $1.35 Million Fine on Tractor Supply Company

  October 10, 2025

• Ninth Circuit Says Couching Health Claims in Religious Language Does Not Meet Title VII Pleading Requirement

  October 10, 2025

• AI Tools Are Changing How Workers Complain to Their Employers

  October 03, 2025

• Impact of Government Shutdown on Business Immigration

  October 03, 2025

• FMLA Does Not Require Employers to Agree to Remote Work Arrangements

  September 25, 2025

• Key Business Immigration Takeaways From the Trump Administration's H-1B and Gold Card Changes

  September 25, 2025

• Managing Communication in a Multigenerational Workforce: Reducing Conflict and Mitigating Legal Risk

  September 25, 2025

• Certain H-1B Workers Now Face $100K Fee to Enter U.S. Under President Trump's Proclamation

  September 21, 2025

• FTC Targets Healthcare Noncompetes, With Broader Implications for Employers

  September 18, 2025

• OSHA Says Heat Stress Prevention Remains Top Priority

  September 18, 2025

• Refusal to Accept Service Does Not Negate OSHA Citation

  September 18, 2025

• FTC Warns Healthcare Industry About Noncompete Clauses

  September 12, 2025

• EEOC Settlement Illustrates Position on Religious Accommodation Obligations

  September 11, 2025

• College Sports: Navigating the Antitrust Obstacle Course

  September 09, 2025

• FTC Prioritizes Aggressive Labor Market Enforcement With Focus on Noncompetes, Raising Antitrust Implications

  September 09, 2025

• Fourth Circuit Uses Prior Comments by Non-Decisionmaker to Reverse Dismissal of Discrimination Claim

  September 04, 2025

• Generalized Claims of Damages Foil Request for Trade Secrets Misappropriation Injunction

  September 04, 2025

• Ignoring OSHA Complaint Letters Can Result in On-Site Inspection

  September 04, 2025

• At-Will Employment Doctrine Blocks Suit by Employee Alleging Positive Drug Test Resulted From CBD Use

  August 29, 2025

• Doctor's Estimate Does Not Limit Amount of Unforeseeable Intermittent FMLA Leave

  August 29, 2025

• Fifth Circuit Says NLRB Removal Protections Violate Constitution 

  August 29, 2025

• OSHA Changes Penalty and Collection Policies 

  August 20, 2025

• EEOC Settlement Emphasizes Employees' Right to Discuss Salaries

  August 15, 2025

• Explaining the Current Law on Vaccine Mandates

  August 15, 2025

• Sixth Circuit Takes Restricted View of Employer Liability for Third-Party Harassment

  August 15, 2025

• Can Employees Refuse to Use Personal Smartphones for Work Tasks?

  August 07, 2025

• Decision to Terminate Employee Following Accommodation Requests Results in $24 Million Verdict

  August 07, 2025

• Employers Should Avoid Promises to Employees About Off-Premises Security

  August 07, 2025

• DOJ Issues Sweeping Memo on DEI Programming: What Education Leaders Need to Know

  August 04, 2025

• Department of Labor Launches New and Expanded Self-Audit Programs Related to Labor Law Compliance

  July 31, 2025

• Fourth Circuit Holds That Intervening Events Do Not Erase Retaliation Claims

  July 31, 2025

• Fourth Circuit Says Extended Absence for Post-Partum Depression Unreasonable Under ADA

  July 31, 2025

• OSHA Proposes Exclusion of Intrinsic Dangers From General Duty Clause Enforcement

  July 31, 2025

• Fourth Circuit Says Use of Noncompetes Indicates Employment Instead of Contractor Relationship

  July 25, 2025

• How to Address Applicants' Noncompetes During the Hiring Process

  July 25, 2025

• OSHA Proposes Eliminating Medical Evaluation Requirement for Some Respirators

  July 25, 2025

• Trump Administration Proposes Eliminating Funding for Chemical Safety Board

  July 18, 2025

• U.S. Labor Department Proposes Expanding FLSA Exemption for Home Care Services

  July 18, 2025

• U.S. Labor Department Will Not Seek Pre-Suit FLSA Liquidated Damages

  July 18, 2025

• Fourth Circuit Clarifies Employee's Obligation to Participate in ADA Interactive Process

  July 11, 2025

• Supreme Court Decision on Nationwide Injunctions Will Have Long-Term Impacts on Employers

  July 11, 2025

• How Newly Signed Federal Tax Legislation Impacts Higher Education Institutions

  July 09, 2025

• Georgia High Court Will Not Review Ruling Stripping Immunity From K-12 School Leaders

  July 07, 2025

• What Supreme Court Decision on Universal Injunctions, Birthright Citizenship Means for International Businesses

  July 03, 2025

• Supreme Court Upholds Parental Right to Opt Out of Certain School Curriculum on Religious Grounds

  June 30, 2025

• California Bill Would Limit Use of AI and Personality Testing in Workplace

  June 27, 2025

• Can Employers Fire Workers for Failure to Report Workplace Injuries?

  June 27, 2025

• Supreme Court Says ADA Does Not Cover Retiree's Benefits

  June 27, 2025

• At-Will Doctrine Still Applies to Disciplinary Action Following Employer Investigations

  June 20, 2025

• Muldrow Decision Should Result in Supervisor Training on Legal Risks From Workplace Changes

  June 20, 2025

• Supreme Court Says ADA Does Not Require Bad Faith Demonstration to Award Damages to Disabled Students

  June 20, 2025

• Legal Considerations for K-12 Leaders, Stakeholders After Historic NCAA Settlement to Compensate Student-Athletes

  June 18, 2025

• Fourth Circuit Says Blaming Union for Delay in Pay Increases Violates NLRA

  June 13, 2025

• New Florida Law Expands Employers' Ability to Use Noncompetes

  June 13, 2025

• Supreme Court Rejects Elevated Standard for Proving Reverse Discrimination Claims

  June 13, 2025

• Labor Department Shifts Positions on ESG Investments and Cryptocurrencies in 401(k) Plans

  June 05, 2025

• Supreme Court Denies Review of Statute of Limitations for Section 1981 Discrimination Claims

  June 05, 2025

• US Parent Not Liable for Employment Claims Brought Against Foreign Subsidiary

  June 05, 2025

• Department of Transportation English Proficiency Guidance Takes Effect in Late June

  May 30, 2025

• EEOC Ends Payments to State Agencies to Investigate Gender Identity and Disparate Impact Claims

  May 30, 2025

• Workers' Compensation Exclusivity Does Not Prevent Claims Against Employer's Officers as Landlords

  May 30, 2025

• Federal District Court Vacates EEOC Guidance on LGBTQ+ Discrimination

  May 23, 2025

• Most States Let Employers Recoup Wage Overpayments Without Employee Authorization

  May 23, 2025

• Unreasonable Delay in Granting Accommodation Can Violate ADA

  May 23, 2025

• Commission Plans Should Address Salespersons' Departure

  May 16, 2025

• OSHA Extends Heat Stress Enforcement Program, Despite Lack of Progress on National Rule

  May 16, 2025

• Supreme Court May Review Federal Courts' Power to Issue Nationwide Injunctions

  May 16, 2025

• ADA Does Not Excuse Disruptive Employee Behavior but May Require Accommodations to Help Avoid Outbursts

  May 09, 2025

• DOL Announces Abandonment of Independent Contractor Rule

  May 09, 2025

• New Virginia Law Prohibits Noncompete Agreements With Non-Exempt Employees

  May 02, 2025

• Shifting Eliminated Position's Duties to Nondisabled Workers Not Evidence of Discrimination

  May 02, 2025

• North Carolina Business Court Decision on Noncompetes and Trade Secrets Has Implications for Employers

  April 30, 2025

• President Trump Signs Order Ending Government Disparate Impact Investigations

  April 24, 2025

• Prompt Response to Alleged Student Harassment Helps Defeat Title IX and Related Claims

  April 24, 2025

• How to Handle a Deceased Employee's Final Pay

  April 18, 2025

• Should Employers Discipline Workers for Suspected Marijuana Use Without a Drug Test?

  April 18, 2025

• What EEOC Guidance Says About Temporary Staffing Agencies Sharing Employee Medical Information With Clients

  April 18, 2025

• Can Part-Time Employees Qualify for FLSA Overtime Exemptions?

  April 10, 2025

• Legal Considerations for Employers Contemplating Layoffs to Comply With Advance Notice Requirements

  April 10, 2025

• Wyoming Is the Latest State to Ban Employment Non-Competes

  April 10, 2025

• Disabled Employee Who Can Perform Job Still Entitled to Accommodations

  April 03, 2025

• Employer Liable for Unpaid Breaks Where Deduction Policy Was Never Clearly Explained

  April 03, 2025

• Seventh Circuit Says Non-Disabled Employee Entitled to Back Pay for Unlawful Medical Exam

  April 03, 2025

• How Employers Can Navigate New Joint Guidance From DOJ, EEOC on DEI and Workplace Discrimination

  March 27, 2025

• When Does an Employee's Anxiety Trigger ADA Accommodation Obligations?

  March 27, 2025

• Inclusion of Caste in EEO Policy Did Not Violate Employees' Constitutional Rights

  March 21, 2025

• North Carolina Bill Would Prohibit DEI Practices for Range of Employers

  March 21, 2025

• Settling OSHA Citations Requires Consideration of Multiple Factors

  March 21, 2025

• Impacts on K-12 and Higher Education After Trump Signs Executive Order Aimed at Eliminating the Department of Education

  March 20, 2025

• Could EEOC Cuts Result in More Discrimination Lawsuits?

  March 14, 2025

• Supreme Court Rejects Challenge to McDonnell Douglas Discrimination Claims Analysis

  March 14, 2025

• Supreme Court Will Not Review Challenge to Overtime Exemption Rules

  March 14, 2025

• Fourth Circuit Says Dishonesty on Pre-Employment Medical Questionnaire Justified Termination

  March 07, 2025

• FTC's Scrutiny of Unfair Labor Competition Includes Non-Competes

  March 07, 2025

• Reminder: Employers in North Carolina Must Give Advance Notice of One Pay Period for Salary Decreases

  March 07, 2025

• Eighth Circuit Reverses Dismissal of Challenge to PWFA Abortion Rules

  February 27, 2025

• How Employers Can Prepare for Handling Immigration Enforcement Raids in the Workplace

  February 27, 2025

• Will States Step Into Void Left by Federal Labor Agencies?

  February 27, 2025

• Fifth Circuit Declines Reconsideration of FLSA Salary Rule Decision

  February 21, 2025

• Lawmakers Raise Concerns About Deletion of OSHA Publications

  February 21, 2025

• NLRB Counsel Withdraws Non-Compete Memo

  February 21, 2025

• Customer Non-Solicitation Restrictions Face Increasing Scrutiny

  February 14, 2025

• Georgia and 16 Other States Challenge Constitutionality of Section 504

  February 14, 2025

• President Trump Suspends Enforcement of Foreign Corrupt Practices Act

  February 14, 2025

• What Employers Should Know About Executive Order on 'Illegal and Discriminatory DEI Efforts'

  February 14, 2025

• How Executive Order on Transgender Athletes Impacts Educational Institutions

  February 10, 2025

• Executive Order Halts OSHA Rulemaking

  February 06, 2025

• Third Circuit Upholds Verdict Against Home Health Agency Based on Employee Travel Time During Working Day

  February 06, 2025

• What Employers Can Expect From EEOC Personnel Changes

  February 06, 2025

• What President Trump's Order on 'Ending Radical Indoctrination' Means for K-12 Schools

  February 03, 2025

• Fourth Circuit Says Failure to Follow Policies Prevents Early Dismissal of Discrimination Claims

  January 31, 2025

• President Trump Revokes Order Requiring Affirmative Action by Federal Contractors

  January 31, 2025

• Will Trump Administration End Women and Minority-Owned Business Set Asides?

  January 31, 2025

• What Schools Need to Know About Immigration Enforcement Activities Under the New Presidential Administration

  January 27, 2025

• Supreme Court Clarifies Standard of Proof for FLSA Exempt Status

  January 24, 2025

• Supreme Court Lets Federal Contractor Minimum Wage Hike Stand

  January 24, 2025

• When Documentation Backfires: A Case Study From the Tenth Circuit

  January 24, 2025

• New Federal Campus Hazing Act Creates Reporting Requirements for Higher Education Administrators

  January 21, 2025

• Title IX Gender Equity Mandate Applies to NIL Activity, Department of Education Confirms

  January 17, 2025

• Sixth Circuit Says PTSD Related to Miscarriage Can Serve as Protected ADA Disability

  January 16, 2025

• Supreme Court Hears Arguments on ADA Retiree Discrimination Claims

  January 16, 2025

• Supreme Court to Hear Reverse Discrimination Appeal

  January 16, 2025

• What School Districts Need to Know About New Georgia Law on Benefit Requirements for PTSD

  January 13, 2025

• Fourth Circuit Cautions Employers on Deciding Legitimacy of Workers' Religious Beliefs

  January 10, 2025

• What a Potential EEOC Shift in Emphasis on Religious Discrimination Claims Could Mean for Employers

  January 10, 2025

• Will Artificial Intelligence Tools Help Enhance Workplace Safety?

  January 10, 2025

• OSHA Adopts New PPE Fit Requirements for Construction Industry

  December 20, 2024

• Sixth Circuit Expands FMLA to Include Care for Sibling When Employee Acts in Parental Role

  December 20, 2024

• Third Circuit Rejects Claims by New Jersey Applicant Who Failed Cannabis Test

  December 20, 2024

• NLRB Requires Clear Waiver of Rights in CBA to Avoid Bargaining Obligation

  December 13, 2024

• Noncompetes Included in Separation Agreements May Not Survive Legal Challenge

  December 13, 2024

• Supreme Court Denies Review of Fourth Circuit's 'Honest Belief' FMLA Defense

  December 13, 2024

• Abolishing the Department of Education: Can It Happen and How Would It Impact Schools?

  December 12, 2024

• DOL Proposes Eliminating Special Minimum Wage for Disabled Workers

  December 06, 2024

• Mandatory COVID Testing Did Not Violate Employee's Religious Beliefs

  December 06, 2024

• New York Court Ruling Highlights Risks of Noncompete and Non-Solicitation Restrictions in Health Care

  December 06, 2024

• Federal Court Blocks Labor Department's Rule on New FLSA Overtime Exemption Salary Level

  November 22, 2024

• OSHA Reports Drop in Fall and Trench Injury Incidents

  November 22, 2024

• What Legal Risks Employers Face When Using Artificial Intelligence Transcription Tools

  November 22, 2024

• Eleventh Circuit Says No Implied Right of Action for Employees Under Title IX

  November 15, 2024

• Employees Must Be Relieved of Duties to Exclude Meal and Break Times From Pay

  November 15, 2024

• NLRB Issues Two Decisions Limiting Management's Ability to Contest Unionization

  November 15, 2024

• Eleventh Circuit Says Title IX Does Not Allow Employment Discrimination Claims

  November 12, 2024

• FLSA Requires Pay for Commuting Time to and From Overnight Worksite

  November 07, 2024

• IRS Announces 2025 Dollar Limitations for Retirement Plans

  November 07, 2024

• Consumer Financial Protection Bureau Expresses Concerns About Use of Worker Profiling Data

  November 01, 2024

• EEOC: Employers Can't Require Proof of Validity for Religious Accommodation Requests

  November 01, 2024

• New York City Considers Allowing Paid Leave for Pet Care

  November 01, 2024

• EEOC Settles One of Its First Pregnant Workers Fairness Act Lawsuits With a Florida Resort

  October 25, 2024

• FTC Appeals Blocked Noncompete Rule

  October 25, 2024

• Legal Battles Over Pregnancy and Parental Leave Policies as Law Firms Face Litigation

  October 25, 2024

• EEOC Litigation Report Demonstrates Agency's Priorities

  October 18, 2024

• Ninth Circuit Upholds Montana Vaccination Status Discrimination Law

  October 18, 2024

• Upcoming FLSA Salary Increase Presents Options for Employers

  October 18, 2024

• Supreme Court Agrees to Review Reverse Sexual Orientation Discrimination Case

  October 11, 2024

• Supreme Court Declines Review of Fourth Circuit Age Discrimination Standards

  October 11, 2024

• NLRB Memo Outlines Stricter Enforcement of Noncompetes and 'Stay-or-Pay' Provisions

  October 10, 2024

• Employers May Modify or End Accommodations Based on Changes to Job

  October 04, 2024

• North Carolina Allows Employers to Recoup Wage Overpayments

  October 04, 2024

• Two New California Laws Affect Response to Union Organizing and Driver's License Requirements for Applicants

  October 04, 2024

• ADA Accommodation Obligation Requires Medical Necessity

  September 27, 2024

• Failure to Provide Honest Feedback to Disabled Worker Can Backfire Against Employer

  September 27, 2024

• FMLA Could Entitle Employee to Permanent Part-Time Work

  September 27, 2024

• Eighth Circuit Rejects Employees' Challenge to Equity Training

  September 20, 2024

• Fifth Circuit Rejects Challenge to Labor Department's Use of FLSA Salary Test

  September 20, 2024

• Georgia Governor's Executive Order Opens Door for Colleges to Compensate Student-Athletes for Name, Image, and Likeness

  September 20, 2024

• Restricting Remote Work Interfered With Employee's FMLA Rights

  September 20, 2024

• Eleventh Circuit Continues Trend in Finding Teachers Must Be Able to Work in Person

  September 13, 2024

• Fourth Circuit Rejects Employee's Claim That CBD Use Caused Positive Drug Test

  September 13, 2024

• Third Circuit Says Temporary Impairment Qualifies as ADA Disability

  September 13, 2024

• Employers Struggle With Election Politics Spillover Into Workplace

  September 06, 2024

• How Employers Should Navigate an Environment After FTC Noncompete Rule Was Struck Down

  September 06, 2024

• OSHA Issues Proposed Heat Injury and Illness Rule

  September 06, 2024

• Fifth Circuit Blocks Labor Department Tip Rule Citing Absence of Chevron Deference

  August 30, 2024

• OSHA Cites Convenience Store Following Robbery and Shooting

  August 30, 2024

• Split Sixth Circuit Panel Says Asthma Not a Protected ADA Disability

  August 30, 2024

• Fourth Circuit Finds Internal Complaint About Care Recommendations Supports Wrongful Discharge Claim

  August 23, 2024

• Fourth Circuit Nixes Arbitration Agreement at Bottom of Online Application Form

  August 23, 2024

• Failure to Provide Employee With Private Office May Have Violated ADA Accommodation Requirements

  August 16, 2024

• Fifth Circuit Considers Whether Labor Department Has Authority to Require Minimum Salary for Exemptions

  August 16, 2024

• Interview Exchange Leads to Unfair Labor Practice Claims

  August 16, 2024

• Georgia Supreme Court Broadens Open Records Act to Include Private Contractors

  August 14, 2024

• Employee's Failure to Engage on Accommodation Alternatives Dooms ADA Claims

  August 09, 2024

• First Circuit Reminds Employers That Inside Sales Positions Are Non-Exempt

  August 09, 2024

• Federal Courts Reaching Consensus on Religious Exemptions From Vaccine Mandates

  August 02, 2024

• National Labor Relations Board Reverses 2020 Union Election Results

  August 02, 2024

• Thorough Response to OSHA Complaint Letter Can Avoid Later Inspection

  August 02, 2024

• Ready, Set, Wait: Eleventh Circuit Grants Last-Minute Title IX Injunction in Southeastern States

  August 01, 2024

• Federal Court Declines to Expand Injunction Against FTC Noncompete Rules

  July 26, 2024

• Lawful Products Statutes Complicate Employers' Response to Employees' Claims of CBD Use

  July 26, 2024

• NLRB Waves White Flag on Expansion of Joint Employer Definition

  July 26, 2024

• Mandatory Unconscious Bias Training Did Not Violate Title VII

  July 19, 2024

• Third Circuit Sets Test for Wage Payment to College Athletes

  July 19, 2024

• Time Management Policies Can Mitigate New Overtime Obligations

  July 19, 2024

• Not (Just) in Kansas Anymore: Latest Title IX Preliminary Injunction Impacts Schools Nationwide

  July 18, 2024

• Considering an ADA Accommodation Does Not Require Employers to Make It

  July 12, 2024

• Federal Judge Issues Limited Injunction Against FTC's Noncompete Ban

  July 12, 2024

• OSHA Proposes Heat Hazard Rules

  July 12, 2024

• Eleventh Circuit Finds Father's Absences Pre-Delivery of Child Not FMLA Leave

  July 05, 2024

• Federal Court Denies Injunction Against New FLSA Overtime Exemption Salary Level

  July 05, 2024

• Chevron's Overruling Raises Questions Over OSHA's Regulatory Authority

  July 05, 2024

• Key Takeaways for Heavily Regulated Industries From the Supreme Court's Chevron Ruling

  June 28, 2024

• EEOC Releases Recommended Practices for Preventing Workplace Harassment in Construction Industry

  June 27, 2024

• How to Deduct From an Employee's Wages in North Carolina

  June 27, 2024

• Washington, DC Enacts New Wage Transparency Law

  June 25, 2024

• Supreme Court Accepts Review of Employer's Burden for Claiming FLSA Exemptions

  June 21, 2024

• US Supreme Court Applies Strict Test for NLRB Injunctions

  June 21, 2024

• Pressing Pause: Explanations and Next Steps for Title IX Administrators Following Preliminary Injunctions

  June 18, 2024

• The Department of Labor's New Overtime Rule Is Coming

  June 14, 2024

• On-Call Time Not Compensable if Employee Not Restricted

  June 07, 2024

• Procedural Disputes Continue in Challenges to FTC's Noncompete Rule

  June 07, 2024

• What Two Recent UAW Votes Say About Union Organizing Efforts in the Southeast

  June 07, 2024

• EEOC Sues 15 Employers for Failure to File Forms Related to Demographic Information

  May 30, 2024

• Employers Subject to Heat Stress Citations Even in Absence of Federal OSHA Standard

  May 30, 2024

• Guarantee of Fraction of Total Compensation Does Not Meet FLSA Salary Requirements

  May 30, 2024

• Employees Not Automatically Entitled to Attorneys' Fees Under North Carolina Wage and Hour Act

  May 23, 2024

• Should Employers Purchase Naloxone for Emergency Use?

  May 23, 2024

• Supreme Court Says Federal Courts Cannot Dismiss Suits Sent to Arbitration

  May 23, 2024

• Cumulative Burden of ADA Accommodation Requests Can Result in Undue Hardship

  May 17, 2024

• Employee Who Objected to COVID Mask Policy Not Regarded as Disabled Under ADA

  May 17, 2024

• New FLSA Salary Levels Unchanged for Computer Professionals

  May 17, 2024

• Eleventh Circuit Confirms That Service Charges Are Not FLSA Tips

  May 10, 2024

• What Physicians and Their Practices Need to Know About FTC's Noncompete Ban

  May 10, 2024

• What to Do When Your Termination Conference Ends Up on TikTok

  May 10, 2024

• EEOC Issues Long-Awaited Enforcement Guidance on Harassment in the Workplace

  May 03, 2024

• Fourth Circuit Reverses Dismissal of Age Discrimination Claim by Recent Hire

  May 03, 2024

• North Carolina Trade Secret Protections Laws Do Not Apply to Out-of-State Conduct

  May 03, 2024

• Labor Department Unveils Final Overtime Rule That Likely Impacts Your Business

  April 26, 2024

• Federal Trade Commission Approves Ban on Noncompetes. Here's What Happens Next.

  April 24, 2024

• New Title IX Rule Issued by U.S. Department of Education, With Implications for K-12 Schools

  April 19, 2024

• Supreme Court Finds Lateral Transfer Discriminatory Under Title VII

  April 19, 2024

• Supreme Court Says Arbitration Law Exemption Applies to Worker's Jobs and Not Company's Business

  April 19, 2024

• U.S. Department of Education Issues Final Title IX Regulations, With Implications for Higher Education Institutions

  April 19, 2024

• Lockout/Tagout Rules Require Safety Procedures for Each Machine

  April 12, 2024

• Managers Not Protected by NLRA Concerted Activity Rules

  April 12, 2024

• Non-Consensual Touching Not Comparable to Rude Employee Behavior

  April 12, 2024

• Basing Salary on Prior Pay Risks Discrimination Claim

  April 05, 2024

• California Legislator Introduces 'Right to Disconnect' From Work Bill

  April 05, 2024

• OSHA Finalizes Rule to Allow Union Reps to Take Part in Inspections

  April 05, 2024

• Fifth Circuit Finds Employee's Protest of COVID-19 Measures Protected Concerted Activity

  March 29, 2024

• Fourth Circuit Says ADA Plaintiff Must Show Ability to Perform Essential Job Functions

  March 29, 2024

• NC Supreme Court Sets Direct Connection Test for Workplace Injuries

  March 29, 2024

• U.S. Supreme Court Rejects Anti-Vaccine Case Appeal

  March 22, 2024

• U.S. Supreme Court Sets New Standards for Public Officials' Use of Social Media

  March 20, 2024

• DEI Training Videos Did Not Create Hostile Work Environment

  March 15, 2024

• Federal Court Throws Out NLRB's Joint Employer Rule

  March 15, 2024

• Keeping the Madness in Check: How to Keep Sports Gambling Under Control

  March 14, 2024

• Eleventh Circuit Won't Remove Block on Florida Anti-DEI Training Law

  March 08, 2024

• FMLA Requires Employers to Adjust Work Expectations

  March 08, 2024

• NLRB Continues Assault on Noncompete Agreements

  March 08, 2024

• Federal Court Delays Effective Date of NLRB Joint Employer Rule

  February 29, 2024

• New California Law Requires Notice to Employees About Void Noncompetes

  February 29, 2024

• Admission That Business Unit Was Closed Due to Employee's Disability Precludes Dismissal of ADA Claim

  February 23, 2024

• Can Miniature Horses Be in the Workplace?

  February 22, 2024

• Fourth Circuit Upholds Employer's Denial of Remote Work During Pandemic

  February 16, 2024

• Supreme Court Says Whistleblowers Do Not Need to Prove Retaliatory Intent

  February 16, 2024

• Are Miniature Horses Service Animals?

  February 15, 2024

• Claims of Hostile Work Environment Happened Over Too Long a Period, Court Rules

  February 09, 2024

• NLRB Holds That College Basketball Players Are 'Employees'

  February 09, 2024

• OSHA Proposes New Safety Standard for First Responders

  February 09, 2024

• What K-12 Schools Need to Know About Georgia's New Antisemitism Law and Other Federal Guidance on Religious Harassment

  February 08, 2024

• Above Average Injury Rates Can Lead to Severe Violator Designation

  February 02, 2024

• Nanny Must Live in Client's Home to Qualify for Overtime Exemption

  February 02, 2024

• Proposal Would Prevent Government Contractors From Using Pay History in Setting Compensation

  February 02, 2024

• EEOC Settlement of Flu Vaccine Mandate Shows Effect of New Religious Discrimination Standard

  January 25, 2024

• OSHA Increases Civil Penalty Amounts Based on Inflation

  January 25, 2024

• When Can an Employer Claim Ownership of Employees' Social Media Accounts?

  January 25, 2024

• Biometric Screening Can Result in ADA, Title VII Claims

  January 19, 2024

• Fourth Circuit Says ADA Does Not Require Employers to Reallocate Nonessential Work Functions

  January 19, 2024

• Internal Employee Grievance Committees Can Violate Federal Labor Laws

  January 19, 2024

• OSHA Continues Expansion of Severe Violator Program

  January 12, 2024

• Healthy Workplace Proposals Would Expand Definition of Prohibited Harassment

  January 11, 2024

• Here We Go Again: Labor Department Adopts Final Rule on Independent Contractors

  January 11, 2024

• EEOC Settles Claim That Worker Suffering From Depression Was Fired Over Safety Concerns

  January 05, 2024

• Fourth Circuit Says ADA Accommodation Request Must Relate to Employee's Medical Condition

  January 05, 2024

• New Year Promises Challenges to Employer DEI Programs

  January 05, 2024

• Confidential Information Agreement Adds Layer of Protection From Misuse of Proprietary Business Data

  December 15, 2023

• Federal Judge Recommends Dismissal of Suit Claiming State Regulator Rewards Inspectors for Citations

  December 15, 2023

• Training Repayment Agreements Raise Legal Risks for Employers

  December 15, 2023

• Americans With Disabilities Act Tester Challenge Dropped by Supreme Court

  December 08, 2023

• Business Owner Who Failed to Turn Over Pay Records Ordered to Prison

  December 08, 2023

• Second Circuit Rejects Religious Discrimination Claim Based on COVID-19 Vaccination Mandate

  December 08, 2023

• Another Federal Court Finds In-Person Teaching Essential Function Under Americans With Disabilities Act

  December 01, 2023

• Executive's Race Bias Claim Over Termination for Podcast Comments Tossed by Fourth Circuit

  December 01, 2023

• North Carolina Court of Appeals Limits Grounds for Review of Noncompete Injunction Denial

  December 01, 2023

• Ah-Choo! Co-Workers' Allergic Reaction to Service Dog in Workplace Impacts Accommodation Claim

  November 17, 2023

• Home Healthcare Agency Pays Over $500K Based on Worker Misclassification

  November 17, 2023

• In-Person Teaching Is Essential Job Function Under Americans With Disabilities Act

  November 17, 2023

• Cooperation Trend Continues: OSHA and NLRB Announce Joint Enforcement Agreement

  November 10, 2023

• How Employers Can Navigate Return to Office as Workers Seek Remote Accommodations

  November 10, 2023

• Labor Department Continues to Pursue Restaurant Owners for Illegal Tip Pools

  November 10, 2023

• AI Credibility Judgment Tool Prompts Lawsuit Over Lie Detector Use

  November 03, 2023

• IRS Announces 2024 Dollar Limitations for Retirement Plans

  November 03, 2023

• NLRB Finalizes Joint Employer Rule

  November 03, 2023

• Employer Justified in Terminating Manager Over Disparaging Mask Mandate Comments

  October 27, 2023

• Fourth Circuit Rejects Comparator Evidence in Equal Pay Claim

  October 27, 2023

• Reminder: OSHA Electronic Reporting Requirements Take Effect in 2024

  October 27, 2023

• How School Districts Can Avoid Common Errors That Lead to Reversals in Student Discipline Appeals

  October 25, 2023

• Employees Can Maintain FLSA Claims Without Detailing Hours Worked

  October 20, 2023

• Heat Exposure Claims Not Limited to Outdoor Workers

  October 20, 2023

• Recent Complaints Illustrate Reverse Discrimination Issues

  October 20, 2023

• Eleventh Circuit Sets High Bar for Politically and Racially Disparaging Comments to Support Harassment Claim

  October 13, 2023

• New EEOC Guidance Explains Agency's Position on Developing Harassment Claims

  October 13, 2023

• Private Equity Firm's De Facto Control Over Employer May Lead to Liability Over Termination Notices

  October 13, 2023

• Requiring Employees to Discover Source of Alleged Fraud Does Not Violate Sarbanes-Oxley

  October 06, 2023

• Supreme Court to Review Scope of Arbitration Exclusion for Transportation Workers

  October 06, 2023

• What a More Coordinated Enforcement Approach by EEOC, Labor Department Means for Employers

  October 06, 2023

• How a Government Shutdown Would Impact Federal Immigration Services

  September 28, 2023

• Labor Department and Federal Trade Commission Announce Collaboration Initiative

  September 28, 2023

• OSHA Program Means More Inspections for Warehouse and Distribution Facilities

  September 28, 2023

• Navigating the Intersection of Religion and Public Schools

  September 25, 2023

• Administrative Exemption under FLSA Excludes Revenue-Generating Positions

  September 22, 2023

• North Carolina Appellate Court Says Termination for Discussing Investigation Is Not REDA Retaliation

  September 21, 2023

• Business Owner Pleads Guilty to Manslaughter Charges Following Fatal Trench Collapse

  September 15, 2023

• NLRB Files Complaint Over Employer's Use of Noncompetes and Reimbursement Requirements

  September 15, 2023

• Intermittent Extended Leave for Stress and Anxiety Raises Difficult Issues for Employers

  September 14, 2023

• Labor Department Proposes Raising FLSA Overtime Exemption Salary Minimum to $55K

  September 08, 2023

• OSHA Proposal Would Allow Union Reps and Others to Participate in Workplace Inspections

  September 08, 2023

• Two New NLRB Decisions Expand Labor Rights for Non-Unionized Workers

  September 08, 2023

• NLRB Streamlines Union Election Procedures

  September 01, 2023

• Employee's PTSD Diagnosis May Excuse Violation of Disciplinary Policies

  September 01, 2023

• Sixth Circuit Rejects Constitutional Challenge to OSHA's Rulemaking Authority

  August 31, 2023

• Federal Appeals Court Overturns Decades-Old Precedent on Workplace Discrimination Claims

  August 24, 2023

• Fourth Circuit Recognizes 'Equal Opportunity Harasser' Defense

  August 24, 2023

• Minor Medical Conditions Can Be Dismissed in Disability Lawsuits

  August 24, 2023

• Can OSHA Regulate the Pace of Work to Enforce Ergonomic Safety?

  August 18, 2023

• EEOC Reminds Employers of Limits on Workplace Proselytizing

  August 18, 2023

• Clocking In: What Employers Need to Watch for in Recent Court Decision on Unpaid Working Time

  August 17, 2023

• EEOC Takes Step to Implement Regulations Around Workplace Pregnancy Accommodations

  August 10, 2023

• Employees on Extended Leave Can Be Required to Make Up Missed Work

  August 10, 2023

• New NLRB Standard Places Greater Scrutiny on Employers' Workplace Rules

  August 10, 2023

• Another Federal Appeals Court Rules Employers Have Duty to Accommodate an Employee's Commute in Some Circumstances

  August 04, 2023

• Fourth Circuit Says Negligence Not Grounds for Awarding Additional Year of FLSA Overtime Pay

  August 04, 2023

• ADA May Require Employer to Provide ASL Interpreter for Routine Meetings

  July 28, 2023

• Fourth Circuit Affirms Rejection of FMLA Retaliation Claims

  July 28, 2023

• Proposed OSHA Rule Requires Proper Fit for PPE Used in Construction Industry

  July 28, 2023

• Federal Court Rejects Challenge to DOL Tip Credit Rule

  July 21, 2023

• Prior Harassment Complaint Did Not Relieve Employee of Duty to Complain About Subsequent Behavior

  July 21, 2023

• Can Employee Affinity Groups Result in Discrimination Claims?

  July 20, 2023

• California Supreme Court Says Employers Not Liable for COVID-19 Spread to Employees' Family Members

  July 14, 2023

• Fourth Circuit Says ADA Does Not Give Employee Right to 'Redefine Job'

  July 14, 2023

• Now What? Practical Tips for Colleges After U.S. Supreme Court's Affirmative Action Ruling

  July 11, 2023

• New Legal Standard for Religious Accommodations Raises Questions Over Non-Economic Impacts of Requests

  July 07, 2023

• OSHA Continues Development of Heat Standard

  July 07, 2023

• U.S. Supreme Court Agrees to Hear Case on Whether Lateral Transfer Is Basis for Discrimination Claim

  July 07, 2023

• U.S. Supreme Court Adopts Substantial Cost Standard for Religious Accommodation Decisions

  June 29, 2023

• U.S. Supreme Court Puts Lawsuits on Hold Pending Appeal of Arbitration Agreements

  June 29, 2023

• Federal Appeals Court Upholds Bostock Exemption for Religious Nonprofits

  June 22, 2023

• New Pregnancy Accommodation Law Takes Effect June 27

  June 22, 2023

• Ninth Circuit Says Explicit Lyrics Can Create Hostile Work Environment

  June 16, 2023

• NLRB Narrows Definition of Independent Contractor Under Federal Labor Laws

  June 16, 2023

• Third Circuit Revives Harassment Claim Involving Harassment by Psychiatric Center Patient

  June 16, 2023

• Eighth Circuit Says Employer Not Obligated to Allow Service Dog at Work

  June 09, 2023

• New York City Adds Weight and Height to Protected Classes for Employment Purposes

  June 09, 2023

• SCOTUS Opens the Door to Increased Union Liability for Strike Damages

  June 08, 2023

• EEOC Issues Guidance on Title VII and Employment Decisions Made by AI

  June 01, 2023

• Fourth Circuit Rejects Retaliation Claim Based on ‘Personal Gossip'

  June 01, 2023

• Noncompetes Violate Federal Labor Law, Says National Labor Relations Board's General Counsel

  June 01, 2023

• Fourth Circuit Allows Suit Alleging NCOSHA Citations Incentives to Proceed

  May 26, 2023

• North Carolina Court of Appeals Upholds Use of Noncompete by Distressed Business

  May 26, 2023

• EEOC Issues Guidance on the Pregnant Workers Fairness Act

  May 18, 2023

• North Carolina Federal Court Dismisses Pregnant Employee's Discrimination Claim

  May 18, 2023

• The PUMP Act – Nursing Mothers and the Workplace

  May 18, 2023

• NLRB Reverses Standard for Firing Employees Who Engage in Labor Confrontations

  May 12, 2023

• Would the FTC's Noncompete Ban Prohibit Signing and Relocation Bonus Clawbacks?

  May 12, 2023

• Appeals Court Reopens Door for Injunction to Stop the New Tip Rule

  May 05, 2023

• Implications of the Justice Department's Latest Defeat in No-Poach Trial

  May 05, 2023

• U.S. Government Rolls Back Mandatory COVID-19 Vaccination Requirements

  May 04, 2023

• Fourth Circuit Delays Arguments in Religious Discrimination Case for Pending Supreme Court Decision

  April 28, 2023

• Ninth Circuit Upholds Federal Contractor Vaccine Mandate

  April 28, 2023

• USCIS Proposes Historic Fee Increase for Immigration Applicants

  April 28, 2023

• Fourth Circuit Reaffirms Employer's Right to Make Medical Inquiries

  April 27, 2023

• Should Restaurants Treat Service Charges the Same as Tips?

  April 21, 2023

• U.S. Supreme Court Appears Poised to Change Standard for Religious Accommodations

  April 21, 2023

• Would Your HR Staff Recognize Lesser-Known Biases That Can Lead to Discrimination Claims?

  April 21, 2023

• Multiple States Considering Legislation to Ban Weight Discrimination in Employment

  April 14, 2023

• OSHA Cites Dollar General Again for Alleged Fire Hazards

  April 14, 2023

• North Carolina Supreme Court Says State Courts Have Jurisdiction Over Claims From Remote Worker

  April 13, 2023

• Fourth Circuit Says Employer Must Give WARN Notice for Delay in Plant Closing

  April 07, 2023

• NLRB Takes Aim at Employee Separation Agreements

  April 06, 2023

• North Carolina Appellate Court Finds Exception to Workers' Comp Exclusivity Based on Alleged Willful Conduct

  April 06, 2023

• North Carolina Business Court Dismisses Overbroad Noncompete

  March 30, 2023

• DOL Says Intermittent FMLA Leave Can Result in Permanent Schedule Change

  March 24, 2023

• EEOC Settlement Requires Employer To Recode AI Recruiting Tool

  March 24, 2023

• Second Circuit Affirms Dismissal of Religious Discrimination Claim From Employee Who Refused LGBTQ Training

  March 24, 2023

• OSHA Refers Child Labor Discoveries to Wage and Hour Division

  March 17, 2023

• Sixth Circuit Says Private Employers Not Subject to First Amendment Claims From Anti-Vax Workers

  March 16, 2023

• Electronic Monitoring of Remote Workers Raises Labor Law Compliance Questions

  March 10, 2023

• Return of Warm Weather Means Employers Should Consider Heat Illness Prevention Plans

  March 10, 2023

• Statistics on Average Age of Employees Selected for Reduction in Force Helps Reverse Dismissal of Discrimination Claim

  March 10, 2023

• DOL Announces Child Labor Enforcement Initiative

  March 03, 2023

• Seattle Adds Caste to Anti-Discrimination Ordinance

  March 03, 2023

• NLRB Reinstates Prior Position Regarding Use of Confidentiality and Non-Disparagement Provisions in Severance Agreements

  February 24, 2023

• Supreme Court Says White Collar Exemptions Require Payment of a Salary, Even for Highly Compensated Workers

  February 24, 2023

• Dobbs Decision May Eliminate Anti-Vax Claims of Right to Bodily Autonomy

  February 17, 2023

• End of National Health Emergency Could Trigger Tax Liabilities for Remote Workers

  February 17, 2023

• EEOC Holds Hearing on Use of AI in Employment Decisions

  February 10, 2023

• Repeat Fall Protection Violations Result in $687K Penalty

  February 10, 2023

• Acknowledgment of Salary Plan Constitutes Understanding of Fluctuating Workweek Pay

  February 03, 2023

• Fourth Circuit Says Same Title and Similar Duties Alone Do Not Prove Equal Pay Act Violation

  February 03, 2023

• Lawsuit to Enjoin OSHA Violations Ends When Agency Finds No Violations

  February 03, 2023

• Employer Not Obligated to Immediately Inform Employee of Possible Alternative ADA Accommodations

  January 27, 2023

• Federal Court Rejects Claims by Employees Allegedly Fired for Wearing BLM Masks

  January 27, 2023

• USCIS Agrees to Bundle Adjudications of H-4/H-4 EADs and L-2 Dependent Applications

  January 27, 2023

• Amid Twitter Severance Controversy, Practical Tips on Release Agreements

  January 20, 2023

• Federal Appeals Ruling Shows FLSA Exemption May Be Narrower Than You Think

  January 20, 2023

• U.S. Supreme Court to Reconsider Test for Workplace Religious Accommodations

  January 20, 2023

• Does Reasonable Suspicion Marijuana Testing Make Sense for Employers?

  January 13, 2023

• Employer's Alleged Refusal to Provide Schedule Changes Results in Jury Trial

  January 13, 2023

• FTC Proposes Nationwide Ban on Noncompetition Agreements

  January 13, 2023

• Fifth Circuit Backs Block on Contractor Vaccine Mandate

  January 06, 2023

• Pregnant and Nursing Employees Receive New Protections From Congress

  January 06, 2023

• DOL Removes Certain Restrictions on ESG Considerations in ERISA Plan Investment Management

  December 16, 2022

• NLRB to Award Compensatory Damages for Labor Law Violations

  December 16, 2022

• North Carolina Noncompetes – What is Legal "Consideration?"

  December 16, 2022

• New Legislation Limits Use of Confidentiality Agreements to Prevent Discussion of Sexual Harassment

  December 09, 2022

• Employee Approved for Intermittent FMLA Leave Only Needs to Provide General Notice of Need for Absences

  December 02, 2022

• Fourth Circuit Says Infrequent but Repeated Comments Can Create a Hostile Working Environment Based on Race

  December 02, 2022

• Remote Work Policies Should Contain Provisions for ADA Accommodations

  November 18, 2022

• Second Circuit Rejects Employee's Claim That Medical Condition Prevented Ability to Release Claims

  November 18, 2022

• Supreme Court Case on Highly Compensated Employees Will Test Limits of FLSA Salary Test

  November 18, 2022

• Increasing Use of Biometric Information Raises Legal Issues for Employers

  November 11, 2022

• NLRB Reinstates Pre-2020 Union Election Rules

  November 11, 2022

• OSHA Adds $2.7 Million in Fines One Month After Assessing Employer for $1.6 Million

  November 11, 2022

• DOL Announces Settlement of Three Lawsuits Against Assisted Care Facilities Alleging Unpaid Overtime

  November 04, 2022

• OSHA Cites Employer for $1.2 Million Following Alleged Willful and Repeat Violations

  November 04, 2022

• Should Employers Use FMLA Medical Certification Forms for Non-FMLA Eligible Employees?

  November 04, 2022

• EEOC Issues New Mandatory "Know Your Rights" Workplace Discrimination Poster

  October 28, 2022

• IRS Announces 2023 Dollar Limitations for Retirement Plans

  October 28, 2022

• "Forced Retirement" and Employers' Obligations Under ADEA

  October 21, 2022

• Employer Justified in Terminating Employees Who Hosted Christmas Party During COVID-19

  October 21, 2022

• Supreme Court Declines to Resolve Circuit Split Over Discouraging Use of FMLA Leave

  October 21, 2022

• Department of Labor Proposes New Contractor Rule

  October 14, 2022

• Fourth Circuit Affirms High Standard for Constructive Discharge

  October 14, 2022

• New California Law Provides Bereavement Leave Rights

  October 14, 2022

• Alleged Attempt to Change Business' Demographics Deemed Direct Evidence of Discrimination

  October 07, 2022

• EEOC Settles Lawsuit With Staffing Agency Over Alleged Discriminatory Practices

  October 07, 2022

• Eleventh Circuit Dismisses Suit Against Defense Counsel for Criminal Referral of Employee

  October 07, 2022

• 2023 Bonus Plans Should Set Forth Specific Qualification Terms

  September 30, 2022

• Employers May Be Reluctant to Reduce Headcount to Address Business Slowdown

  September 30, 2022

• Forensic Computer Analysis Serves as Basis for Injunction Against Use of Confidential Information

  September 30, 2022

• Motive Behind Employer's Investigation Determines Retaliation Question

  September 23, 2022

• New California Law Will Prohibit Employment Discrimination Based on Off-duty Marijuana Use

  September 23, 2022

• OSHA Expands Severe Violator Enforcement Program

  September 23, 2022

• Businesses With California Employees May Face New Data Privacy and Security Requirements

  September 16, 2022

• Is Commuting Time Compensable for a Remote or Hybrid Employee?

  September 16, 2022

• States Continue to Expand Paid Sick and Parental Leave Benefits

  September 16, 2022

• Federal Court Upholds Employer's Ability to Limit Light Duty to Workers' Comp Situations

  September 09, 2022

• NLRB Continues Political Tennis Match by Reversing Joint Employer Rule

  September 09, 2022

• North Carolina Supreme Court Reluctant to Intervene in Church Dispute

  September 09, 2022

• Federal Courts Reject a Union's Attempt to Force OSHA to Issue New COVID-19 Rules

  September 02, 2022

• Fourth Circuit Says Racial Slur From Owner's Six-Year-Old Son is Evidence of Offensive Working Environment

  September 02, 2022

• New Federal Court Decisions Continue Vaccine Mandate Debates

  September 02, 2022

• Does a Facebook Message Satisfy FMLA Notice Requirements?

  August 26, 2022

• North Carolina Supreme Court Says Internal Investigations Conducted by Attorneys May Not Be Privileged

  August 26, 2022

• Overtime Rules Require Addition of Incentive Compensation to Regular Rate

  August 26, 2022

• ADA Only Allows Interference Claims Against Employers

  August 19, 2022

• Fourth Circuit Panel Finds Gender Dysphoria Covered Under ADA

  August 19, 2022

• Updated CDC Guidance Changes Employer Approach Toward Workplace COVID-19 Prevention

  August 19, 2022

• Employers Should Provide FMLA Leave Even if Employee is Unlikely to Return to Work

  August 12, 2022

• How Should Employers Respond to the Monkeypox Outbreak?

  August 12, 2022

• The Changing Workplace: Work From Home Accommodations

  August 12, 2022

• Above-Average Performance Reviews Counter Employer's Grounds for Termination

  August 05, 2022

• Employees Confronting Shoplifters Can Result in Significant OSHA Citations

  August 05, 2022

• OSHA Announces Enhanced Enforcement Following Increase in Construction Fatalities

  August 05, 2022

• ADA Allows Employers To Discipline Employees For Behavior Caused By Medical Conditions

  July 29, 2022

• D.C. Appellate Court Upholds DOT Driver Hours of Service Rules

  July 29, 2022

• I-9 Update - USCIS Ends Temporary Policy on List B Document

  July 29, 2022

• North Carolina Court Says State Disability Rights Law Does Not Preclude Wrongful Discharge Action

  July 29, 2022

• EEOC Changes Technical Guidance on Employer COVID-19 Testing

  July 22, 2022

• EEOC Guidance Says Medical Exemptions to Vaccination Mandates Can Only Be Denied Based on Direct Threat

  July 22, 2022

• New COVID-19 Vaccine May Provide Option for Religious Objectors

  July 22, 2022

• EEOC Settles With Employer That Collected Family COVID-19 Test Results

  July 15, 2022

• Noncompetes Require Careful Consideration in North Carolina

  July 15, 2022

• OSHA Warns Southeast Employers About Heat Stress Dangers

  July 15, 2022

• Federal Court Decision Holds Delta-8 Not Considered Marijuana Under Federal Law

  July 01, 2022

• Fourth Circuit Concludes That Non-Sexual Hugs and Kisses Don't Constitute a Hostile or Offensive Work Environment

  July 01, 2022

• Fourth Circuit Says USERRA Requires Reinstatement to Equivalent but Not Identical Position

  July 01, 2022

• Asking Employees About Salary Expectations Could Lead to Discrimination Claims

  June 24, 2022

• Fifth Circuit Says "WARN" Act Natural Disaster Exception Does Not Include COVID-19 Pandemic

  EmployNews
  June 24, 2022

• Must Employers Ignore Positive Drug Tests Caused By CBD Use?

  EmployNews
  June 24, 2022

• How Should Employers Address Refusal to Sign Disciplinary Warning?

  June 17, 2022

• Microsoft Policy May Foreshadow Shifts in Employment Relationship

  June 17, 2022

• New OSHA Heat Exposure Enforcement Program Impacts Wide Range of Employers

  June 17, 2022

• Discouraging FMLA Leave Violates the Family and Medical Leave Act

  EmployNews
  June 10, 2022

• EEOC Issues Guidance on Artificial Intelligence and Americans with Disabilities Act Compliance

  EmployNews
  June 10, 2022

• South Carolina Drastically Limits Private Employer Vaccine Mandates

  June 03, 2022

• Third Circuit Says Shift Swap Offer is Not a Type of Reasonable Accommodation of Employees' Religious Beliefs

  June 03, 2022

• EEOC Holds Hearing on Discrimination in Construction Industry

  May 27, 2022

• Supreme Court Says Employer Can Waive Arbitration Agreement Without Prejudice to Employee

  May 27, 2022

• DOJ ADA Accessibility Guidance May Prompt Companies to Redesign Websites

  May 20, 2022

• DOL Warns Employers About Including Cryptocurrency in 401(k) Plan Investment Options

  May 20, 2022

• USCIS Extends Validity Periods on Employment Authorization Cards

  May 20, 2022

• ADA-Covered Disability Does Not Need to be Long Term

  May 13, 2022

• Delivery Drivers Not Excluded from Federal Arbitration Act Coverage

  May 13, 2022

• I-9 Requirement Flexibility Extended Through October 31, 2022

  May 13, 2022

• OSHA's Response to Amazon Warehouse Tornado Cautions Employers Over Need to Enhance Emergency Planning

  May 06, 2022

• Supreme Court Agrees to Hear Case Involving Need to Pay Highly Compensated Employee on Salaried Basis

  May 06, 2022

• Federal OSHA Threatens Arizona with Loss of State Enforcement Authority

  April 29, 2022

• Fourth Circuit Invalidates Arbitration Agreement Contained in Employee Handbook

  April 29, 2022

• Must Employers Pay Accrued Sick Leave to Departing Employees?

  April 29, 2022

• Kentucky Jury Awards Former Employee $450,000 Over Unwanted Birthday Party

  April 22, 2022

• OSHA Launches National Enforcement Program for Heat Stress

  April 22, 2022

• Tesla Still Liable for Racially Hostile Work Environment

  April 22, 2022

• CBD May Result in Positive Test Results for THC

  April 15, 2022

• Must Companies Reimburse Employees for Home Office Expenses?

  April 15, 2022

• South Carolina Revenue Department Announces End to Relief from Withholdings for Telecommuting Employees

  April 15, 2022

• Discussion of Employee's Impending Retirement Not Evidence of Age Discrimination

  April 08, 2022

• Encouraging Developments in Immigration Application Processing

  April 08, 2022

• Supreme Court Limits Federal Jurisdiction over Arbitration Awards

  April 08, 2022

• Fifth Circuit Agrees That One Use of the "N-Word" Can Create a Racially Hostile Work Environment

  April 01, 2022

• North Carolina Supreme Court Says Employee Who Left Work Due to Medical Condition Cannot Collect Unemployment Benefits

  April 01, 2022

• Federal Court Says DOL Improperly Withdrew Trump-Era FLSA Independent Contractor Rules

  March 25, 2022

• Fourth Circuit Limits Definition of Adverse Employment Action

  March 25, 2022

• House Passes Bill Prohibiting Hairstyle Discrimination in Employment

  March 25, 2022

• Does "MAGA" Attire at Work Create Racially Hostile Environment?

  March 18, 2022

• Tenth Circuit Case Points Out the Need for Employment Due Diligence in Merger and Acquisition Deals

  March 18, 2022

• Termination a Few Days After Return From FMLA Leave Did Not Violate Employee's Rights

  March 18, 2022

• EEOC Revises Guidance on Religious Accommodations to Vaccination Mandates

  March 11, 2022

• North Carolina OSHA Repeals COVID-19 Emergency Rules for Health Care Employers

  March 11, 2022

• CDC Modifies Mask Guidance

  March 04, 2022

• Fourth Circuit Chips Away at North Carolina's Employment At-Will Doctrine for Arbitrations

  March 04, 2022

• Seizure Disorder was ADA Direct Threat for Rescission of Offer

  February 25, 2022

• Tenth Circuit Says Regular Attendance is ADA Essential Job Function

  February 25, 2022

• Drop the Mask? Not So Fast

  February 18, 2022

• New Law Prohibits Use of Mandatory Arbitration Agreements in Sexual Misconduct Claims

  February 18, 2022

• OSHA COVID-19 Rules for Health Care Industry Remain in Effect in North Carolina

  February 18, 2022

• Are NCAA Athletes Employees?

  February 11, 2022

• Carefully Evaluate Evidence Before Concluding FMLA Fraud

  February 11, 2022

• Fourth Circuit Says Employee's Inability to Work Dooms ADA Claim

  February 04, 2022

• Religious Accommodation Requests Not Limited to Vaccination Mandates

  February 04, 2022

• Reminder: Employees' Use of N95 or KN95 Masks May Trigger OSHA Respirator Requirements

  February 04, 2022

• Federal Judge Puts Vaccine Mandate for Federal Employees on Hold

  January 28, 2022

• U.S. Supreme Court Says Retirement Plan Must Scrutinize Expenses Even if It Offers Lower-Fee Options

  January 28, 2022

• Federal Judge Puts Vaccine Mandate for Federal Employees on Hold

  January 27, 2022

• OSHA Withdraws COVID-19 Vaccinate-or-Test Rules

  January 27, 2022

• FMLA Does Not Require Leave Following a Relative's Death

  January 21, 2022

• FMLA Does Not Require Leave Following a Relative's Death

  January 21, 2022

• Fourth Circuit Backs Detailed Medical Inquiry for Safety-Sensitive Job

  January 21, 2022

• Fourth Circuit Backs Detailed Medical Inquiry for Safety-Sensitive Job

  January 21, 2022

• Will OSHA Seek to Enforce COVID-19 Safety Standards?

  January 20, 2022

• Avoiding Jerk Bosses Can Also Help Reduce Legal Risks

  January 14, 2022

• Sixth Circuit Refuses to Lift Stay on Federal Contractor Vaccination Mandate

  January 14, 2022

• U.S. Supreme Court Rejects Vaccinate-or-Test Rule for Many Employers, Upholds Mandate for Health Care

  January 13, 2022

• States May Have Different Deadlines for OSHA's Mandatory Vaccinate-or-Test Rule

  January 06, 2022

• Forensic Search of Employee's Work Computer Leads to Retaliation Claim

  December 30, 2021

• The Rise and Fall of OSHA's Health Care Emergency Temporary Standard

  December 30, 2021

• U.S. Supreme Court to Review OSHA's COVID-19 Vaccinate-or-Test Mandate

  December 30, 2021

• OSHA Calls Out Employer for History of Safety Violations

  December 20, 2021

• Federal Vaccinate-or-Test Requirement Now Scheduled to Impact Many Workplaces in Three Weeks

  December 19, 2021

• COVID-19 Vaccine Mandate for Health Care Industry Remains on Hold in South Carolina and Georgia But Not North Carolina

  December 17, 2021

• EEOC Updates Guidance on When COVID-19 Can Count as a Protected Disability

  December 17, 2021

• U.S. Supreme Court Rejects Challenge to New York Health Care Vaccine Mandate

  December 17, 2021

• S.C. Supreme Court Finds False Reports Resulting in Termination of At-Will Employee Can Result in Legal Liability

  December 16, 2021

• If a Supervisor Ignores Safety Policies, Is the Employer Still Liable for OSHA Citations?

  December 13, 2021

• Demote an Employee After a Positive Performance Review? Federal Appeals Court Says Not So Fast

  December 10, 2021

• District Court Puts Federal Contractor Vaccination Mandate on Hold Across the Country

  December 10, 2021

• Federal Judges Put Mandatory Vaccination Rules on Hold for Health Care Providers and Federal Contractors

  December 03, 2021

• Fourth Circuit Affirms Dismissal of WARN Suit Against Non-Employer Project Owner

  December 03, 2021

• Labor Department Finalizes Increase in Minimum Wage for Federal Contractors to $15 Per Hour

  December 03, 2021

• North Carolina Court Says OSHA Appeal Requires Clear Written Request From Employer

  November 19, 2021

• South Carolina OSHA Adopts COVID-19 Health Care Rules

  November 19, 2021

• How Should Employers Bargain With Unions Over OSHA's Vaccinate-or-Test Mandate?

  November 18, 2021

• OSHA's Vaccinate-or-Test Standard Is Delayed. What About Health Care Employers?

  November 18, 2021

• Federal Appeals Court Won't Delay New York Vaccine Mandate for Health Care Workers

  November 12, 2021

• IRS Announces 2022 Dollar Limits for Retirement Plans

  November 12, 2021

• OSHA's COVID-19 Rule Reminds Employers About New ‘Mini-Respirator' Compliance Program

  November 12, 2021

• Exemptions, Deadlines, and Other Details From the Federal Government's New Vaccination Requirement for Many Health Care Providers

  November 11, 2021

• New OSHA COVID-19 Rule Changes Reporting Requirements for Hospitalizations and Deaths

  November 11, 2021

• Digging Into the Details of the New Federal Vaccinate-or-Test Requirement Impacting Many Workplaces

  November 04, 2021

• Federal Government Issues COVID-19 Vaccination Requirements for Many Health Care Providers

  November 04, 2021

• U.S. Government Applies Vaccination Requirement to Border Crossings

  November 04, 2021

• EEOC Issues New Guidance on Religious Objections to COVID-19 Vaccine Mandates

  October 29, 2021

• First Circuit Upholds State's Mandatory Vaccine Order for Health Care Workers

  October 29, 2021

• Eleventh Circuit Says Employers Using Fluctuating Workweek Can Pay Bonuses and Holiday Shift Premium

  October 28, 2021

• U.S. Government Replaces Country-Specific Travel Bans With Overarching Vaccination Requirement

  October 28, 2021

• EEOC Updates Guidance on Vaccine Mandates and Employers' Other COVID-19 Questions

  October 21, 2021

• Federal Government Moves to Revoke South Carolina's Enforcement Authority for Occupational Safety and Health

  October 21, 2021

• Recording Zoom Calls: What to Know Before Hitting the Red Button

  October 21, 2021

• OSHA COVID-19 ETS at White House for Final Approval

  October 15, 2021

• State Efforts to Require or Ban Vaccine Mandates Raise Conflicting Legal Issues

  October 15, 2021

• Should Employers Ask Applicants About Vaccination Status?

  October 11, 2021

• Arizona Challenges Federal Government's Vaccinate-or-Test Mandate

  October 07, 2021

• Tesla Hit With $137 Million Jury Verdict for Racially Charged Workplace

  October 07, 2021

• OSHA Announces Heat Hazard Initiative

  October 01, 2021

• U.S. Labor Department Clarifies Tip Credit Rules for Managers and Supervisors

  September 30, 2021

• White House Issues Mandatory Vaccination Guidance for Federal Contractors

  September 30, 2021

• Could Certain COVID-19 Vaccination Exception Requests Signal a Protected Mental Disability?

  September 27, 2021

• Long-Term COVID-19 Symptoms Raise Specter of Future Failure-to-Hire Claims

  September 24, 2021

• OSHA Releases Initial Information on COVID-19 Vaccination Mandate for Many Private Employers

  September 23, 2021

• OSHA Raises the Standard Impacting COVID-19 Whistleblower Claims

  September 17, 2021

• Federal Government Announces COVID-19 Vaccination or Testing Requirements for Many Private Employers

  September 16, 2021

• How to Evaluate Religious Exemption Requests Related to COVID-19 Vaccines

  September 16, 2021

• Labor Shortages Can Create Unintentional Wage and Hour Liabilities

  September 13, 2021

• Do Punitive Measures Taken Against Unvaccinated Employees Raise Legal Issues?

  September 10, 2021

• CDC Adds COVID-19 Vaccination Mandate for Green Card Applicants

  September 09, 2021

• How Mandatory COVID-19 Vaccination Policies Can Affect Vendor Staffing Plans

  September 03, 2021

• Federal Contractors May Face Additional COVID-19 Vaccine Mandates

  September 02, 2021

• South Carolina Extends Prior Guidance on Tax Implications of Remote Work

  September 02, 2021

• Can Employers Charge Higher Group Medical Insurance Premiums for Unvaccinated Employees?

  August 29, 2021

• Ninth Circuit Agrees That Paramour Preference Does Not Violate Title VII

  August 29, 2021

• Permanent Approval of the Pfizer COVID-19 Vaccine May Prompt Employers to Mandate Vaccinations

  August 29, 2021

• Can Employers Provide Extra Paid Leave Only to Vaccinated Employees?

  August 20, 2021

• Racial Epithets Spoken in Spanish Created Hostile Work Environment

  August 20, 2021

• OSHA Updates Guidance for Employers on COVID-19 Control Measures

  August 19, 2021

• Federal Court Says General Employment Release Does Not Cover Certain Veterans' Claims

  August 13, 2021

• OSHA Notes Increase in Criminal Prosecutions

  August 13, 2021

• Charlotte's Nondiscrimination Ordinance Puts Stricter Requirements on Private Employers, But Enforcement Is an Open Question

  August 12, 2021

• U.S. House Considers Limiting Mandatory Arbitration Agreements

  August 05, 2021

• New Federal Guidance Classifies Long-Term COVID-19 Effects as Potential Disabilities

  July 30, 2021

• U.S. Labor Department Proposes $15 Minimum Wage for Federal Contractors

  July 30, 2021

• Correction: South Carolina OSHA Says Federal COVID-19 Emergency Standard Is Not in Effect

  July 29, 2021

• Return of the Mask

  July 29, 2021

• Federal Court Upholds Indiana University Vaccine Requirement

  July 26, 2021

• North Carolina Wage and Hour Act Changes Add New Employer Requirements

  July 26, 2021

• South Carolina OSHA Announces Intent to Develop General Infectious Disease Standard

  July 26, 2021

• Civil Rights Law Prohibits Discrimination on the Basis of Color as Well as Race

  July 16, 2021

• EEOC Issues Guidance on Gender Identity Discrimination

  July 15, 2021

• South Carolina Considers Biometric Data Privacy Law

  July 15, 2021

• North Carolina Evaluating Its Response to Federal OSHA's Emergency COVID-19 Rules

  July 02, 2021

• Under WARN Act, Fourth Circuit Says the Key Employee Count Is 60 Days Before Layoffs

  July 02, 2021

• Federal Court Dismisses Claim From Estate of Employee's Spouse Who Died From COVID-19

  July 01, 2021

• First Circuit Upholds Employee's Right to Publicly Complain About Working Conditions

  June 25, 2021

• Revised OSHA COVID-19 Guidance Focuses on Unvaccinated Workers

  June 25, 2021

• Hospitality Employers Would Have to Rethink Assignments Based on New Tip Credit Interpretation

  June 24, 2021

• Federal Court Rejects Lawsuit Challenging Texas Hospital's Mandatory Vaccination Policy

  June 21, 2021

• Fourth Circuit Says Employer Not Required to Create Shared Job as ADA Accommodation

  June 21, 2021

• Key Considerations When Employees Resign

  June 14, 2021

• OSHA Issues Emergency COVID-19 Rules for Healthcare Employers

  June 14, 2021

• Public and Private Employees File First Challenges to Mandatory Vaccination Policies

  June 14, 2021

• Laws Against Vaccination Passports Do Not Limit Employers' Rights

  June 07, 2021

• EEOC Updates Advice to Employers on COVID-19 Vaccinations

  June 04, 2021

• U.S. Supreme Court Says Criminal Anti-Hacking Law Does Not Apply to Employee Misuse of Information Systems

  June 04, 2021

• New COVID-19 Lawsuits Allege Duty of Care to Employees' Household Members

  June 01, 2021

• Fourth Circuit Allows New Type of Same-Sex Harassment Claim Based on Stereotyping

  May 28, 2021

• OSHA Will Not Require Recording of Adverse Vaccine Reactions

  May 28, 2021

• President Biden Issues Cybersecurity Order Impacting Federal Contractors

  May 28, 2021

• Can We Charge Higher Health Insurance Premiums for Unvaccinated Employees?

  May 26, 2021

• Mask Madness: Managing the CDC's New Guidelines for Vaccinated Individuals

  May 21, 2021

• OSHA Targeted COVID-19 Inspections Could Impact Health Care and Hospitality Industries

  May 19, 2021

• New Executive Order Sets $15 Minimum Wage For Federal Contractors

  May 17, 2021

• Avoid Broad No Poaching Agreements With Clients

  May 14, 2021

• Fourth Circuit Says Transferring an Employee Is ADA Accommodation of Last Resort

  May 07, 2021

• U.S. Labor Department Signals Potential Changes for Gig Workers by Withdrawing Independent Contractor Rule

  May 07, 2021

• Responding to Accommodation Requests From Unvaccinated Employees

  May 06, 2021

• President Biden Proposes Paid Family and Medical Leave

  April 30, 2021

• President Biden Touts Vaccination Tax Credit for Small Businesses

  April 29, 2021

• Should Employers Ban Political Discussions at Work?

  April 29, 2021

• ‘I'm Vaccinated. Can I Take My Mask Off Now?'

  April 23, 2021

• National Labor Relations Board Signals Broader Protections for Employee Rights

  April 22, 2021

• U.S. Labor Department Resumes Demands for Liquidated Damages During Wage and Hour Investigations

  April 22, 2021

• Eleventh Circuit Says Retailer's Website Does Not Have to Comply With the ADA

  April 16, 2021

• U.S. Labor Department Answers Some – But Not All – Key Questions About New COBRA Subsidies

  April 15, 2021

• Paying Workers' Compensation Benefits Does Not Absolve Employer of FMLA Obligations

  April 12, 2021

• Seventh Circuit Says Title VII's Religious Accommodation Obligation Does Not Extend Beyond Minimal Burdens

  April 09, 2021

• Wage Fixing Indictments Show Dangers of Discussing Labor Issues With Competitors

  April 09, 2021

• Post-Bostock Harassment Claims Must Still Show Plaintiff Treated Differently Based on Sex

  April 08, 2021

• DOL Proposes Withdrawal of New Joint Employer and Independent Contractor Regulations

  April 06, 2021

• Collective Action Alleges Compensability For Time Spent in COVID-19 Screenings

  April 05, 2021

• When Must Employers Pay Employees Who Are On Call?

  March 29, 2021

• ‘Can We Ask if Employees Have Been Vaccinated?'

  March 26, 2021

• Federal Appeals Court Says Selective Retention Raises May Discriminate Against Female Employees

  March 26, 2021

• American Rescue Plan Includes Six Months of Full COBRA Subsidies

  March 19, 2021

• OSHA Announces New Enforcement Efforts Tied to COVID-19 Risks

  March 18, 2021

• Federal Appeals Court Says Employer Must Have Reasonable Opportunity to Investigate Harassment Complaint

  March 15, 2021

• How Does the CDC's New Guidance for Fully Vaccinated Individuals Impact Employers?

  March 12, 2021

• $1.9 Trillion Relief Package Extends Coronavirus-Related Tax Credits for Employers

  March 11, 2021

• Inspector General Issues Report Knocking OSHA COVID-19 Enforcement Efforts

  March 05, 2021

• South Carolina to Begin Vaccinating Frontline Workers Next Week

  March 04, 2021

• U.S. Labor Department Expands Eligibility for Pandemic Unemployment Benefits

  March 04, 2021

• OSHA Signals Intent to Prioritize General Infectious Disease Safety Standard

  February 26, 2021

• Divided Second Circuit Rejects Race Discrimination Claim Tied to Criminal Convictions

  February 25, 2021

• OSHA COVID-19 Standard May Require Significant HVAC Changes

  February 25, 2021

• If Employees Take a Day Off Before PTO Has Accrued, Can Employers Deduct the Absence From Their Salary?

  February 22, 2021

• OSHA Proposes Amendments to Hazard Communication Standard

  February 19, 2021

• How Will OSHA COVID-19 Safety Standard Treat Shifting CDC Guidelines?

  February 18, 2021

• Could Mandatory COVID-19 Vaccination Policy Violate OSHA Retaliation Rules?

  February 15, 2021

• Court Dismisses Claims Against Whole Foods for Ban Impacting Black Lives Matter Masks

  February 12, 2021

• Business Groups Request Clarity From EEOC on Vaccine Incentives

  February 11, 2021

• CDC Says Fully Vaccinated People Can Skip Quarantine

  February 11, 2021

• Old Comment on Need for Higher Starting Salary Revives Pay Discrimination Lawsuit

  February 08, 2021

• Nike Settlement Raises Questions for Employee Mask Mandates

  February 05, 2021

• OSHA Says Employees Should Continue Observing COVID-19 Protocols Post-Vaccination

  February 05, 2021

• U.S. Labor Department Says Travel Time During Partial Telework Days Is Not Compensable

  February 01, 2021

• President Biden Instructs OSHA to Increase COVID-19 Protections for Workers

  January 29, 2021

• President Biden Undoes Limits on Contractor Diversity and Inclusion Training

  January 29, 2021

• WARN Act Ruling Poses Challenge for Employers Conducting Pandemic-Related Layoffs

  January 22, 2021

• Fourth Circuit Says Law Firm Equity Partner Is Not an Employee for Title VII Purposes

  January 21, 2021

• OSHA Announces Changes to Inspection Program Targeting Workplaces With High Injury and Illness Rates

  January 15, 2021

• Advancing Diversity, Inclusion, and Equity in 2021: Leaders Must Lead!

  January 14, 2021

• EEOC's New Proposed Rules Impact Incentives for Wellness Programs and COVID-19 Vaccinations

  January 14, 2021

• U.S. Labor Department Adopts Final Tip Credit Regulations

  January 08, 2021

• Coronavirus Relief Bill Includes Variety of Changes Impacting Employers

  January 07, 2021

• U.S. Labor Department Issues ‘Midnight' Rule on Independent Contractors

  January 07, 2021

• Ninth Circuit Explains Standard for Willful Violation of Family and Medical Leave Act

  December 21, 2020

• EEOC Issues COVID-19 Vaccine Guidance to Employers

  December 18, 2020

• Fourth Circuit Says Inability to Wear Protective Equipment Made Employee Unqualified for Position

  December 18, 2020

• Can Employers Be Liable for Adverse Reactions to Mandatory COVID-19 Vaccinations?

  December 17, 2020

• Do Remote Employees Open Employers to Claims for Different State Tax Laws?

  December 14, 2020

• U.S. Labor Department Expands Religious Exemption for Federal Contractors

  December 11, 2020

• CDC Offers Options to Shorten Quarantine Following Exposure to COVID-19

  December 10, 2020

• Fourth Circuit Reminds Employers the Commissioned Worker Exemption Does Not End Tip Pooling Claims

  December 07, 2020

• New California COVID-19 Workplace Rules May Forecast National Standard

  December 04, 2020

• Fourth Circuit Ruling on ADA Reassignment Has Major Implications for Employers

  December 03, 2020

• Federal Coronavirus Leave Rules Set to Expire December 31

  November 20, 2020

• New York Court Dismisses COVID-19 Case Against Amazon

  November 20, 2020

• EEOC Issues Draft Religious Discrimination Guidance

  November 19, 2020

• In Light of COVID-19, How Should Employers Treat Suspected Cold and Flu Cases?

  November 13, 2020

• Tips for Employers as COVID-19 Cases Rise and the Holidays Approach

  November 12, 2020

• U.S. Labor Department Tells Retirement Plans to Focus on the Money, Not Environmental or Social Issues

  November 12, 2020

• Failure to Accommodate Supports Employee's Claim Even Without Adverse Action

  November 06, 2020

• OSHA Issues COVID-19 Guidance for Long-Term Care Facilities

  November 06, 2020

• Labor Groups Petition North Carolina for COVID-19 Workplace Safety Standard

  November 05, 2020

• Eleventh Circuit Says General Contractor Was Responsible for Subcontractor's Safety Practices

  October 30, 2020

• Fourth Circuit Says Employee Who Accepted Voluntary Transfer Cannot Maintain ADA Claims

  October 30, 2020

• IRS Announces 2021 Dollar Limits for Retirement Plans

  October 29, 2020

• U.S. Labor Department Stops Issuing Press Releases on Employer Citations

  October 29, 2020

• Fourth Circuit Says Multiple Internal Complaints Support Retaliation Claims

  October 23, 2020

• Political Speech in the Workplace: 2020 Refresher

  October 23, 2020

• CDC's New Guidelines on COVID-19 Close Contact Have Significant Implications for Employers

  October 22, 2020

• EEOC Proposes Rules for Conciliation Process

  October 16, 2020

• U.S. Labor Department Questions Microsoft's Minority Hiring Pledge

  October 16, 2020

• Impact of Recent Federal Changes on Sponsorship of Foreign Workers

  October 13, 2020

• Federal Government Offers More Guidance on Diversity Training Restrictions and Opens Complaint Hotline

  October 09, 2020

• OSHA Releases COVID-19 Citation Statistics and Guidance for Respirator Fitting

  October 09, 2020

• How to Evaluate Employee Teleworking Requests

  October 08, 2020

• OSHA Reclassifies Citation Based on Employer's Good Faith Efforts to Address the Hazard

  October 05, 2020

• Federal Government Limits Its Contractors From Providing Diversity Training

  October 02, 2020

• Fourth Circuit Takes Expansive View of N.C.'s Employment Anti-Retaliation Law

  October 02, 2020

• Federal Appeals Court Rules Plaintiffs Must Use More Than National Criminal Statistics to Prove Racial Discrimination

  September 28, 2020

• Employee Complaints to OSHA Over COVID-19 Practices Rise

  September 25, 2020

• U.S. Labor Department Proposes Definition of Independent Contractors

  September 24, 2020

• Federal Court Rejects U.S. Labor Department's New Joint Employer Rule

  September 18, 2020

• Dealing With Race in the Workplace: ‘How Would You Want Your Family Members Treated?'

  September 17, 2020

• U.S. Labor Department Revises Coronavirus Leave Rules in Response to Federal Ruling

  September 17, 2020

• Employee Bears Burden of Showing Bonus Was Non-Discretionary in Overtime Claim

  September 11, 2020

• States Recognize Qualified Immunity for COVID-19 Claims

  September 11, 2020

• EEOC Issues Additional Guidance for Employers on COVID-19

  September 10, 2020

• Payroll Tax Deferral Option Confuses Employers

  September 04, 2020

• U.S. Labor Department Updates Guidance on Fluctuating Workweek Pay Method

  September 04, 2020

• U.S. Labor Department Reverses Position on Intermittent Child Care Leave

  September 03, 2020

• Fifth Circuit Says Third Party Cannot Sue for Retaliation Under Title VII

  August 31, 2020

• Eleventh Circuit Approves Employer's Extended Leave Requirement Following Suicide Attempt

  August 28, 2020

• U.S. Labor Department Explains Employers' Obligation to Record Teleworking Time

  August 27, 2020

• EEOC Issues New Guidance on Employee Opioid Use

  August 24, 2020

• Sixth Circuit Upholds Mandated Use of CPAP Device for Driver With Sleep Apnea

  August 21, 2020

• New Law Provides COVID-19 Benefits for First Responders

  August 20, 2020

• Can Employers Require Employees to Obtain COVID-19 Vaccinations?

  August 14, 2020

• Eleventh Circuit Says Employee Cannot Claim Retaliation if Actions Interfered With Job Performance

  August 14, 2020

• Dealing With Race: How HR Can Be Proactive With Recruiting, Advancement, and Pay Equity

  August 13, 2020

• Federal Ruling Creates Tremendous Uncertainty Around Coronavirus Leave Rules

  August 06, 2020

• Business Immigration Slowly Picking Up in the U.S. but Large Restrictions Remain

  August 03, 2020

• ‘Reasonable' COVID-19 Concerns Can Allow Employees to Refuse Work and Receive Unemployment Benefits

  July 31, 2020

• National Labor Relations Board Resolves Catch-22 Related to Abusive Conduct

  July 31, 2020

• COBRA and COVID-19: Extended Deadlines and Potential Administrative Problems

  July 30, 2020

• National Labor Relations Board Upholds Policy Banning Outside Employment

  July 24, 2020

• Virginia Becomes First State to Adopt COVID-19 Workplace Safety Rules

  July 24, 2020

• Implications of New Federal Leave Requirements on Remote Learning This Fall

  July 23, 2020

• Employers Should Plan for End of Year PTO Crunch

  July 17, 2020

• Update on Student and Exchange Visitor Program (SEVP) Online Study Exemption

  July 15, 2020

• OSHA Recommends Mandatory Use of Face Masks at Work

  July 10, 2020

• U.S. Labor Department Revises Fiduciary Rule

  July 10, 2020

• U.S. Supreme Court Issues Two Rulings Broadening Exceptions for Religious Employers

  July 09, 2020

• U.S. Labor Department Issues Guidance on Paid Child Care Leave During Summer Break

  July 02, 2020

• N.C. Lawmakers Pass Bill to Give Businesses Limited Immunity From COVID-19 Lawsuits

  July 01, 2020

• U.S. Labor Department Waives Double Damages During Administrative Investigations

  July 01, 2020

• Second Circuit Upholds Retailer's Use of Fluctuating Workweek Pay Method

  June 22, 2020

• U.S. Supreme Court's Decision Leaves Door Open at Intersection of Religion and LGBT Discrimination

  June 19, 2020

• EEOC Tells Employers Not to Exclude Older Workers or Require Antibody Testing Amid Coronavirus Pandemic

  June 18, 2020

• OSHA Answers Questions About Masks in the Workplace

  June 15, 2020

• Employers React to Employee Social Media Posts Over Nationwide Protests

  June 12, 2020

• Should Employees Tested for COVID-19 Remain Out of Work Pending the Results?

  June 11, 2020

• N.C. Appellate Court Rejects Claim Against Employer Over How It Reported Alleged Criminal Assault

  June 08, 2020

• Congress Gives Employers More Flexibility With Paycheck Protection Program Loans

  June 05, 2020

• Federal Judge Throws Out New Union Election Rules From the National Labor Relations Board

  June 05, 2020

• Highlights From South Carolina's New Roadmap to Economy Recovery From COVID-19

  June 05, 2020

• More Restrictions and Some Steps Toward Normal for Business Immigration

  June 04, 2020

• Prospective Employees Cannot Bring FLSA Retaliation Claims

  June 01, 2020

• Recent Ruling Provides Path for U.S. Supreme Court to Revisit Religious Accommodation Requirement

  May 29, 2020

• As Businesses Return to Work, Beware of Whistleblower Claims

  May 28, 2020

• Fourth Circuit Says Employer Justified in Requiring Fitness-for-Duty Evaluation for Chronic Complainer

  May 26, 2020

• U.S. Labor Department Expands Types of Businesses That Can Claim Retail Overtime Exemption

  May 22, 2020

• Under New Rules, More Employers May Benefit From Fluctuating Workweek Calculation

  May 22, 2020

• Fourth Circuit Says Managers' Indifferent Response to Harassment Complaint Does Not Subject Employer to Punitive Damages

  May 18, 2020

• U.S. Labor Department Answers Paid Leave Questions Related to Telework, Medical Documentation, and Child Care

  May 15, 2020

• EEOC Issues Guidance on Return to Work for Employees in COVID-19 High Risk Categories

  May 14, 2020

• The Pandemic's Impact on Compensation and Benefits

  May 14, 2020

• Beware of Wage & Hour Issues When Screening Employees for COVID-19

  May 08, 2020

• Key Initial Takeaways From the U.S. Department of Education's Massively Impactful New Title IX Regulations

  May 08, 2020

• U.S. Labor Department Issues Guidance on WARN Notice Requirements for Employers Affected by COVID-19

  May 08, 2020

• OSHA Issues COVID-19 Technical Guidance for Restaurants

  May 07, 2020

• South Carolina Issues New COVID-19 Unemployment Rules

  May 07, 2020

• COVID-19's Latest Impact on Business Immigration

  May 05, 2020

• EEOC Blesses Employer COVID-19 Testing

  May 01, 2020

• U.S. Labor Department Issues New Guidance on Expanded Unemployment Benefits

  May 01, 2020

• Consider Employee Child Care Needs as Part of Return-to-Work Planning

  April 30, 2020

• N.C. Allows Employer Support Payments on Top of Unemployment Benefits

  April 30, 2020

• Fourth Circuit Says Title VII Does Not Require Termination of Co-Worker for Racist Joke

  April 27, 2020

• EEOC Issues Guidance on Return to Work Discrimination Issues

  April 24, 2020

• OSHA Issues Series of Industry-Specific COVID-19 Safety Alerts

  April 24, 2020

• New N.C. Unemployment Notice Requirements Now in Effect

  April 23, 2020

• Employee Must Dispute Background Check Finding With Credit Agency, Not Employer

  April 22, 2020

• Weekly Review of COVID-19's Impact on Business Immigration

  April 21, 2020

• Employers Should Factor White House Guidelines Into Their Business Recovery Plans

  April 20, 2020

• Virginia Adopts LGBTQ Employment Discrimination Ban

  April 20, 2020

• EEOC Updates COVID-19 Guidance

  April 17, 2020

• OSHA Clarifies COVID-19 Recordable Illness Obligations and Enforcement Priorities

  April 17, 2020

• Weekly Review of COVID-19's Impact on Business Immigration

  April 14, 2020

• U.S. Supreme Court Says Section 1981 Claims Require ‘But For' Causation

  April 13, 2020

• EEOC Announces Pause to Issuance of Right to Sue Letters

  April 10, 2020

• U.S. Labor Department Issues Guidance to States on Expanded Unemployment Benefits Under the CARES Act

  April 10, 2020

• Congress Moving Fast to Add $250 Billion to Paycheck Protection Program

  April 07, 2020

• Weekly Review of COVID-19's Impact on Business Immigration

  April 07, 2020

• National Labor Relations Board Issues Final Rules Revamping Union Election Campaigns

  April 03, 2020

• CARES Act Expands Unemployment Benefits

  April 02, 2020

• CARES Act Provides Tax Credits for Employee Retention

  April 02, 2020

• Weekly Review of COVID-19's Impact on Immigration

  April 01, 2020

• U.S. Labor Department Clarifies ‘Health Care Provider' Exception Under Families First Coronavirus Response Act

  March 30, 2020

• EEOC Updates Pandemic Preparedness Guidance in Response to COVID-19

  March 27, 2020

• Should Employers Record COVID-19 Infections as OSHA Recordable Injuries?

  March 27, 2020

• U.S. Labor Department Releases Fact Sheet on Families First Coronavirus Response Act

  March 26, 2020

• COVID-19's Impact on Immigration

  March 24, 2020

• Families First Coronavirus Response Act: Implications for Public Employers and First Responders

  March 24, 2020

• Can Temporarily Laid Off Workers Remain on a Company's Medical Insurance Plan?

  March 20, 2020

• Should Employers Send WARN Notices for COVID-19 Layoffs?

  March 20, 2020

• Key Employment Provisions in Families First Coronavirus Response Act

  March 19, 2020

• N.C., S.C. & Ga. Adjust Unemployment Insurance in Response to COVID-19

  March 19, 2020

• How to Manage Employees Who Appear Sick but Report to Work

  March 18, 2020

• U.S. Labor Department Issues FAQs on COVID-19 Pay Issues

  March 16, 2020

• Coronavirus Guidance for Educational Institutions

  March 13, 2020

• Fifth Circuit Says Morbid Obesity Is Not ADA Disability

  March 13, 2020

• State Attorneys General Challenge Joint Employer Rule

  March 13, 2020

• Presidential Proclamation Extends Travel Suspension From Certain European Countries

  March 12, 2020

• Sixth Circuit Reminds Employers to Consider Transfers as ADA Accommodations

  March 11, 2020

• Salaries Set Based on Past Pay History Can Violate Equal Pay Laws

  March 09, 2020

• A New Road Map for Disciplining Employees for Reasons Unrelated to Their Disability

  March 06, 2020

• U.S. Supreme Court Says Mere Receipt of Plan Disclosures Does Not Provide 'Actual Knowledge' Under ERISA

  March 04, 2020

• Workplace Implications of the Coronavirus

  March 04, 2020

• NLRB Issues Final Rule on Joint Employer Status

  March 02, 2020

• ADA Allows Employers to Offer ‘Last Chance' to Employees After Alcohol or Drug Violations

  February 28, 2020

• OSHA Can Cite Landlords for Improper Asbestos Removal

  February 26, 2020

• NLRB Distinguishes Between Protected and Unprotected Criticism of Diversity Policies

  February 24, 2020

• Appeals Court Upholds Municipal Ban on Asking Applicants About Salary History

  February 21, 2020

• Silence on Employment Contract After Expiration Did Not Imply Renewal

  February 19, 2020

• Must Employers Honor Employee Concerns Over Coronavirus Exposure?

  February 17, 2020

• Federal Court Sentences Business Owner to Prison for Violating Fall Protections

  February 14, 2020

• Ninth Circuit Finds Obesity a Protected Disability Under State Law

  February 12, 2020

• Window Closing on FLSA Claims Based on 80/20 Rule

  February 10, 2020

• Can You Suspend an Employee Without Pay for a Full Workweek Because of Performance Issues?

  February 07, 2020

• Quit or Fired? N.C. Employees May Qualify for Unemployment Benefits in Equivocal Situations

  February 05, 2020

• ADA Request Must Show Connection Between Disability and Work Limitation

  February 03, 2020

• U-Haul Tobacco Ban Not Applicable in Carolinas

  January 31, 2020

• Supreme Court to Again Review Obamacare Contraception Mandate

  January 29, 2020

• Employers Should Carefully Manage Interactive Process When Considering ADA Accommodations

  January 27, 2020

• U.S. Labor Department Issues Two New Opinion Letters on Overtime Questions

  January 23, 2020

• U.S. Labor Department Finalizes Rule Limiting Joint Employer Liability

  January 21, 2020

• What the Labor Department's New Joint Employer Rule Means for Employers in the Carolinas

  January 21, 2020

• Reminder: Federal Requirements for Entry-Level Driver Training Delayed Until 2022

  January 17, 2020

• New Minimum Salaries Now in Place for Overtime Exemptions

  January 15, 2020

• National Labor Relations Board Blesses Employer Confidential Information Policy

  January 13, 2020

• National Labor Relations Board Reverses Two Key Obama-Era Precedents

  January 10, 2020

• U.S. Supreme Court to Again Review Ministerial Exception to Federal Anti-Discrimination Laws

  January 08, 2020

• Internet Job Postings Pose Legal Perils for Employers

  January 06, 2020

• U.S. Transportation Department Drug and Alcohol Database Requirements Begin January 6

  December 30, 2019

• NLRB Relaxes Obama-Era Rules on Union Election Timetable

  December 26, 2019

• U.S. Labor Department Issues Final Rule on Overtime Pay Exclusions

  December 23, 2019

• Federal Workers Likely to Get Paid Parental Leave

  December 20, 2019

• Eighth Circuit Affirms Attorneys' Fees Award Against EEOC Based on Frivolous Claims

  December 18, 2019

• Second Circuit Allows Title VII Pay Discrimination Claim Without Evidence of Higher Paid Comparator

  December 16, 2019

• New California Law Prohibits Mandatory Arbitration of State Law Employment Claims

  December 13, 2019

• NLRB Says Arbitration Agreement Must Specifically Exclude Claims Filed With NLRA

  December 11, 2019

• Delaying COBRA Notice Past Eligibility Date Risks Insurer Refusing to Pay Claims

  December 09, 2019

• ADA Allows Hostile Environment Harassment Claims

  11/27/2019

• Employee Has Right to FMLA Leave Even if Medical Condition is Undiagnosed as of Date of Request

  11/26/2019

• Employers Can End Accommodations That Go Beyond ADA Requirements

  11/25/2019

• Placing Employee on Performance Improvement Plan Does Not Count as Adverse Action

  November 20, 2019

• North Carolina Courts Defeat Another ‘Overbroad' Noncompete

  November 18, 2019

• Speculating About Employee's Medical Condition May Lead to ADA Claim

  November 18, 2019

• IRS Announces 2020 Dollar Limitations for Retirement Plans

  November 15, 2019

• Ninth Circuit Enjoins ACA Religious Exemption Rules

  November 13, 2019

• U.S. Labor Department Proposes Rules on Bonus Pay for Fluctuating Workweeks

  November 11, 2019

• Sixth Circuit Says Attendance Was Essential Function of Job

  November 08, 2019

• Don't Condition Return to Work on ‘100 Percent Recovery'

  November 06, 2019

• Seventh Circuit Rejects ADA Claim Based on Fear of Future Disabilities

  November 04, 2019

• Supportive Replies to Co-Worker's Profane Email Were Protected Activity

  November 01, 2019

• NLRB Blesses Employer's Confidentiality and Media Contact Rules

  October 30, 2019

• Employers Cannot Shorten Time Period for Filing Suit Under Title VII

  October 28, 2019

• Employee's Request for Leave Triggered ADA Accommodation Obligations

  October 18, 2019

• U.S. Labor Department Gives States Latitude on Drug Testing Unemployment Recipients

  October 16, 2019

• U.S. Labor Department Proposes Rules to Expand Use of Tip Pools

  October 14, 2019

• NLRB Proposes End to Graduate Student Unions at Private Universities

  10/09/2019

• Occasional Use of Wrong Pronouns Does Not Create Harassment Claim for Transgender Employee

  10/07/2019

• Federal Drug and Alcohol Requirements for Commercial Drivers Begin January 6

  October 04, 2019

• NLRB Memo Refines Position on Employer Social Media Policies

  October 02, 2019

• Salary Increase for White-Collar Overtime Exemption Takes Effect January 1

  September 30, 2019

• ADA Does Not Protect Against Fear of Future Disability

  September 27, 2019

• NLRB Says Employers Can Change Some Conditions Without Union Bargaining

  September 25, 2019

• Sixth Circuit Gives Employers Roadmap for Dealing With FMLA Abuse

  September 23, 2019

• New Federal Laws Require Direct 911 Access From Company Telephone Systems

  September 20, 2019

• National Labor Relations Board Reopens Rules Related to Union Activity

  September 18, 2019

• Employees Seeking ADA Accommodations Do Not Have to Make Formal Request

  September 16, 2019

• North Carolina Appellate Decisions Reach Different Conclusions With Regard to Disqualification for Unemployment Benefits Due to Misconduct

  September 13, 2019

• NLRB Says Worker Misclassification Does Not Violate Labor Act

  September 11, 2019

• Fourth Circuit Finds Two Race Discrimination Claims Failed to Allege Sufficiently Hostile Work Conditions

  September 09, 2019

• Seventh Circuit Says One Use of "N-Word" Insufficient for Racial Harassment Claim

  09/06/2019

• New NLRB Advice Memo Clarifies Social Media Policy Rules

  09/04/2019

• Bonuses Paid by Third Parties Excluded From Regular Rate for Overtime Calculation Purposes

  09/03/2019

• Fourth Circuit Rejects Discrimination Claims Made by Accused Harasser

  August 30, 2019

• U.S. Labor Department Proposes Expanding Religious Exemptions for Federal Contractors

  August 28, 2019

• U.S. Transportation Department Proposes Relaxing Driver Hours-of-Service Rules

  August 26, 2019

• How Downsizing or Restructuring Can Impact the Executive Overtime Exemption

  August 23, 2019

• Perfect Attendance Benefits Interfered With FMLA Rights

  August 21, 2019

• Work Restrictions Alone Do Not Add Up to ADA Disability

  August 19, 2019

• N.C. Court of Appeals Rejects Customer Non-Solicitation Restriction

  August 15, 2019

• Fifth Circuit Enjoins EEOC's Criminal Background Guidance

  August 14, 2019

• Increased Scrutiny and Write-Ups Lead to Retaliation Verdict

  August 12, 2019

• Failure to Date Reorganization Memos Does Not Defeat Summary Judgment

  August 09, 2019

• Prior Harassment Claims Do Not Eliminate Employer's Use of Faragher-Ellerth Defense

  August 07, 2019

• Facebook Comments About Employee Did Not Create Hostile Working Environment

  August 05, 2019

• Failure to Immediately Address Employee Behavioral Issues Not Evidence of Pretext in Later Termination

  08/02/2019

• Lack of Clear Procedures Defeats Use of OSHA Employee Misconduct Defense

  07/31/2019

• Truckers' Off-Duty Sleeping Time Not Compensable Under FLSA

  07/29/2019

• Does a Preference for Hiring Veterans Create a Disparate Impact Based on Gender?

  July 25, 2019

• EEOC Issues Pay Data Filing Instructions

  July 23, 2019

• Passage of Time Defeats North Carolina Employer Retaliation Claim

  July 22, 2019

• New California Law Prohibits Discrimination on the Basis of Natural Hair

  July 19, 2019

• U.S. Labor Department Says Highly Compensated Paralegals Meet Overtime Exemption Test

  July 17, 2019

• Refusal to Work Can Be Protected Concerted Activity

  July 15, 2019

• Performance Counseling and Mediation Session Not Considered Adverse Employment Actions Under Title VII

  07/12/2019

• Employers Can Modify or Revoke ADA Accommodations if Underlying Job Duties Change

  7/10/2019

• Supreme Court Affirms Ability of Administrative Agencies to Interpret Statutes

  7/08/2019

• New York Expands Sexual Harassment Protections

  July 05, 2019

• New NLRB Memo Addresses Social Media and Cell Phone Policies

  July 03, 2019

• EEOC Indicates Pay Data Portal Will Open July 15

  July 01, 2019

• Fourth Circuit Concludes Complaints Over Mandatory Arbitration Are Not Protected

  June 27, 2019

• Absent Health Impairment, Obesity Is Not an ADA Disability

  June 26, 2019

• Fourth Circuit Says Federal Hate Crime Law Applies to Workplace Assault

  June 24, 2019

• How Internet Databases Fit Into Employer Requirements With Fair Credit Reporting Act

  June 21, 2019

• Ex-Employees Can Challenge Statistical Impact of Reductions in Force

  June 19, 2019

• U.S. Supreme Court Says Plaintiff Can Sue For Discrimination Without Filing EEOC Charge

  June 17, 2019

• National Labor Relations Board Affirms Employee's Right to Complain at Team Building Lunch

  June 07, 2019

• Fourth Circuit Affirms Age Discrimination Verdict Despite Shaky Evidence of Bias

  June 05, 2019

• EEOC and U.S. Labor Department Announce Intent to Revisit Wellness and FMLA Rules

  June 03, 2019

• Fourth Circuit Says Rumors About Sex for Promotions Constitute Actionable Sexual Harassment

  05/28/2019

• Employers Consider Switching Exempt Employees to Non-Exempt to Avoid Legal Risks

  May 24, 2019

• North Carolina OSHA Continues to Issue Multiemployer Worksite Citations

  May 22, 2019

• New Washington State Limitations on Noncompetes May Foreshadow Restrictions Elsewhere

  May 20, 2019

• Failure to Explain Inconsistency Between SSDI Application and ADA Claims Results in Dismissal

  May 16, 2019

• Washington State Adopts Employee-Paid Long-Term Care Insurance

  May 14, 2019

• Fourth Circuit Sets Low Bar for Discrimination Claim to Survive

  May 13, 2019

• U.S. Labor Department Describes Most ‘Gig Economy' Workers as Independent Contractors

  May 10, 2019

• EEO-1 Salary Information for 2017 and 2018 Due September 30

  May 08, 2019

• U.S. Supreme Court Says Arbitration Agreements Exclude Class Arbitration Absent Consent

  May 06, 2019

• Fifth Circuit Reasserts View That Sexual Orientation Discrimination Is Not Protected Under Title VII

  May 03, 2019

• U.S. Supreme Court Hears Arguments in Case Involving Pre-Suit Requirements for Discrimination Lawsuits

  May 01, 2019

• U.S. Supreme Court to Review if Title VII Prohibits Discrimination Based on Sexual Orientation and Gender Identity

  April 29, 2019

• Reminder: N.C. Requires Authorization for Amount Deducted From Employee Wages

  April 26, 2019

• NYC Prepares Ban on Pre-Employment Marijuana Testing

  April 24, 2019

• NLRB Says Griping About Clients Is Not Protected Concerted Activity

  April 22, 2019

• FY 2018 EEOC Charges Hit 12-Year Low

  April 19, 2019

• Can Employers Stop Testing for Marijuana?

  April 17, 2019

• EEOC Indicates September 30, 2019 Deadline for EEO-1 Pay Data Submissions

  April 15, 2019

• U.S. Labor Department Says Health Care Hours Rule Applies to a Range of Facilities

  April 11, 2019

• U.S. Labor Department Proposes Update to ‘Regular Rate' Definition

  April 10, 2019

• U.S. Labor Department Proposes Rules Restricting Joint Employment Status

  April 08, 2019

• DOL Issues Opinion Letters on Extra FMLA Leave and Community Service as Working Time

  April 01, 2019

• EEOC Opens EEO-1 Portal; No Word on Salary Information

  March 29, 2019

• Fourth Circuit Applies ‘Virtually Identical' Standard to Pay Discrimination Claim

  March 27, 2019

• N.C. Court of Appeals Voids Noncompete With Specialized Physician

  March 25, 2019

• Proposed Overtime Exemption Rules Allow Use for Bonuses or Commissions for 10% of Minimum Salary

  March 22, 2019

• NLRB Says Non-Union Member Dues Cannot be Used for Lobbying Purposes

  March 20, 2019

• Federal Court Ruling Could Result in Pay Disclosure Requirements by May 31

  March 18, 2019

• U.S. Labor Department Issues Guidance on Sub-Minimum Wage Requirements for Tipped Employees

  March 14, 2019

• OSHA Sues Company for Allegedly Reporting Injured Employee to ICE

  March 12, 2019

• U.S. Labor Department Proposes Minimum Salary for White Collar Overtime Exemptions

  March 11, 2019

• Seventh Circuit Says ‘Hellish' Work Environment Is Not Necessary to Prove Title VII Harassment

  March 08, 2019

• N.C. Court of Appeals Says Employer Can Require Changes to At-Will Employment Contract

  March 06, 2019

• EEOC Proposes Expansion of Electronic Charge System

  March 04, 2019

• Fifth Circuit Hints Title VII Does Not Protect Sexual Orientation or Gender Identity

  February 28, 2019

• Fourth Circuit Says Failure to File Timely EEOC Charge Does Not Deprive Court of Jurisdiction

  February 26, 2019

• Fourth Circuit Says Disclosure of Depression Triggered FMLA Obligations

  February 25, 2019

• EEOC Explains Impact of Government Shutdown on Charge Filing

  February 22, 2019

• Fourth Circuit Disallows Blended Hourly Rate That Does Not Take Into Account Overtime Hours Worked

  February 20, 2019

• Fourth Circuit Recognizes Sexual Rumors as Actionable Harassment

  February 18, 2019

• Eighth Circuit Says Employer Not Required to Follow Employee's Preference to Work From Home

  February 15, 2019

• EEOC Delays EEO-1 Filing Deadline Until May 31

  February 13, 2019

• Fourth Circuit Sets Low Bar for Employee to Challenge Medical Exam Requirement

  February 12, 2019

• U.S. Justice Department Would Limit Use of Antitrust Laws to Attack ‘No-Poaching' Agreements

  February 08, 2019

• OSHA Partially Rescinds Electronic Recordkeeping Rule

  February 06, 2019

• NLRB Overturns 2014 Independent Contractor Test

  February 04, 2019

• U.S. Labor Department Appears Ready to Propose New Salary Minimums for Exempt Employees

  January 30, 2019

• Seventh Circuit Says ADEA Does Not Apply to Applicants' Disparate Impact Claims

  January 28, 2019

• Employers Can Reject Accommodations That Do Not Facilitate Job Performance

  January 25, 2019

• U.S. Supreme Court to Hear Case on Filing Lawsuit Before Filing EEOC Charge

  January 24, 2019

• U.S. Supreme Court Says Federal Arbitration Act Does Not Apply to Independent Contractor Drivers

  January 22, 2019

• N.C. Appeals Court Rejects Worker's Claim of Liability Against Trump Campaign

  January 18, 2019

• U.S. Transportation Department Says California Driver Rules Pre-Empted by Federal Law

  January 16, 2019

• D.C. Circuit Partially Upholds Obama-Era Joint Employer Test

  January 14, 2019

• U.S. Labor Department Says Religious Community Members Are Not Employees

  January 10, 2019

• Eighth Circuit Says ADA Does Not Require Waiving Attendance Policy

  January 09, 2019

• EEOC Withdraws Wellness Plan Incentive Rules

  January 07, 2019

• Noting Applicant's Long Future With Company Is Not Age Discrimination

  January 04, 2019

• Ninth Circuit Limits ADA Ministerial Exemption

  January 02, 2019

• ADA Does Not Require Allowing Employees to Avoid Traffic

  December 31, 2018

• Franchises Continue to Face Litigation Over Employee ‘No-Poaching' Agreements

  December 20, 2018

• Health Care Worker's Refusal to Obtain Vaccine Dooms ADA Accommodation Claim

  December 19, 2018

• Fifth Circuit Joins Other Appeals Courts in Recognizing OSHA's Multi-Employer Worksite Authority

  December 17, 2018

• Medical Evidence Not Necessary to Prove ADA Disability

  December 06, 2018

• OSHA Withdraws Guidance on Accident Avoidance Incentives and Post-Accident Drug Testing

  December 05, 2018

• Fourth Circuit Refuses to Protect Employee Who Copied Personnel Files to Support Discrimination Claim

  December 03, 2018

• California Nixes Employee Non-Solicitation Restrictions

  November 21, 2018

• Schools Should Begin Assessing Impact of Proposed Title IX Regulations

  November 20, 2018

• U.S. Supreme Court Extends Age Discrimination Protections to Small Government Units

  November 20, 2018

• U.S. Labor Department Changes Position on Use of Tip Credit

  November 19, 2018

• North Carolina Employers Must Report New Hires to State Registry

  November 16, 2018

• OSHA Obtains Criminal Indictment of Managers Who Allegedly Obstructed Investigation

  November 14, 2018

• U.S. Labor Department Says States Should Have Broad Ability to Drug Test Unemployment Recipients

  November 12, 2018

• OSHA Releases Top 10 Violations List

  November 08, 2018

• IRS Announces 2019 Dollar Limitations for Retirement Plans

  November 06, 2018

• U.S. Justice Department Argues Against EEOC Position Protecting Transgender People

  November 05, 2018

• Fifth Circuit Says Don't Mix Incentive Pay With Fluctuating Workweek

  November 02, 2018

• EEOC Data Show Uptick in Harassment Claims

  October 31, 2018

• N.C. Business Court Dismisses Most Claims in Employee Misconduct Lawsuit

  October 29, 2018

• Lack of Adverse Employment Action Dooms ADA Failure to Accomodate Claim

  10/24/2018

• Federal Court Says Connecticut Law Required Employer to Accommodate Medical Marijuana Use

  October 19, 2018

• Eleventh Circuit Refuses to Allow Expanded OSHA Inspection

  October 17, 2018

• New California Sexual Harassment Laws May Predict Trend in Other States

  October 15, 2018

• Local Government Units Cannot Adopt Right-to-Work Ordinances

  October 12, 2018

• Supervisor Overhearing Racist Remarks Makes Employer Potentially Liable for Harassment

  October 10, 2018

• Can Employees Bring Emotional Support Animals Into the Workplace?

  October 08, 2018

• Full Ninth Circuit Defers to DOL's Interpretation of Payment for Non-Tipped Work

  October 05, 2018

• Expansive Disability Definition Applies to 'Regarded as' Disabled Claims

  October 03, 2018

• Management Company Possibly Considered Hotel Worker's Employer for Title VII Liability

  October 01, 2018

• Even if Credit Report Is Accurate, Federal Law Requires Notice of Right to Dispute

  September 28, 2018

• Seventh Circuit Says Employer Liable for Customer Stalking Employee

  September 26, 2018

• Employer Not Required to Accommodate Employee's Inability to Wear Safety Shoes

  September 24, 2018

• U.S. Labor Department Issues Guidance for Analysis of Compensation Practices

  September 20, 2018

• Employer Cannot Join E-Verify Without Bargaining With Union

  September 19, 2018

• NLRB Proposes Rule to Limit Joint-Employer Status

  September 17, 2018

• Eighth Circuit Says Criminal Convictions Justified Termination of Bank Employees

  September 14, 2018

• Asking Employee to Pay for MRI as a Hiring Condition Violated ADA

  September 12, 2018

• Organ Donations Considered Serious Health Conditions Under FMLA

  September 10, 2018

• Drug Tests May Be On the Way for Unemployment Benefits

  September 07, 2018

• Employer Prevails, But First Circuit Raises Questions Over Use of Screenshot Capturing Software

  September 05, 2018

• S.C. Supreme Court Says 150-Mile Radius Reasonable for Sale of Business Noncompete

  September 04, 2018

• Tenth Circuit Allows Discrimination Claim to Proceed Despite No EEOC Charge

  August 31, 2018

• Wave of New EEOC Lawsuits Targets Harassment Claims

  August 29, 2018

• FLSA Does Not Bar Individual Mandatory Arbitration of Wage Claims

  August 27, 2018

• Employer Cannot Prohibit Diabetic Employee From Eating at Work

  August 23, 2018

• Same-Sex Harassment of Male Employee in Mixed-Gender Workplace Violated Title VII

  August 22, 2018

• Plaintiff's Own Testimony Enough to Send Harassment Claim to Trial

  August 20, 2018

• Can Employers Legally Go Vegetarian?

  August 16, 2018

• NLRB Says Facebook Comments About Workplace Safety Remain Protected

  August 15, 2018

• New Massachusetts Law Restricts Noncompetition Agreements

  August 13, 2018

• EEOC Sues Over Mandatory Medication Disclosure Policy

  August 09, 2018

• Eighth Circuit Affirms Criminal OSHA Sanctions Against Construction Company

  August 08, 2018

• OSHA Proposes Changes to Electronic Recordkeeping Rule

  August 06, 2018

• U.S. Labor Department Officially Kills Persuader Rule

  August 02, 2018

• Employer's Failure to Respond to Other Employees' Complaints Advances Harassment Claim

  August 01, 2018

• Employer's Unilateral Assertion of Need for Full-Time Work Insufficient to Dismiss ADA Claim

  July 30, 2018

• Fourth Circuit Says Hyper-Vigilant Supervision Enough to Support Race Discrimination and Retaliation Claim

  July 27, 2018

• Even Rhetorical Use of the "N-Word" Sufficient to Allow Racial Harassment Claim to Go to Jury

  July 25, 2018

• South Carolina Releases Poster Explaining New Pregnancy Discrimination Law

  July 23, 2018

• Note Questioning Mental Stability Justified Follow-Up by Employer Despite Doctor's Clearance

  July 19, 2018

• Employee's Failure to Provide FMLA Medical Certification Does Not Preclude Later Leave Request

  July 18, 2018

• California Bill to Add Medical Marijuana Use as Protected Classification Fails

  July 16, 2018

• Eleventh Circuit Remands Arbitration Case to NLRB in Light of Supreme Court Decision

  July 12, 2018

• ADA Does Not Require Employer to Provide Extended Breaks for Exercise

  July 11, 2018

• New S.C. Law Tells Employers Not to Consider Expunged Criminal Records in Hiring Decisions

  July 09, 2018

• ADA Doesn't Require Employer to Provide Exact Accommodation Preferred by Employee

  July 05, 2018

• OSHA Form 300A Electronic Filings Due July 1

  July 02, 2018

• U.S. Supreme Court Strikes Major Blow Against Public Sector Unions

  June 29, 2018

• Infrequent Job Tasks May Still Be ADA Essential Function

  June 28, 2018

• Multi-Tiered Review Process Can Avoid Cat's Paw Claims

  June 27, 2018

• Fourth Circuit Won't Extend Arbitration Agreement With Parent Company

  June 25, 2018

• NLRB Provides Employers With Guidance on Acceptable Handbook Policies

  June 20, 2018

• Recent EEOC Actions Show Dangers of Using Personality Tests in Hiring Process

  June 18, 2018

• First Circuit Holds Employer in Contempt for Repeated OSHA Violations

  June 14, 2018

• NLRB to Issue Rule on Joint Employer Standard

  June 13, 2018

• Appeal of Second Circuit Decision Sets Table for Supreme Court Review of Sexual Orientation Protections

  June 11, 2018

• New Silica Exposure Standards Take Effect June 23

  June 07, 2018

• Why the 'Equal Opportunity Jerk' Defense Should Be a Last Resort for Employers

  June 06, 2018

• New S.C. Law Adds Pregnancy and Childbirth Accommodation Requirements

  June 04, 2018

• Quid Pro Quo Sexual Harassment Includes Requests Involving Third Parties

  May 30, 2018

• Should Employers Begin Requiring Mandatory Arbitration Agreements?

  May 28, 2018

• Supreme Court Confirms Use of Class Action Waivers in Employment Arbitration Agreements

  May 28, 2018

• Manager's Complaints About Too Many Pregnant Women Prevent Summary Judgment on Discrimination Claim

  May 24, 2018

• Ninth Circuit Says Employee Bears Burden at Trial of Proving Available ADA Accommodation

  May 23, 2018

• What Happens When One Disability Accommodation Triggers Another Disability Complaint?

  May 21, 2018

• Employer Can Give Employee Option to Work During FMLA Leave

  May 17, 2018

• Ability to Work Rotating Shifts Considered Essential Job Function

  May 16, 2018

• Fourth Circuit Says Manager's Alleged Fear of 'Voodoo Curses' Constituted Race Discrimination

  May 14, 2018

• Group Email Exchange Deemed Protected Concerted Activity

  May 09, 2018

• Seventh Circuit Says Applicant Can Bring ADEA Disparate Impact Claim

  May 07, 2018

• U.S. Labor Department Issues Field Bulletin on New Tip Credit Rules

  May 03, 2018

• FLSA Does Not Regulate 'Spiritual Coercion'

  May 02, 2018

• N.C. Federal Court Allows Treble Damages Claim Based on Theft of Employee Personal Information

  April 30, 2018

• DOL Issues Fact Sheet on Overtime Pay for Higher Education Employers

  April 27, 2018

• Trump DOL Issues First Wage and Hour Opinion Letters

  April 25, 2018

• North Carolina Supreme Court Requires Specific Pleadings for Trade Secret Claim

  April 23, 2018

• Minor Changes to Business Do Not Allow New Owner to Ignore Existing Union Representation

  April 20, 2018

• New Lawsuit Claims First Amendment Protections for Political Speech for Employee of Private Sector Company

  April 18, 2018

• Full Ninth Circuit Says Use of Salary History Violates Equal Pay Act

  April 16, 2018

• Supreme Court Declines Review of Seventh Circuit ADA Leave Decision

  April 13, 2018

• Ignorance of OSHA Requirements Does Not Preclude Willful Violation

  April 11, 2018

• Supreme Court Says Automobile Service Advisors Exempt From FLSA Overtime Requirements

  April 09, 2018

• Why Is It Easier to Fire an Employee Instead of Refusing to Pay Unauthorized Overtime?

  April 06, 2018

• Multilayer Performance Review Can Help Avoid 'Cat's Paw' Claims

  April 04, 2018

• Should Employers Change NDAs to Exclude Sexual Harassment Complaints?

  April 02, 2018

• Wage and Hour Launches Pilot Program for FLSA Self-Corrections

  March 28, 2018

• 2018 Budget Bill Limits Tip Pooling

  March 27, 2018

• May Ineligible Employees Claim Rights to FMLA Leave?

  March 23, 2018

• Allowing Employee to Use Donated Leave Time Not a Required ADA Accommodation

  March 21, 2018

• Employer Not Required to Guarantee Scheduling Preference as Religious Accommodation

  March 19, 2018

• Telecommuting Deemed Reasonable Accommodation for In-House Attorney

  March 15, 2018

• Fourth Circuit Rejects Sexual Harassment Claim by Employee Who Quit Days Into Her Investigation

  March 14, 2018

• Sixth Circuit Says Title VII Protects Transgender Employees

  March 12, 2018

• NLRB Vacates Joint Employer Decision Based on Possible Conflict

  March 08, 2018

• Ninth Circuit Agrees to Reconsider Tip Credit Case

  March 07, 2018

• Second Circuit Says Title VII Prohibits Sexual Orientation Discrimination

  March 05, 2018

• Religious School Does Not Have to Restrict Hiring By Faith to Claim Ministerial Exemption

  March 01, 2018

• Get Consent to Access Personal Devices Employees Use for Work

  February 28, 2018

• Unable to Pass Licensing Requirements, Unable to Make ADA Claims

  February 26, 2018

• For OSHA Purposes, First Circuit Deems Subcontractor Employee of General Contractor

  February 21, 2018

• Maine Prohibits Employers From Discrimination Based on Off-Duty Marijuana Use

  February 19, 2018

• New DOL Rule on Disability Claims Procedures: Employer Action Required

  February 16, 2018

• Employees Again Sue Jimmy John's Based on Hiring Restriction

  February 14, 2018

• U.S. Labor Department Sends Notices of Contractor Compliance Audits

  February 12, 2018

• Fourth Circuit Raises Bar for Dismissal of Sexual Harassment Claims

  February 09, 2018

• Fourth Circuit Requires Employers to Calculate Value of In-Kind Compensation

  February 09, 2018

• PTO and Schedule Swaps May Not Fulfill Employer's Religious Accommodation Obligations

  February 07, 2018

• DOL Reinstates Bush-Era Wage and Hour Opinion Letters

  February 05, 2018

• Extended Consideration of Accommodation Request OK in Unusual Circumstances

  February 01, 2018

• Fourth Circuit Tosses Arbitration Agreements Signed After Litigation Began

  January 31, 2018

• DOL Throws in Towel on Standard for Unpaid Internships

  January 29, 2018

• Fourth Circuit Raises Bar for Early Dismissal of Equal Pay Claims

  January 25, 2018

• Company Owner Pleads Guilty to Criminal Charges Stemming From Wage-Hour Investigation

  January 24, 2018

• Employer Cannot Cap Bonus Plan Already in Effect

  January 22, 2018

• Prior Harassment Warning Used to Attribute Knowledge of Subsequent Conduct to Employer

  January 18, 2018

• N.C. Appellate Court Refuses to Declare Noncompete Invalid Prior to Discovery

  January 17, 2018

• New Tax Law Prohibits Deduction for Sexual Harassment Settlements With Confidentiality Clauses

  January 15, 2018

• Refusal to Take Flu Vaccine Not Based on Religious Beliefs

  January 10, 2018

• Federal Court Nixes EEOC's Wellness Rules But Delays Effective Date

  January 08, 2018

• Special Report: NLRB Acts Swiftly to Overturn Multiple Pro-Labor Decisions From Obama Era

  January 03, 2018

• Should N.C. Restrictive Covenants Prohibit Solicitation of Prospective Customers?

  December 20, 2017

• FMLA Requires Written Agreement With Exempt Employees for Intermittent Leave Calculation

  December 18, 2017

• Full Eleventh Circuit Declines to Revisit Meaning of Race Under Title VII

  December 15, 2017

• Overseas Affiliate Not Subject to Title VII Jurisdiction

  December 14, 2017

• NLRB General Counsel Signals Rollback of Positions Affecting Unionized, Non-Unionized Employers

  December 13, 2017

• DOL Proposes Repeal of Obama-Era Tip Credit Rule

  December 11, 2017

• Fourth Circuit Says Mixed-Fleet Drivers Entitled to Overtime

  December 07, 2017

• OSHA Delays Electronic Injury Reporting Requirement Until December 15

  December 05, 2017

• Nonprofits Can Avoid Overtime Requirements If They Avoid 'Enterprise' Status

  December 04, 2017

• Overtime Claim Against Chipotle Stayed Until Contempt Motion Is Heard

  November 22, 2017

• Ninth Circuit Agrees Minimum Wage Compliance Is Determined on Workweek Basis

  November 21, 2017

• Lousy Internship Experience Does Not Convert It Into Paid Work

  November 20, 2017

• Make Sure FMLA Forms Mailed to Employees Can Be Traced

  November 16, 2017

• Federal Legislation Would Preempt State and Local Laws in Return for Guaranteed Paid Leave

  November 15, 2017

• USERRA Requires Bonus Payment to Reservist Who Missed Training

  November 13, 2017

• Employer Not Required to Provide Indefinite Leave for a Temporary Disability

  November 06, 2017

• Federal Courts Uphold Employer Notification Requirements for FMLA Absences

  November 06, 2017

• FMLA Care Leave Rights Expire Upon Relative's Death

  November 03, 2017

• Fourth Circuit: Employer's Response to Unreported Harassment Defeats Later Title VII Claim

  November 03, 2017

• Lack of Bonus Plan Explanation Does Not Violate Sarbanes-Oxley

  October 30, 2017

• Third Circuit Bats Away Employer's Flexible Time Break Policy

  October 30, 2017

• Employer Can Use Draw-On-Commissions but Cannot Require Repayment Upon Termination

  October 27, 2017

• California Bans Salary History Inquiries During Hiring Process

  October 25, 2017

• IRS Announces 2018 Dollar Limits for Retirement Plans

  October 24, 2017

• Calling African-American 'Boy' and 'You People' Creates Hostile Work Environment

  October 23, 2017

• Departments of Justice and State Announce Joint Effort Targeting Visa-Abusing Employers

  October 20, 2017

• How to Answer Employee Questions About a Co-Worker's ADA Accommodations

  October 18, 2017

• Accommodations Beyond ADA Requirements Can Backfire on Employers

  October 16, 2017

• Tenth Circuit Upholds EEOC's Authority to Sue in Relation to Non-Disparagement Provision

  October 13, 2017

• DOJ Says Title VII Does Not Protect Transgender People

  October 10, 2017

• Ninth Circuit Rejects DOL's Interpretation of Tip Credit Rule

  October 09, 2017

• Workplace Communications Policy Can Limit Later Discovery Burdens

  October 06, 2017

• EEOC Sues Employer for Mandatory Bible Study Meetings

  October 04, 2017

• Seventh Circuit Says Extended Post-FMLA Medical Leave Not Required Under ADA

  October 02, 2017

• Settlement Agreements With Employees Should Avoid IRCA Compliance Contingency

  September 29, 2017

• DOJ Vows Criminal Prosecution of Employee "No Poaching" Agreements

  September 27, 2017

• U.S. Department of Labor Announces 2018 Federal Contractor Minimum Wage Increases

  September 25, 2017

• U.S. Education Department Issues Interim Guidance on Campus Sexual Assault

  September 25, 2017

• Eleventh Circuit Says PDA May Require Accommodation of Breastfeeding Needs

  September 22, 2017

• Trade Secrets: What In-House Counsel Need to Know

  September 22, 2017

• Failure to Complain About Sexual Harassment Over Long Period of Time Dooms Later Claims

  September 20, 2017

• European Court Says Employers Cannot Monitor Employees' Personal Email Sent on Company Servers

  September 18, 2017

• NLRB Upholds Rule Prohibiting Disclosure of Confidential Customer Information

  September 1, 2017

• Federal Court Again Says Telecommuting Not Acceptable Substitute for Being at Work

  August 30, 2017

• Denial of Lateral Transfer Adverse Employment Action Under Title VII

  August 28, 2017

• Eighth Circuit Says Racist Comment Not Justification for Terminating Striking Worker

  August 25, 2017

• Google and Charlottesville Events Raise Questions for Companies Regarding Employee Political Views

  August 23, 2017

• North Carolina Governor Signs Law Creating Division to Investigate and Prosecute Employee Misclassification Claims

  August 21, 2017

• Ninth Circuit Says Mortgage Underwriters are Production Workers Not Eligible for Overtime Exemption

  August 4, 2017

• DOL Halts Enforcement of Tip Pooling Rules

  August 2, 2017

• Fifth Circuit Finds Telecommuting Not Reasonable for Accommodation for Litigation Attorney

  July 31, 2017

• Workplace Odors Can Provide Basis for Telecommuting Arrangement

  July 28, 2017

• Latest Revised I-9 Form Released

  July 26, 2017

• Massachusetts Supreme Court Finds Medical Marijuana Users Protected from Adverse Employment Action

  July 24, 2017

• NLRB Affirms Employer's Right to Terminate Employees Who Disparaged Company's Food Safety Practices

  July 21, 2017

• OSHA Proposes Delay for New Injury Reporting Requirements

  July 19, 2017

• Eleventh Circuit Decision May Prompt Supreme Court to Determine Coverage of Sexual Orientation Bias Under Title VII

  July 17, 2017

• President Trump Loosens DOL Apprenticeship Qualifications

  June 30, 2017

• North Carolina Appellate Court Refuses to Lift Preliminary Injunction in Non-Solicitation Case Before Trial

  June 28, 2017

• Ninth Circuit Finds Small Government Subdivisions Subject to ADEA

  June 26, 2017

• Fourth Circuit Affirms "Mark of the Beast" Religious Discrimination Verdict

  June 19, 2017

• Shielding Teacher From Unruly Students Not ADA Reasonable Accommodation

  June 16, 2017

• Second Circuit Upholds NLRB Ban on No Recording Policy

  June 14, 2017

• DOL Withdraws Joint Employer Guidance

  June 12, 2017

• Seventh Circuit Title IX Ruling May Impact Transgender Employee Protections

  June 5, 2017

• EEOC Charge Does Not Need to Specify Quid Pro Quo Sexual Harassment

  May 26, 2017

• Can Employers Require Medical Confirmation of Pregnancy for FLMA Leave Purposes?

  May 24, 2017

• Fourth Circuit Says FMLA Allows Reinstatement to Equivalent Position Even If Original Job Remains

  May 22, 2017

• Expletive-Laced Facebook Rant Protected Under Federal Labor Law

  May 5, 2017

• Sixth Circuit Says "Cat's Paw" Theory Applies to FMLA Retaliation Claim

  May 3, 2017

• Should Employers Consider Dropping Marijuana Testing?

  May 1, 2017

• Whistleblower Retaliation Remains in the SEC's Crosshairs

  April 25, 2017

• Employer Not Required to Pay for Medical Treatment or Provide Teamwork Structure as ADA Accommodations

  April 21, 2017

• Employer Potentially Liable for Supervisor's Off-Duty Murder of Employee

  April 19, 2017

• NC Court of Appeals Says Attempted ADA Accommodation Can Be Terminated Based on Effects on Coworkers

  April 17, 2017

• IRS Asks Employers to Report Phishing Schemes

  April 15, 2017

• Fourth Circuit Upholds Termination of Public Employee for Social Media Comments

  April 14, 2017

• Supreme Court Defers to Lower Court Determinations on EEOC Subpoena Powers

  April 12, 2017

• Seventh Circuit Says Sexual Orientation Protected Under Title VII

  April 10, 2017

• Second Circuit Chief Judge Urges Reconsideration of Title VII's Prohibition Against Sexual Orientation Discrimination

  April 7, 2017

• President Trump Kills Fair Pay and Safe Workplaces Federal Contractor Rule

  April 5, 2017

• HB2 Repeal Shields Employers From Local Labor Ordinances

  April 3, 2017

• Mandatory Disclosure of Prescription Drug Use May Violate ADA

  March 31, 2017

• Tips Cannot Be Used to Satisfy Minimum Wage Requirement for Non-Tipped Work

  March 29, 2017

• Split Eleventh Circuit Panel Says Title VII Does Not Prohibit Discrimination Based on Sexual Orientation

  March 27, 2017

• Tenth Circuit Rejects Broad EEOC Subpoena in Single Employee Discrimination Charge

  March 24. 2017

• Purchaser of Assets in North Carolina Should Not Rely on Assign Ability of Seller's Non-Compete Agreements

  March 22, 2017

• Supreme Courts Dismissal of Transgender Discrimination Case Could Affect Employment Discrimination Claims

  March 20, 2017

• Repeated "Friendly" Hugs and Kisses Can Rise to the Level of Actionable Sexual Harassment

  March 17, 2017

• New NLRB Chair's Dissent May Point to Future Board Position on Challenges to Employee Handbook Policies

  March 15, 2017

• Federal Computer Hacking Laws Apply to Executive's Unauthorized Access to Coworkers' Emails

  March 13, 2017

• Prior Sexual Harassment Does Not Ease Plaintiff's Burden of Showing Hostile Work Environment

  March 10, 2017

• FMLA Caregiver Leave Rights Can Extend to Grandparents

  March 8, 2017

• Federal ARB Says H-1B Employers Do Not Have to Pay Travel Costs for Employees Who Initially Decide to Stay in the U.S.

  March 6, 2017

• Work in "Ultrahazardous" Activity Does Not Provide North Carolina Employees with Exception to Workers' Compensation Exclusivity

  March 1, 2017

• Employers Should Review Work Authorization Procedures

  February 27, 2017

• Fourth Circuit Finds Religious Accommodation Obligation Does Not Require Waiver of Advance Notice Policy

  February 22, 2017

• Fourth Circuit Follows Salinas Decision With Finding of Joint Employment of Satellite TV Installers

  February 20, 2017

• Seventh Circuit Dismissal Signals Likely End to EEOC's Challenges to Employer-Sponsored Wellness Programs

  February 17, 2017

• Second Circuit Rejects Attempt to Prove Equal Pay Violation Through Simple Salary Comparison

  February 15, 2017

• Sales Plans Should Contain Specific Treatment of Trailing Commissions

  February 13, 2017

• Harassment of Patients Does Not Give Reporting Employee Cause of Action Under Title VII

  February 10, 2017

• Fourth Circuit Says Construction General Contractor Responsible to Subcontractor's Employees for FLSA Violations

  February 8, 2017

• Tenth Circuit Rejects EEOC Position on Retroactive Accommodation of Performance Issues

  February 6, 2017

• Seventh Circuit Affirms FMLA Retaliation Claim Based on Employer Ending Home Working Arrangement

  February 01, 2017

• Fifth Circuit Allows Award of Compensatory Damages for FLSA Overtime Violation

  January 31, 2017

• Seventh Circuit Says Student Athletes Not Entitled to Minimum Wage Payment

  January 30, 2017

• Third Circuit Allows Disparate Impact Age Discrimination Action Based on Comparison of Over-40 Workers

  January 25, 2017

• Fourth Circuit Rejects Police Department's Social Media Policy on First Amendment Grounds

  January 24, 2017

• Supreme Court Agrees to Review NLRB Position on Class Action Arbitration Waivers

  January 23, 2017

• Requiring Non-Competes for Low Level Employees Raises Increasing Risks for Employers

  January 19, 2017

• Can Employers Continue Post-Accident Drug and Alcohol Testing?

  January 18, 2017

• Ninth Circuit Again Says Auto Dealers' Service Advisors Are Not FLSA Exempt Employees

  January 17, 2017

• Fifth Circuit Rejects EEOC's Position on Punitive Damages for Age Discrimination

  January 11, 2017

• France Passes New Law Protecting Employees from Answering Off-Duty Emails

  January 10, 2017

• EEOC Settlement Reminds Healthcare Employers of Limits on Mandatory Vaccinations

  January 09, 2017

• OSHA Publishes RFI for Possible Workplace Violence Standard

  January 05, 2017

• Percentage of Wage Bonus Plan Can Avoid Retroactive Overtime Calculations

  January 04, 2017

• North Carolina Legislature Rejects HB2 Repeal

  January 03, 2017

• What's Happening With the New Overtime Exemption Rules?

  December 21, 2016

• Jimmy John's Settlement Cautions Employers Over Widespread Non-Compete Use

  December 20, 2016

• Eleventh Circuit Finds ADA Does Not Require Reassignment Over More Qualified Applicants

  December 19, 2016

• NLRB Says Social Media Policy Cannot Prohibit Employees from Posting Pictures of Company Uniforms

  December 14, 2016

• FMCSA Announces CDL Drug and Alcohol Clearinghouse

  December 13, 2016

• EEOC Issues Updated National Origin Discrimination Enforcement Guidance

  December 12, 2016

• OSHA Reports Continuing Decrease in Workplace Injuries

  December 07, 2016

• Long-Term Shift of Essential Job Functions May Remove Them as Mandatory Qualifications

  December 06, 2016

• Reverse Discrimination Protections Do Not Include Family Relationship with Alleged Racist

  December 05, 2016

• Federal Court Injunction Throws Employers' Plans for December 1 Overtime Changes Into Disarray

  November 28, 2016

• Marijuana Initiatives Do Not Require Changes to Drug Testing Policies

  November 23, 2016

• Tenth Circuit Says FLSA Overtime Rate Does Note Include Reasonable Per Diem Meal Pay

  November 22, 2016

• Federal Judge Permanently Blocks DOL "Persuader" Rule

  November 21, 2016

• NIOSH Sets Recommended Exposure Limits for Diacetyl

  November 16, 2016

• Same-Sex Harassment Not Actionable When Conduct Not Based on Gender

  November 15, 2016

• Fluctuating Workweek Policy Does Not Have to be Translated into Employee's Native Language

  November 14, 2016

• Fourth Circuit Finds Sufficient Evidence of FMLA Fraud to Defeat Interference Claim

  November 09, 2016

• EEOC Updates Strategic Enforcement Plan

  November 08, 2016

• Supreme Court Agrees to Review Transgender Restroom Use

  November 07, 2016

• White House Council of Economic Advisors Cites Non-Competes as Factor in Increasing Labor Monopsony

  November 02, 2016

• Federal Judge Blocks Federal Contractor "Blacklisting" Order

  November 01, 2016

• Employer Had Implied Knowledge of Employee's Need for ADA Reasonable Accommodation

  October 31, 2016

• ADA Allows Sleep Apnea Test for Obese Driver

  October 25, 2016

• Eleventh Circuit Says No to Applicant Disparate Impact Age Discrimination Claims

  October 24, 2016

• Paid Breaks Cannot Offset Overtime Obligations

  October 19, 2016

• Seasonal Exemption May Help Some Employers Avoid New Overtime Pay Requirements

  October 18, 2016

• Seventh Circuit Says Workplace Noose Does Not Automatically Create Hostile Work Environment

  October 17, 2016

• DOL Releases Final Sick Leave Mandate for Federal Contractors

  October 12, 2016

• Trucking Company Owner Personally Liable for Whistleblower Retaliation Claim

  October 11, 2016

• EEOC Finalizes New EEO-1 Form Requiring Disclosure of Pay Information

  October 10, 2016

• Termination for Refusal to Cut Dreadlocks Not Race Discrimination

  October 04, 2016

• SEC Fines Employers for Release Language Disclaiming Right to Monetary Recovery from Whistleblower Complaints

  October 03, 2016

• Fourth Circuit Requires Individual Analysis of "Me Too" Discrimination Evidence

  September 28, 2016

• Federal ALJ Says NLRA Also Protects Employee Social Media Use from Union Interference

  September 27, 2016

• Ninth Circuit Holds SOX Gives SEC Power to Cause Executives to Disgorge Incentive Compensation Based on Others' Misconduct

  September 26, 2016

• New IRS Guidance on Deferred Compensation for Tax-Exempt and Governmental Employers

  September 21, 2016

• Supervisor's Remarks May Constitute Direct Evidence of Discriminatory Bias

  September 20, 2016

• OSHA Details Federal Contractor Safety Violation Disclosures

  September 19, 2016

• New White Collar Exemption Salary Level May Result in Decreased Base Pay

  September 14, 2016

• Tenth Circuit Decision Shows How Employers Can Deal with Performance Problems Discovered with Employees on Leave

  September 13, 2016

• Seventh Circuit Upholds NLRB Order to Return Jobs from Mexico to U.S. Facility

  September 12, 2016

• NLRB Finds Temp Agency Joint Employer with User of Labor Services

  September 08, 2016

• NCDOL to Cooperate with Federal Agencies to Crack Down on Employee Misclassification

  September 07, 2016

• EEOC Issues Retaliation Enforcement Guidance

  September 06, 2016

• NLRB Says Employees Spreading Inaccurate Information is Protected Conduct

  August 31, 2016

• ACA Non-Discrimination Rules May Apply to Certain Healthcare Employers' Benefits Practices

  August 30, 2016

• DOJ Proposes Expanding Reaching of INA's Anti-Discrimination Provisions

  August 29, 2016

• North Carolina Court Again Narrows Scope of Post-Employment Restrictions

  August 24, 2016

• NLRB Says General Conflict of Interest Policies Violate Federal Labor Law

  August 23, 2016

• Health Plan Case Managers Entitled to Overtime Pay

  August 22, 2016

• Don't Use Form Non-Compete with North Carolina Employees

  August 17, 2016

• D.C. Circuit Upholds NLRB Position on Illegal Handbook Policies

  August 16, 2016

• New Massachusetts Law Prohibits Employers from Asking Applicants About Salary History

  August 15, 2016

• Eight Circuit Holds Asset Purchaser Liable for Failure to Provide WARN Notice to Seller's Employees

  August 10, 2016

• Federal ALJ Says Ban on Conducting Personal Business in Handbook Violated NLRA Rights

  August 09, 2016

• Seventh Circuit Says Title VII Does Not Protect Against Discrimination Based on Sexual Orientation

  August 08, 2016

• Are Professional Athletes Covered Under New Overtime Rules?

  August 03, 2016

• Recent EEOC Notice Seeks to Counter Portions of North Carolina's HB2 Law

  August 02, 2016

• Seventh Circuit Rejects Dual Minimum Wage Requirement for Tipped Workers Who Perform Other Duties

  August 01, 2016

• EEOC Revises, Delays Pay Data Collection Proposal

  July 27, 2016

• Fourth Circuit Says Failure to Replace Employee Does Not Defeat Discriminatory Termination Claim

  July 26, 2016

• OSHA Delays Enforcement of Portions of New Recordkeeping Rules

  July 25, 2016

• NLRB Allows Temporary Employees to Form Part of Bargaining Unit for Union Elections

  July 20, 2016

• ADA Allows Employer to Reduce Employee to Part-Time Status After Return From Medical Leave

  July 19, 2016

• Fourth Circuit Says Failure to Advise Employee of Leave Reinstatement Interfered with FMLA Rights

  July 18, 2016

• Fifth Circuit Says Texas May Challenge EEOC Criminal Background Check Guidance

  July 13, 2016

• Cashed Out Benefits Must Be Included in Regular Rate When Calculating Overtime Premium

  July 12, 2016

• North Carolina General Assembly Reinstates State Law Discrimination Claims

  July 11, 2016

• Employers Limited in Service Fees Deductions From Credit Card Tips

  July 07, 2016

• Limited Liability Company Member Not an Employer Under NC Wage and Hour Act

  July 06, 2016

• Federal Judge Blocks DOL "Persuader" Rule

  July 05, 2016

• Highly Compensated Employee Cannot Claim FLSA Violation Based on Employer's Wage Withholding

  June 29, 2016

• North Carolina Supreme Court Denies Employee's Claim to Patent Ownership Based on Pay Dispute with Employer

  June 28, 2016

• Supreme Court Passes Automobile Dealership Service Advisor Exemption Issue Back to Lower Court

  June 27, 2016

• Can North Carolina Employers Terminate Employees Based on Threat of Domestic Violence Spillover?

  June 22, 2016

• Prevailing FLSA Defendant May Recover Costs From Unsuccessful Plaintiff

  June 21, 2016

• Fourth Circuit's Exotic Dancer Decision May Affect Other Independent Contractor Classifications

  June 20, 2016

• Second Circuit Rejects Light Duty Program Limited to Job-Related Injuries

  June 14, 2016

• Appellate Court Split Sets Stage for Supreme Court to Determine Use of Class Action Waivers in Employment Arbitration Agreements

  June 13, 2016

• Ninth Circuit Affirms Use of FLSA "Rounding" Rule for Recording Time Worked

  June 08, 2016

• New Overtime Salary Exemption Levels Allow Limited Use of Incentive Pay

  June 07, 2016

• Supreme Court Allows Employer to Collect Fees From the EEOC Without Verdict on Merits of Claim

  June 06, 2016

• Fourth Circuit Finds Rebellious Behavior by Subordinates Insufficient to Constitute Hostile Work Environment

  June 02, 2016

• NLRB Again Rejects Employer Code of Conduct Provisions Requiring Positive Coworker Relations

  June 01, 2016

• Supreme Court Says Limitations Period for Discrimination Claims Runs Beginning on Date of Constructive Discharge

  May 31, 2016

• New Defend Trade Secrets Act Requires Employers to Include Disclaimers in All Confidential Information Agreements

  May 25, 2016

• EEOC Issues Final Wellness Plan Rules

  May 24, 2016

• DOL Issues Final Overtime Exemption Rules Doubling Minimum Salary as of December 1

  May 23, 2016

• Fourth Circuit Rejects Motor Carrier's Defense in Refusing to Hire Driver Diagnosed with Narcolepsy

  May 18, 2016

• Fourth Circuit Says Standard for Adverse Action in Retaliation Claim is Significantly Lower Than That for Discrimination Claims

  May 17, 2016

• OSHA Issues Final Rules on Electronic Injury Reporting

  May 16, 2016

• South Carolina Court of Appeals Says 150-Mile Geographic Restriction in Non-Compete is Unreasonable

  May 11, 2016

• EEOC Issues Fact Sheet on Transgender Employee Bathroom Access

  May 10, 2016

• FASB Improves Employee Share-Based Payment Accounting

  May 09, 2016

• Fourth Circuit Says Employer-Sponsored Training Through Community College May Be Compensable Working Time

  May 09, 2016

• NLRB Rejects General Employee Behavior Standards in Code of Conduct

  May 04, 2016

• Congress Passes Federal Trade Secret Protection Legislation

  May 02, 2016

• Special Report: How Should NC Employers Apply Restroom Policies Following HB2?

  April 26, 2016

• Permanent Light Duty Not Required Under ADA

  April 25, 2016

• Fifth Circuit Rejects EEOC's Position on Reasonable Belief Standard for Reactive Retaliation Claims

  April 20, 2016

• Morbid Obesity Must Have Physiological Cause to Gain ADA Protection

  April 19, 2016

• Does HB2's Prohibition on State Discrimination Suits Apply to Pending Cases?

  April 18, 2016

• Eleventh Circuit Recognizes Pregnancy Complications as ADA Disability, but Says Employer Does Not Have to Waive Mandatory Overtime

  April 13, 2016

• Social Media Policy Cannot Prevent Employee from Negative Responses to Customer Tweets

  April 12, 2016

• Fourth Circuit Says Employer's Response to Race Discrimination Claims Did Not Excuse Plaintiff's Failure to Allege Claims in EEOC Charge

  April 11, 2016

• Fourth Circuit: Courts, Not Arbitrators, Decide the Availability of Class Arbitration

  April 07, 2016

• Second Circuit Finds Human Resource Manager Personally Liable for FMLA Violations

  April 06, 2016

• EEOC Not Required to Conciliate Class Claims On an Individual Basis

  April 05, 2016

• New NC LGBT Legislation Eliminates All State Law Employment Discrimination Lawsuits

  April 04, 2016

• DOL Issues Final "Persuader" Rules Governing Disclosure of Consultants in Antiunion Efforts

  March 30, 2016

• North Carolina Supreme Court Reaffirms Strict "Blue Pencil" Rule for Non-Competes

  March 29, 2016

• Supreme Court Says Averages May be Used to Establish Classwide Liability

  March 28, 2016

• Fourth Circuit Ducks Transgender Discrimination Coverage Under Title VII

  March 23, 2016

• Sixth Circuit Says Residential Loan Underwriters Are Exempt From Overtime Requirements

  March 22, 2016

• Fourth Circuit Says Driving May Not Be Essential Job Function for Traveling Salesperson

  March 21, 2016

• Computer Usage Records Not Enough to Place Employer on Notice of Unauthorized Overtime

  March 09, 2016

• First Circuit Says Employees on Fluctuating Workweek Pay Plan May Receive Commissions or Incentive Bonuses

  March 08, 2016

• EEOC Sues Employers on Grounds That Sexual Orientation Bias is "Inherently" Sex Discrimination Under Title VII

  March 07, 2016

• Warnings and Loss of Bonus Deemed Acceptable Response to Harassment Complaints

  March 01, 2016

• Ninth Circuit Says DOL Tip Pooling Restrictions Apply Even if Employer Does Not Claim Tip Credit

  February 29, 2016

• Final EEOC Charge Statistics for FY 2015 Show Increase in Retaliation Claims

  February 24, 2016

• Repeated Touching Enough to Justify Same-Sex Harassment Verdict

  February 23, 2016

• North Carolina Federal Court Says State Wage Payment Claims Cannot Be Waived Through Private Release

  February 22, 2016

• ADA Does Not Protect Nurses with Restricted Licenses Due to Narcotics Abuse

  February 15, 2016

• NLRB Says Agreement's Failure to Advise Employee of Right to File Claims with Board Violates Federal Labor Law

  February 15, 2016

• WARN Act Does Not Prohibit Employers From Spacing Layoffs to Avoid Notice Requirements

  February 15, 2016

• EEOC Announces New Pay Disclosure Requirement

  February 08, 2016

• Proposed Federal Rule Says Government Contractors Cannot Prevent Employee from Reporting Fraud, Waste or Abuse

  February 08, 2016

• Supreme Court Says No Subrogation Claims from Health Plan After Participant Spends Settlement

  February 08, 2016

• Alleged Harassers' Intent Irrelevant to Hostile Environment Determination

  February 01, 2016

• Federal ALJ Allows OSHA to Seek Enterprise-Wide Abatement of Hazards Discovered at One Location

  February 01, 2016

• Fourth Circuit Upholds Gender-Based Job Qualification

  February 01, 2016

• EECO Settles GINA Lawsuit Against Employer Using Outdated Medical Forms

  January 18, 2016

• Federal OSHA Releases Online Injury Reporting Form

  January 18, 2016

• NLRB Again Says Employers Cannot Impose Blanket Ban on Employee Recording in Workplace

  January 18, 2016

• Federal Court Rejects EEOC Suit Challenging Employee Wellness Plan

  January 11, 2016

• Fourth Circuit Says Insurance Investigators Do Not Qualify for Overtime Exemption

  January 11, 2016

• New NC "Ag-Gag" Law Might Conflict with NLRB View of Concerted Activity Rights

  January 11, 2016

• DOT Lowers Random Drug Testing Rate to 25 percent for 2016

  January 04, 2016

• Fourth Circuit Says Medical Case Managers Are Exempt Professionals

  January 04, 2016

• Seventh Circuit Tosses EEOC Lawsuit Challenging CVS Severance Agreements Due to Failure to Conciliate

  January 04, 2016

• Supreme Court Agrees to Review EEOC's Obligation to Pay Employer's Attorneys' Fees

  December 23, 2015

• Job Applicants May Bring Disparate Impact Age Discrimination Claims

  December 22, 2015

• Supreme Court Upholds Class Action Arbitration Waivers

  December 21, 2015

• Tuition Reimbursement Requirement May Result in Loss of FLSA Overtime Exemption

  December 14, 2015

• DOL Anticipates Late 2016 Issuance of Final Overtime Exemption Rules

  December 14, 2015

• Fourth Circuit Says Mandatory Arbitration Agreement in Employee Handbook is Unenforceable

  December 14, 2015

• EEOC Expanding Digital Charge Response System

  December 07, 2015

• Refusal to Allow Employee to Rescind Resignation May Violate Title VII

  December 07, 2015

• Third Circuit Finds Host Company Subject to Title VII Discrimination Claims by Temp

  December 07, 2015

• Fourth Circuit Tosses Sexual Harassment Claim Based on Failure of Employee to Report Supervisor's Conduct

  November 23, 2015

• Employees Using FMLA Leave Must Abide by Employer's Absence Notification System

  November 23, 2015

• New OSHA Penalty Maximums Take Effect by August 1, 2016

  November 23, 2015

• D.C. Circuit Upholds NLRB Ban on Various Employee Handbook Policies

  November 16, 2015

• Supreme Court Agrees to Review Additional ACA Birth Control Mandate Cases

  November 16, 2015

• EEOC Proposed Rules for Wellness Program Compliance with GINA

  November 16, 2015

• Ninth Circuit Gives EEOC Broad Access to Employee Personal Information During Charge Investigation

  November 09, 2015

• Fifth Circuit Repeats Rejection of NLRB Ban on Class Action Waivers

  November 09, 2015

• Seventh Circuit Backs Employer on Running of FMLA Statute of Limitations

  November 09, 2015

• Employee on Extended Medical Leave Cannot Claim ADA Violation for Reduced Discretionary Bonus

  November 02, 2015

• Employee Does Not Have to Seek Raise to Maintain Pay Discrimination Action

  November 02, 2015

• Second Circuit Affirms NLRB View That Facebook "Likes" Are Protected Concerted Activity

  November 02, 2015

• Full Eighth Circuit Rejects OSHA's Expansive Reading of Machine Guarding Standard

  October 26, 2015

• California Adopts Landmark Pay Differential Law

  October 26, 2015

• IRS Announces 2016 Dollar Limitations for Retirement Plans

  October 26, 2015

• Second Circuit Will Not Review Adequacy of EEOC Investigation

  October 19, 2015

• NLRB Case Explains Agency's Position on Confidential Information Policies

  October 19, 2015

• OSHA Releases Annual Top Ten Citations List

  October 19, 2015

• Supreme Court Agrees to Review California Rule Invalidating Contractor Arbitration Agreements

  October 12, 2015

• NLRB Says Employee Protest of Government Action is Protected Concerted Activity

  October 12, 2015

• NC Court of Appeals Finds $100 Adequate Consideration to Support Non-Compete

  October 12, 2015

• Employee's Change in Racial Self-Identification Cannot Support Discrimination Claim if Employer Unaware of Change

  October 05, 2015

• Employee Assigned to Charlotte Operation But Working in South Carolina Cannot File North Carolina Comp Claim

  October 05, 2015

• South Carolina Supreme Court Finds Employee Cannot Sue for Breach of Contract and Wrongful Discharge

  October 05, 2015

• Changes to Pay Structure in Lieu of Requested Accommodations May Violate ADA and FMLA

  September 28, 2015

• EEOC Sues Employer for Requiring That Epileptic Employee Take Medication as a Condition of Continuing Employment

  September 28, 2015

• OFCCP Issues Final Rule on Contractor Pay Transparency

  September 28, 2015

• BMW and EEOC Resolve Lawsuit Over Criminal Background Checks

  September 21, 2015

• NLRB Says Arbitration Agreement Without Carve-Out for Unfair Labor Charges Violates Federal Labor Law

  September 21, 2015

• ADA May Require Accommodation of Deaf Medical Technician

  September 21, 2015

• New Executive Order Mandates Sick Pay for Federal Contractors

  September 14, 2015

• DOL Refuses to Extend Comment Period for Overtime Exemption Salary Changes

  September 14, 2015

• EEOC Continues Attacks Against Employers Accused of Requiring Employee to Waive Rights to Bring Discrimination Charges

  September 14, 2015

• NC Toughens Unemployment Benefit Eligibility Rules

  September 14, 2015

• Despite Abercrombie, Fifth Circuit Again Rejects Claim From Employee Fired for Refusing to Read Rosary

  September 07, 2015

• Employer Not Required to Accommodate Inability to Work Predictable Hours

  September 07, 2015

• Terminating Employee on Day After Return From FMLA Leave Not Good Idea

  September 07, 2015

• Last Minute Write-Up Has Unintended Negative Legal Results

  August 31, 2015

• Appeals Court Upholds DOL Changes to Home Care Worker Exemption

  August 31, 2015

• NLRB Expands Joint Employer Coverage

  August 31, 2015

• NLRB Says Employer Cannot Suspend Employee for Posting Disciplinary Warning

  August 24, 2015

• Fourth Circuit Says Tip Pooling Rules Only Apply if Employer Claims Tip Credit

  August 24, 2015

• OSHA Seeks to Extend Deadline for Citations Against Employers for Recordkeeping Violations

  August 24, 2015

• NLRB Says Filing Class Action Lawsuit is Protected Concerted Activity

  August 17, 2015

• Federal Judge Rejects Challenge to NLRB Ambush Election Rules

  August 17, 2015

• Fourth Circuit Rejects "Manager Rule" Exception to Title VII Retaliation Claims

  August 17, 2015

• Make Sure your Company is Using Updated FMLA Medical Certification Forms

  August 10, 2015

• Third Circuit Says Employer Did Not Retaliate Against Employee by Disallowing Tape Recording of Disciplinary Meeting

  August 10, 2015

• Does NC Law Prohibit Employers From Acting on Drunk Facebook Behavior?

  August 10, 2015

• Confederate Flag License Plate Does Not Create a Hostile Work Environment Based on Race

  August 03, 2015

• Employer Potentially Liable for Harassment of Supervisor by Her Subordinates

  August 03, 2015

• Fourth Circuit Says Placing Employee on PIP Not Discrimination Under Title VII

  August 03, 2015

• Fourth Circuit Says Host User of Temporary Employee Liable for Title VII Violations

  July 27, 2015

• EEOC Issues Overview on LGBT Rights Under Title VII

  July 27, 2015

• DOL Issues Warning to Companies Misclassifying Employees as Independent Contractors

  July 27, 2015

• Fifth Circuit Sanctions DOL for Frivolous Claims Against Employer

  July 17, 2015

• Second Circuit Rejects DOL Test on Intern Pay

  July 17, 2015

• NLRB Says Employers Cannot Ask Employees Not to Discuss Internal Investigation

  July 17, 2015

• DOL Proposed Overtime Rules Raise Possibility of Expansion of Computer Professional Exemption

  July 10, 2015

• Fourth Circuit Holds Employer to High Standard for Responding to Anonymous Workplace Harassment

  July 10, 2015

• DOL Releases Proposed White Collar Overtime Exemption Rule Changes

  July 03, 2015

• NLRB Nixes Employer Policy Prohibiting Employee Conflicts of Interest

  July 03, 2015

• Same-Sex Marriage Ruling - What Does It Mean for Employee Benefit Plans?

  July 03, 2015

• Colorado Decision Shows Continuing Tension Between Legal Marijuana and Employer Drug Testing

  June 26, 2015

• NLRB Says Employer Cannot Rescind Contract for Employee Who Wrote Complaining Email to Co-Workers

  June 26, 2015

• New SDS Disclosures Require Changes to Overall Hazard Communication Policy

  June 26, 2015

• Health Insurance Premium Subsidies Upheld by Supreme Court

  June 26, 2015

• A Reminder to Employers That FLSA Claims Cannot Be Waived in Most Circumstances

  June 19, 2015

• Cumulative Harassment Theory Must Include Individual Claims That Meet Severe and Pervasive Threshold

  June 19, 2015

• Deferred Compensation - Updated IRS Audit Guide

  June 19, 2015

• Supreme Court Agrees to Review Another Donning/Doffing Case

  June 19, 2015

• Federal Judge Rejects Challenge to NLRB Ambush Election Rules

  June 12, 2015

• NC General Assembly Overrides Veto of Property Protection Bill

  June 12, 2015

• Second Circuit Upholds Employers' Use of Effective ADA Accommodation Over "Perfect" One Sought by Employee

  June 12, 2015

• OSHA Issues Best Practices for Transgendered Employee Restroom Use

  June 05, 2015

• DOL Issues Guidance on Contractor Compliance Executive Order

  June 05, 2015

• Supreme Court Agrees With EEOC on Duty to Accommodate Suspected Religious Practices

  June 05, 2015

• Will DOL's Overtime Rule Revisions Fix the Outside Salesperson Exemption?

  May 29, 2015

• Fourth Circuit Adopts Lower Burden for Plaintiffs to Survive Summary Judgment on Retaliation Claims

  May 29, 2015

• Supreme Court Affirms Duty to Monitor Plan Investments

  May 29, 2015

• Federal Court Rejects Challenge to Contractor Labor Posting Requirements

  May 22, 2015

• NLRB Says Letting Co-Worker Know About Job Posting is Protected Activity Under Federal Labor Law

  May 22, 2015

• Supreme Court to Determine if Offer of Relief to Named Plaintiff Moots Class Action

  May 22, 2015

• Delay in Calling 911 After Accident Results in Willful OSHA Violation

  May 15, 2015

• Telling Harasser to Stop Conduct Protects Employee from Retaliation

  May 15, 2015

• Fourth Circuit Reverses Position on Single Racial Slur as Sufficient to Create Hostile Work Environment

  May 15, 2015

• Traps for the Unwary: A Look at Employees and Benefits in M&A Transactions

  May 13, 2015

• Federal Court Won't Block NLRB Ambush Election Rules

  May 08, 2015

• Supreme Court to Decide When Limitations Period Begins Running for Constructive Discharge Discrimination Claims

  May 08, 2015

• Do Your Employee Confidential Information Agreements Protect Your Social Media Assets?

  May 08, 2015

• Harassing Act Directed at Another Employee Enough to Revive Plaintiff's Time Barred Harassment Claims

  May 01, 2015

• Informal Complaint to Supervisor About Pay Prohibits Retaliation Under the FLSA

  May 01, 2015

• Supreme Court Requires Narrow Proof of EEOC Conciliation Efforts

  May 01, 2015

• EEOC Requires Employer to Provide Restroom Access to Transgendered Employee Based on Gender Identity

  April 24, 2015

• Eighth Circuit Says Effects of Obesity on Kidney Functions Not FMLA Serious Health Condition

  April 24, 2015

• EEOC Issues Proposed Rules for Wellness Program Compliance Under the ADA

  April 24, 2015

• Seller of Business is Special Circumstance That Justified Termination Following Expiration of Contract

  April 17, 2015

• ALJ Nixes Hospital's Broad English-Only Rule Under NLRA

  April 17, 2015

• Sixth Circuit Rejects EEOC's Demand for Telecommuting as ADA Accommodation

  April 17, 2015

• Deceased Employee's ADA Claim Becomes Property of Estate

  April 10, 2015

• NLRB Rejects Profane Employee Facebook Rant as Grounds for Termination

  April 10, 2015

• SEC Says Employer's Confidentiality Agreement Violates Dodd-Frank

  April 10, 2015

• NC Court of Appeals Finds Freight Broker Liable for Driver's Workers' Comp Claim

  April 03, 2015

• Ninth Circuit Defers to DOL View that Automobile Service Advisors Have No Industry Overtime Exemption

  April 03, 2015

• NLRB General Counsel Releases Memo on Employee Handbook Conflicts With Employee Concerted Activity Rights

  April 03, 2015

• EEOC's Proposed Rules for Employer Wellness Programs at OMB for Approval

  March 27, 2015

• Employers Asserting ADA Direct Threat Defense Do Not Have to Prove Actual Threat

  March 27, 2015

• Supreme Court Allows Employee to Claim Pregnancy Discrimination Based on Employers' Accommodations to Other Persons

  March 27, 2015

• Failure to Comply with Terms of EEOC Consent Order Costs Employer $400,000 in Agency's Costs

  March 20, 2015

• Fourth Circuit Says Social Anxiety Disorder Is ADA Disability

  March 20, 2015

• NC OSHA Posts Online Reporting Form for Workplace Hospitalizations

  March 20, 2015

• Fourth Circuit Affirms Dismissal of Age Discrimination Claim Despite Manager's Comments About Need to Retire

  March 13, 2015

• South Carolina Does Not Protect Employee Against Discharge for Reporting Crime to Police

  March 13, 2015

• Supreme Court Says Agencies Can Change Rule Interpretation Without Notice and Comment

  March 13, 2015

• Michel Vanesse Featured in Carolina Banker

  March 12, 2015

• Teacher With Fear of Children Not Entitled to ADA Accommodation

  March 06, 2015

• NLRB Restricts Company From Requiring Employee to Keep Performance Improvement Plan Confidential

  March 06, 2015

• DOL Amends Rules to Extend FMLA Benefits to More Same-Sex Spouses

  March 06, 2015

• Complaint to Managers Below Level of Alleged Harasser Not Effective Use of Company's Policy

  February 27, 2015

• DHS Extends Eligibility for Employment to Certain H-4 Dependent Spouses of H-1B Holders Seeking Permanent Residence

  February 27, 2015

• Fourth Circuit Slaps EEOC for Use of Misleading, Incomplete and Error-Riddled Expert Testimony

  February 27, 2015

• DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants Seeking Employment-Based Lawful Permanent Residence

  February 24, 2015

• Can Employers Be Sued by Adulterous Employee's Spouse?

  February 20, 2015

• EEOC Loses Argument That Company Converting Employees to Contractors Cannot Require Release of Pending Discrimination Claims

  February 20, 2015

• Employer on OSHA Severe Violator List Fined $1.76 Million Over Widespread Employee Injuries

  February 20, 2015

• Fifth Circuit Recognizes Color Discrimination Claim Even in the Absence of Evidence of Race Discrimination

  February 13, 2015

• White Collar Overtime Exemption Overhaul May Include Big Increase in Minimum Salary Requirements

  February 13, 2015

• Employee Refusing to Provide SSN Has No Religious Discrimination Claim

  February 13, 2015

• OFCCP Proposes Update to Old Sex Discrimination Guidelines

  February 06, 2015

• Sixth Circuit Says Ineligible Employee May Still Enjoy FMLA Leave Rights Based on Estoppel Argument

  February 06, 2015

• Fourth Circuit Upholds Federal Criminal Conviction for Accessing Former Employer's Database

  February 06, 2015

• Equitable Defenses Do Not Apply to FLSA Overtime Claim

  January 30, 2015

• Disclosure of Charging Party's Name in Securities Filing Can Constitute Retaliation Under Title VII

  January 30, 2015

• Ban on Employee Salary Discussion Violates NLRA

  January 30, 2015

• Employee's Resignation in Midst of Interactive Accommodation Process Dooms ADA Claim

  January 23, 2015

• Federal Judge Invalidates DOL's Revised Definition of Companionship Services

  January 23, 2015

• Fourth Circuit Says Verbal Conduct Can Rise to Level of Actionable Harassment

  January 23, 2015

• Plaintiffs' Class Action Claims Target Background Checks

  January 16, 2015

• Employee's Delay and Employer's Prompt Response Undermine Liability for Sexual Harassment

  January 16, 2015

• Sexualized Conduct Absent Sexual Desire Not Actionable Harassment Under Title VII

  January 16, 2015

• DOJ Says Gender Identity Discrimination Violates Title VII

  January 09, 2015

• D.C. Circuit Upholds OFCCP's Disability Affirmative Action Rules

  January 09, 2015

• Reminder: New OSHA Recordkeeping Rules Took Effect January 1

  January 09, 2015

• NLRB Issues Final Rules Revising Union Election Procedures

  January 02, 2015

• NLRB Says Employees Have Right to Use Company Email for Protected Communications

  January 02, 2015

• An Early Holiday Present for Home Care Providers

  January 02, 2015

• NLRB Counsel Files Unfair Labor Practice Charges Against McDonald's Based on Joint Employment of Franchisees' Employees

  January 02, 2015

• FMLA Does Not Require Employer to Agree to Altered Work Schedule or Work From Home

  December 19, 2014

• Tolerance for Prior Misconduct Does Not Prevent Termination Based on Latest Behavior

  December 19, 2014

• Employees' Different Approaches Toward Salary Negotiations Does Not Justify Disparate Pay

  December 19, 2014

• EEOC's Regulatory Agenda Anticipates Wellness Program Rules in February

  December 12, 2014

• OFCCP Issues Final Rules on Executive Order Prohibiting Contractor Discrimination on the Basis of Sexual Orientation

  December 12, 2014

• Supreme Court Says Employers Do Not Have to Pay Employees for Time Spent in Security Checks

  December 12, 2014

• Federal Judge Upholds Record $185 Million Punitive Damages Verdict Won by Fired Female Manager

  December 05, 2014

• Should Employers Drop Domestic Partner Dependent Coverage?

  December 05, 2014

• Timing of Discharge Defeats Employer's Summary Judgment Motion

  December 05, 2014

• EEOC Issues FY 2014 Performance Report

  November 21, 2014

• EEOC Settles GINA Claim Against Employer That Solicited Family Medical Histories

  November 21, 2014

• Year-End Action Item: Section 125 Cafeteria Plan Amendments

  November 21, 2014

• OSHA Releases Top Ten Violations List

  November 14, 2014

• EEOC Focuses Resources on Pregnancy Refusal to Hire Claims

  November 14, 2014

• NLRB Reaffirms Noel Canning Position on Use of Class Waivers in Arbitration Agreements

  November 14, 2014

• Federal Judge Rejects EEOC's Attempt to Block Honeywell's Wellness Program

  November 07, 2014

• Employers Finally Win NLRB Facebook Case

  November 07, 2014

• Employer Threatened with Legal Action Over Broad Use of Non-Competition Agreements

  November 07, 2014

• EEOC Sues Honeywell for Biometric Screening Requirement in Wellness Plan

  October 31, 2014

• How Should Employers Draft Severance Agreements Post-CVS?

  October 31, 2014

• Will OSHA's New Injury Reporting Rules Discourage Post-Accident Drug Testing?

  October 31, 2014

• EEOC Legal Counsel Says Blanket Policy Prohibiting Alcoholic Employees From Drinking Could Violate ADA

  October 24, 2014

• IRS Announces 2015 Cost-of-Living Increases in Dollar Limits for Retirement Plans

  October 24, 2014

• State and Federal Departments of Labor Joining Forces to Fight Employee Misclassification

  October 24, 2014

• DOL Announces Delay to Home Care Worker Wage Regulations

  October 17, 2014

• Eighth Circuit Says Termination Made to Lower Health Care Costs Constitutes Age Discrimination

  October 17, 2014

• Fourth Circuit Says Courts Retain Jurisdiction Over Retaliation Claim Linked to Untimely EEOC Discrimination Charge

  October 17, 2014

• Final VETS Rule Simplifies Contractor Reporting Requirements

  October 10, 2014

• Supreme Court Agrees to Review EEOC Suit Against Abercrombie Based on Rejection of Applicant With Headscarf

  October 10, 2014

• Supreme Court Declines to Rule on Same-Sex Marriage Cases - What Does This Mean for Employers?

  October 10, 2014

• Fifth Circuit Allows Title VII Suit Against Franchisor to Proceed Even Though It Was Not Named in EEOC Charge

  October 03, 2014

• Federal Court Dismisses EEOC Lawsuit Challenging CVS Severance Agreement and Release

  October 03, 2014

• EEOC Sues Two Employers for Terminating Transgendered Employees

  October 03, 2014

• Federal ALJ Finds Standard Employee Confidentiality Agreement Language to Violate NLRA

  September 26, 2014

• Fifth Circuit Says Community Service Can Be Protected Religious Practice

  September 26, 2014

• OFCCP Issues Proposed Rule on Employer Wage Confidentiality Policies

  September 26, 2014

• Failure to Advise Employee of Consequences of Not Returning Medical Certification Form Results in FMLA Interference Verdict

  September 19, 2014

• NLRB Says "Liking" Another Employee's Facebook Comment is Protected Activity

  September 19, 2014

• OSHA Issues Final Rules on New Injury Reporting Requirements

  September 19, 2014

• Employee Taking Protected HIPAA Information Not Protected Under ADEA

  September 12, 2014

• Sixth Circuit Says Manufacturer's Testing for Legally Prescribed Drugs May Not be Prohibited ADA Medical Exam

  September 12, 2014

• EEOC Sues Employer for Allegedly Coercing Employee to Participate in Wellness Program

  September 12, 2014

• Employer Cannot Force Employee Into Counseling Over Extramarital Workplace Affair

  September 05, 2014

• Fourth Circuit Indicates That Employer Was Not Required to Provide Reduced Hour FMLA Leave Due to Business Needs

  September 05, 2014

• Inability to Show Receipt of FMLA Notice Defeats Employer's Summary Judgment Motion

  September 05, 2014

• South Carolina Supreme Court Finds Workers' Compensation Covers Employee's Injuries Suffered During Kickball Game

  September 05, 2014

• NLRB Turns Its Attention to Corporate Codes of Conduct

  August 29, 2014

• DOL Updates Procedures for Locating Missing Participants in Defined Contribution Plans

  August 29, 2014

• Three Year Interval Between Harassment Complaint and Failure to Promote Did Not Defeat Retaliation Claim

  August 29, 2014

• Eleventh Circuit Upholds $83,000 Fine Against Employer for Failure to Send COBRA Dental Coverage Notice

  August 22, 2014

• Fourth Circuit Adds Even More Complexity to Benefit Plan Fiduciaries' Role

  August 22, 2014

• OFCCP Proposes Salary Disclosure Requirements for Federal Contractors

  August 22, 2014

• EEOC Sues Employer for Requiring Medical Details as Part of Sick Leave Approval

  August 15, 2014

• ADAAA Expanded Ability of Parents to Take FMLA Leave for Disabled Adult Son or Daughter

  August 15, 2014

• North Carolina Court of Appeals Rewrites Geographic Territory of Non-Compete in Business Purchase Agreement

  August 15, 2014

• Friendship Between Male Supervisor and Female Subordinate Does Not Create Title VII Rights for Disfavored Male

  August 08, 2014

• OSHA Emphasizes Employer Safety Obligations to Temporary Employees

  August 08, 2014

• President Obama Signs Executive Order Requiring Federal Contractors to Disclose Labor Violations

  August 08, 2014

• NLRB ALJ Finds Civility Requirement in Employer's Social Media Policy Legally Permissible

  August 01, 2014

• Fourth Circuit Says University President has Broad Authority to Require Medical Examinations Under ADA

  August 01, 2014

• NLRB Lawyers Declare Franchisor to be Joint Employer

  August 01, 2014

• EEOC Says Failure to Provide Contraceptive Coverage May Violate Title VII

  July 25, 2014

• Plan Administrator Cannot Limit Enhanced Benefits in Retirement Plan Based on Change of Control

  July 25, 2014

• President Obama Issues Executive Order Banning Federal Contractors From Discriminating Against LGBT Persons

  July 25, 2014

• Seventh Circuit Says One Use of “N-Word” Does Not Create Hostile Work Environment

  July 18, 2014

• New Case Shows NLRB General Counsel Challenging Traditional Employment Policies

  July 18, 2014

• EEOC Issues Pregnancy Discrimination Guidance

  July 18, 2014

• Supreme Court Agrees to Consider Pregnancy Accommodation Obligation

  July 11, 2014

• Failure to Provide Anticipated Date of Return to Work Does Not Disqualify Employee From FMLA Leave

  July 11, 2014

• Employee Suing Based on Withdrawn Job Offer Must Prove Disabled Status

  July 11, 2014

• Supreme Court to Review EEOC’s Charge Conciliation Obligation

  July 11, 2014

• Employee Must Know About Harassment to Use It as Evidence of a Hostile Environment

  July 04, 2014

• Supreme Court Finds No Presumption of Prudence for ESOP Fiduciaries, But Plaintiffs Must Allege Reasons for Lack of Prudence

  July 04, 2014

• Supreme Court Voids ACA's Contraceptive Mandate

  July 04, 2014

• Supreme Court's Recess Appointment Decision Could Affect Important NLRB Precedents

  July 04, 2014

• Supreme Court Finds Public Employee's Testimony in Criminal Trial Protected Under First Amendment

  June 27, 2014

• North Carolina Supreme Court Allows Termination of TTD Benefits on General Economic Conditions

  June 27, 2014

• EEOC Sues Employer for Imposing "Onionhead" Religious Beliefs

  June 27, 2014

• DOL Proposes to Extend FMLA Definitions of Spouse to All Same-Sex Marriages

  June 27, 2014

• DOL Proposes New Federal Contractor Minimum Wage to Carry Out Executive Order

  June 20, 2014

• Supreme Court to Review Cases Involving Overtime Exemption for Mortgage Loan Officers

  June 20, 2014

• White House Announces Intent to Expand Federal Contractor Discrimination Prohibitions to Include LGBT Persons

  June 20, 2014

• Employee Needing Extended Leave of Absence Not Qualified to Perform Essential Job Functions

  June 13, 2014

• NLRB Upholds Termination for Disclosure of Confidential Information, While Overturning Firing Based on Telling Co-Worker About Potential Job Loss

  June 13, 2014

• Rejected HR Manager's Manipulations May Legally Bind Employer

  June 13, 2014

• DOT Proposes to Fine Motor Carriers and Others Who Coerce Drivers to Violate Safety Rules

  June 06, 2014

• Eighth Circuit Affirms OSHA's Authority to Change Interpretation of Safety Rules Over Time

  June 06, 2014

• Fifth Circuit Finds Attendance to be Essential Job Function

  June 06, 2014

• Federal ALJ Says Social Media Policy Cannot Require Employees to State That Their Opinions Are Not Those of the Company

  May 30, 2014

• Federal District Court Rejects Challenges to Employee Non-Solicitation Agreement

  May 30, 2014

• North Carolina Court Allows Emotional Distress Damages for Wrongful Discharge Claim

  May 30, 2014

• Employer's Failure to Provide Timely FMLA Paperwork Creates No Claim Absent Proof Employee Was Able to Work

  May 23, 2014

• Fourth Circuit Says Co-Worker's Use of Racially Derogative Terms Did Not Create Hostile Work Environment

  May 23, 2014

• Further Guidance for Employers Providing Benefits Through Captives

  May 23, 2014

• DOL Issues Updated Model COBRA Notices

  May 16, 2014

• Fourth Circuit Affirms Employers' Obligation to Respond to Harassment by Third Parties

  May 16, 2014

• Fourth Circuit Says Employee Suing Under SOX Could Not Show Complaints Contributed to Termination Decision

  May 16, 2014

• Health Care Reform: Beware of Litigation Risks

  May 16, 2014

• EEOC Sues Another Employer Over Separation Agreement Language

  May 09, 2014

• Tenth Circuit Says Female Employee Who "Butted Heads" With Management Was Fired Based on Gender Stereotype

  May 09, 2014

• Fifth Circuit Will Not Review Decision Rejecting NLRB Position on Class Action Arbitration Waivers

  May 02, 2014

• New Decision Highlights Courts' Growing Acceptance of Telecommuting as ADA Accommodation

  May 02, 2014

• NLRB Discounts Use of Handbook Disclaimers to Avoid Interference Claims

  May 02, 2014

• Eleventh Circuit Affirms Ability to Obtain Release of FMLA Claims

  April 25, 2014

• Health Care Reform: 90-Day Waiting Period Limitation

  April 25, 2014

• NLRB Now Says Prohibition Against Negativity in Workplace Violates Federal Labor Law

  April 25, 2014

• FedEx Cannot Exclude Diabetic Applicant From Mechanic Position Based on Need to Test Drive Trucks

  April 18, 2014

• Fifth Circuit Agrees With NLRB That Employer Cannot Prohibit Wage Discussions

  April 18, 2014

• Health Care Reform: Employer Reporting Requirements

  April 18, 2014

• Two New Cases Demonstrate High Bar for Proving Sexual Harassment

  April 18, 2014

• Eleventh Circuit Rejects Employee's Request for FMLA Leave for Possible Health Conditions

  April 11, 2014

• IRS Releases Guidance on Application of Windsor to Retirement Plans

  April 11, 2014

• President Obama Issues New Executive Orders Affecting Federal Contractors' Employment Practices

  April 11, 2014

• FLSA Does Not Prohibit Mandatory Individual Arbitration of Claims

  April 04, 2014

• Fourth Circuit Affirms Sanctioning of EEOC for Unreasonable Lawsuit Brought Against Employer Six Years After Charge Filed

  April 04, 2014

• Health Care Reform: Who is a Full-Time Employee?

  April 04, 2014

• Employee-Services.Net, Inc. Sued for Failure to Remit Tax Withholdings

  March 28, 2014

• NLRB Upholds Ban on Negative Attitudes in Employee Handbook

  March 28, 2014

• Supreme Court Finds Severance Payments Subject to FICA Withholding

  March 28, 2014

• Tenth Circuit Says Rape Not "Tangible Employment Action" For Purposes of Employer Strict Liability

  March 28, 2014

• According to Ninth Circuit, Employee Can Decline Use of FMLA Leave for Qualifying Reason

  March 21, 2014

• Company Selling Assets Must Include Employees on Military Leave in List of Employees Available for Hire

  March 21, 2014

• President Obama's Directions to DOL Include Review of Duties Tests for Overtime Exemptions

  March 21, 2014

• Affirmative Action Plan Changes to Disability and Veterans Hiring Take Effect March 24

  March 14, 2014

• EEOC Issues New Guidance on Accommodation of Religious Dress and Grooming in the Workplace

  March 14, 2014

• President Obama Announces Initiative to Increase Minimum Salary for Employees Exempt From Overtime Requirements

  March 14, 2014

• Sixth Circuit Says Plaintiff Can Pursue Blended Race and Sex Discrimination Claim Even Though She Was Replaced By a Woman

  March 14, 2014

• DOT Announces Federal Clearinghouse for Driver Drug and Alcohol Testing Information

  February 28, 2014

• EEOC Sues CVS Over Broad Release Language in Severance Agreements

  February 28, 2014

• NLRB Finds Employer's Confidential Information Policy Overbroad Due to Limitations on Discussion of Personal and Financial Matters

  February 28, 2014

• OSHA Issues Interim Rules on Food Safety Whistleblower Complaints

  February 21, 2014

• President Obama Signs Minimum Wage Increase for Federal Contractors

  February 21, 2014

• Seventh Circuit Says FMLA Leave Rights Apply to Family Trip With Ill Relative

  February 21, 2014

• Employee's Discomfort Not the Same as Sexual Harassment

  February 14, 2014

• Health Care Reform - Transition Guidance Issued on Employer Mandate

  February 14, 2014

• NLRB Reconfirms Rules Shortening Time for Union Elections

  February 14, 2014

• New Federal Law Emphasizes Need for Accurate Responses to Unemployment Filings

  January 17, 2014

• Title VII Conciliation Obligation Does Not Affect EEOC's Decision to Sue Employer

  January 17, 2014

• Agencies Release Proposed Rules on Excepted Benefits Under HIPAA and the ACA

  January 10, 2014

• NLRB Nixes "No Gossiping" Policy

  January 10, 2014

• Sixth Circuit Holds General Contractor Liable for Harassment and Retaliation Against Sub's Employees

  January 10, 2014

• Employer Plan's Deadline for Filing ERISA Lawsuits Upheld

  January 03, 2014

• Second Circuit Finds Parent Company Liable for Subsidiary's Failure to Provide WARN Notice

  January 03, 2014

• Tenth Circuit Says Facebook Posting Not Effective Sexual Harassment Complaint

  January 03, 2014

• DOT Medical Certification Rules Change January 30

  December 20, 2013

• IRS Gives Temporary Nondiscrimination Relief for Closed Defined Benefit Plans

  December 20, 2013

• IRS Issues Post-Windsor Guidance on Cafeteria Plans and HSAs

  December 20, 2013

• IRS Releases Guidance on In-Plan Rollovers

  December 20, 2013

• Failure to Limit Scope of North Carolina Non-Compete Dooms Another Attempt to Restrict Former Employees

  December 13, 2013

• E-Verify Webinar

  November 15, 2013

• Federal ALJ Says Ban on Voice Recording Does Not Violate NLRA

  November 15, 2013

• Last Chance Drug and Alcohol Use Policy Did Not Violate ADA

  November 15, 2013

• Proposed OSHA Rules Call for Electronic Filing of Employee Injury Records and Provide Public Access to Records

  November 15, 2013

• DOT Gives Up on Hours of Service Rules for Short-Haul Drivers

  November 08, 2013

• Fourth Circuit Says Urging an Employee to Consider Retirement Defeats Later Claim That Decision Was Voluntary

  November 08, 2013

• IRS Issues Guidance Allowing Health FSA Carryovers

  November 08, 2013

• IRS Announces 2014 Cost-of-Living Increases in Dollar Limits for Retirement Plans

  November 01, 2013

• OSHA Asks Rule Commenters to Disclose Financial Backing

  November 01, 2013

• RIF Termination of Top Performing Salesperson Creates Questions Over Race Bias

  November 01, 2013

• Six Federal Agencies Issue Proposed Standards for Financial Institution Diversity Policies

  November 01, 2013

• Dispute Over FMLA Paperwork Not Adequate Basis to Terminate Employee

  October 25, 2013

• Failure to Provide Return to Work Date Dooms ADA Claim

  October 25, 2013

• Federal Appellate Courts Split on Use of Fluctuating Workweek to Calculate Overtime Payments

  October 25, 2013

• Employees Must Provide Employer With Notice of Need for Religious Accommodation

  October 18, 2013

• New Bill Will Prohibit DOT From Addressing Sleep Apnea Without Rulemaking

  October 18, 2013

• Requirement that Employee Conform to American Business Culture Not Race Discrimination

  October 18, 2013

• Eleventh Circuit Avoids Applicability of Equitable Estoppel to Non-Eligible FMLA Leave

  October 11, 2013

• Supreme Court's Docket Contains Only One Employment Discrimination Case

  October 11, 2013

• Teasing Based on Gender Stereotyping Enough to Support Sexual Harassment Verdict

  October 11, 2013

• E-Verify Unavailable During Government Shutdown

  October 04, 2013

• North Carolina Federal Court Cautions Employers on Scope of Non-Compete Agreements

  October 04, 2013

• USERRA Escalator Requirement Not Limited to Automatic Promotions

  October 04, 2013

• ADA Accommodation Obligation Does Not Have to Involve Essential Function

  September 27, 2013

• IRS Issues Employment Tax Guidance for Overpayments with Respect to Benefits Paid to Same-Sex Spouses

  September 27, 2013

• Neutral Reference Not Retaliatory Under Title VII

  September 20, 2013

• New OFCCP Affirmative Action Requirements for Disabled and Veteran Applicants Establish Benchmarks, Not Hiring Goals

  September 20, 2013

• EEOC Believes That Partners Can Be Employees for Age Discrimination Purposes

  September 13, 2013

• NLRB Says Termination for Facebook Postings About Co-Worker's Firing Violated Federal Labor Law

  September 13, 2013

• Nurse's Post-Affair Complaints About Doctor Did Not Rise to Level of Hostile Work Environment

  September 13, 2013

• HIPAA Deadline Approaching Soon!

  September 06, 2013

• IRS Issues Initial Guidance on Same-Sex Marriage

  September 06, 2013

• North Carolina Supreme Court Allows Mandatory Arbitration Despite Discovery Proceedings

  September 06, 2013

• Seventh Circuit Says Funeral Leave Request Can be Required Religious Accommodation

  September 06, 2013

• DOL to Extend FMLA Protections to Same-Sex Spouses

  August 16, 2013

• Iowa Supreme Court Again Rejects Claim of Dental Assistant Fired for Being Irresistible

  August 16, 2013

• North Carolina Wrongful Discharge Claim Must Plead Specific Public Policy Basis

  August 16, 2013

• Judge Rejects "Borgata Babes" Sex Discrimination Claim

  August 09, 2013

• NLRB Offers Additional Advice On Social Media Policies

  August 09, 2013

• Undocumented Workers Entitled to FLSA Backpay Award

  August 09, 2013

• Employee's Behavior During EEOC Mediation Leads to Justifiable Termination

  August 02, 2013

• Employers Cautioned to Examine Retirement Plan Service Provider Compensation

  August 02, 2013

• Governor McCrory Signs Project Labor Agreement Ban

  August 02, 2013

• Third Circuit Invalidates City Ordinance Making Employment of Illegal Workers a Crime

  August 02, 2013

• DOT Changes Driver Break Rules

  July 26, 2013

• Fourth Circuit Joins Other Federal Courts in Invalidating NLRB Recess Appointments

  July 26, 2013

• Owner and CEO Personally Liable for FLSA Violation

  July 26, 2013

• Upcoming HIPAA Deadline

  July 26, 2013

• ADA Allows Imposition of Special Conditions for Substance Abusers

  July 19, 2013

• Federal Appellate Court Rejects DOL Position That Mortgage Brokers are FLSA Non-Exempt

  July 19, 2013

• Fourth Circuit Dodges Issue on Applicability of NCEEPA to Interracial Relationship

  July 19, 2013

• Recent Supreme Court DOMA Ruling - Implications for Employee Benefit Plans

  July 19, 2013

• North Carolina E-Verify Effective for Smaller Employers July 1

  July 05, 2013

• Supreme Court Rejects Mixed Motive Standard for Title VII Harassment Claims

  July 05, 2013

• Supreme Court Sets Authority Requirement for Supervisors Under Title VII

  July 05, 2013

• Employer Mandate Delayed Until 2015

  July 03, 2013

• Senate Passes Comprehensive Immigration Reform Bill

  June 28, 2013

• Supreme Court Invalidation of the Defense of Marriage Act (DOMA) Has Immigration Consequences

  June 28, 2013

• Complaints About Attempted Matchmaking Not Protected Activity Under Title VII

  June 21, 2013

• Fourth Circuit Discards NLRB Poster Requirement

  June 21, 2013

• Third Circuit Invalidates NLRB Recess Appointment

  June 21, 2013

• IRS Releases Form 720 and Instructions as Employers Prepare to Pay PCORI Fee by July 31, 2013

  June 14, 2013

• North Carolina Court Says Employer Not Liable for Manager's Sexual Assault of Vendor

  June 14, 2013

• Seventh Circuit Finds Release in Severance Agreement Bars ERISA Claim for Benefits

  June 14, 2013

• Supreme Court Says Arbitrator Can Decide Whether Class Action Arbitrations Allowed

  June 14, 2013

• Asking Another Worker to Move Heavy Objects Not a Required ADA Accommodation

  May 03, 2013

• Fourth Circuit Upholds Class Action Waiver Clause Under Concepcion

  May 03, 2013

• Questioning Criminal Background Check Not Protected Activity Under Title VII

  May 03, 2013

• Employee Who Complained of Harassing Calls Never Identified Them as Sexual in Nature

  April 26, 2013

• Extended Accommodations Process Not Unreasonable Under ADA

  April 26, 2013

• Federal ALJ Says Confidentiality and Non-Disparagement Provisions in Employment Agreement Violate NLRA

  April 26, 2013

• NC Court of Appeals Invalidates Non-Compete Used With General Laborers

  April 19, 2013

• Single Use of "N-Word" Was Basis for Racial Harassment Claim

  April 19, 2013

• Supreme Court Allows "Pick Off" of Named Plaintiff in FLSA Collective Action

  April 19, 2013

• Supreme Court Says Employer's Group Health Plan Entitled to Reimbursement From Recovery From Third Party

  April 19, 2013

• DOJ Sues Restaurant Under ADA For Refusing Service to Customers With Genetic Skin Disorder

  April 12, 2013

• Employer Entitled to Fire Employee Who Lied About Prior Drug Abuse and Treatment on Applicant Medical Inquiry

  April 12, 2013

• Federal Judge Refuses to Apply North Carolina Wrongful Discharge Law to Constructive Discharge

  April 12, 2013

• IRS Establishes Pre-Approved §403(b) Plan Program

  April 05, 2013

• Isolation of Employee Can Be Sexual Harassment Under Title VII

  April 05, 2013

• South Carolina Supreme Court Upholds Employment Arbitration Provision

  April 05, 2013

• Supreme Court Says Plaintiffs Must Show Ability to Measure Damages on Class Basis in Order to Certify Action

  April 05, 2013

• Fourth Circuit Says Absence of Failure to Promote Claim in EEOC Charge Bars Later Lawsuit

  March 29, 2013

• Fourth Circuit Says Employee Bound by Doctor's Restrictions Despite Her Disagreement

  March 29, 2013

• Second Circuit Says Getting to Work On Time May Not Be ADA Essential Job Function

  March 29, 2013

• Alleged Lie on ADEA Release Does Not Invalidate Its Terms

  March 22, 2013

• NLRB Says Corporate Code of Ethics and Conduct Does Not Interfere With Employees' Concerted Activity Rights

  March 22, 2013

• Persistent Requests for Dates Not Sexual Harassment

  March 22, 2013

• Is Sequestration an "Unforeseen Business Circumstance" Excusing WARN Notice?

  March 15, 2013

• Same-Sex Harassment Claim Applies to Conduct Where Opposite Sex Not Subjected to Alleged Behavior

  March 15, 2013

• Undocumented Workers Can Collect Back Pay for Unpaid Overtime Under the FLSA

  March 15, 2013

• Employers Should Begin Using New FMLA Forms as of Today

  March 08, 2013

• Supreme Court Hears Arguments on Validity of Class Action Arbitration Waivers

  March 08, 2013

• Yahoo! Decision to Ban Telecommuting Contains ADA Exception

  March 08, 2013

• Employee Chemical Sensitivities May Require Extensive Employer Accommodations

  March 01, 2013

• Fourth Circuit Considers Cautionary Direction to Employee as Form of Retaliation Under Title VII

  March 01, 2013

• Termination for Age-Related Performance Issues Does Not Violate ADEA

  March 01, 2013

• H-1B Cap Alert for Fiscal Year 2014

  February 22, 2013

• North Carolina Overhauls Unemployment Benefits

  February 22, 2013

• North Carolina Supreme Court Overrules Internal Defamation Case on Other Grounds

  February 22, 2013

• New Guidance May Limit Use of Health Reimbursement Arrangements

  February 15, 2013

• New OFCCP Directive Echoes EEOC Position on Criminal Background Checks

  February 15, 2013

• South Carolina Court of Appeals Upholds Physician Non-Compete and Forfeiture Provisions

  February 15, 2013

• DOL Says FMLA Leave for Disabled Adult Child Does Not Depend on Date of Onset of Condition

  February 08, 2013

• North Carolina Residential Care Employers Pay $2.1 Million for Wage Violations

  February 08, 2013

• One Harassing Act Within Limitations Period Opens Employer to Claims Going Back Years

  February 08, 2013

• EEOC Releases FY 2012 Charge Statistics

  February 01, 2013

• Employer Review of Employee's Cell Phone Not Stored Communications Act Violation

  February 01, 2013

• Federal Appellate Court Voids NLRB Recess Appointments

  February 01, 2013

• Department of Health and Human Services ("HHS") Releases Long-Awaited HIPAA Omnibus Regulations

  January 25, 2013

• Risk of Drug Relapse May Be Current Disability Under ERISA LTD Policy

  January 25, 2013

• Supreme Court to Review Use of Mixed Motive Standard in Title VII Retaliation Case

  January 25, 2013

• Eleventh Circuit Rejects First Appellate Claim of Violation of FLSA's Breastfeeding Protections

  January 18, 2013

• Fourth Circuit Says Timing of Termination Not Enough to Establish Retaliation Under FMLA

  January 18, 2013

• Largest Burger King Franchisee to Pay $2.5 Million to Resolve Sexual Harassment Claims

  January 18, 2013

• American Taxpayer Relief Act Expands Opportunities for In-Plan Roth Conversions

  January 11, 2013

• Iowa Decision Upholding Termination of Employee Deemed "Too Hot" Follows Established Precedent

  January 11, 2013

• NLRB Says Terminations Based on Facebook Complaints Over Co-Worker's Criticism Violated Labor Laws

  January 11, 2013

• EEOC Adds Equal Pay as Enforcement Priority

  January 04, 2013

• Fourth Circuit Says Employer Does Not Have to Create Pool of Substitute Workers to Accommodate Religious Beliefs

  January 04, 2013

• IRS Proposes Rules for Employer Shared Responsibility Provisions Under ACA

  January 04, 2013

• Are Employees' Twitter Followers Company Property?

  December 21, 2012

• DOL Investigates Chargers for Youth Labor and Minimum Wage Violations

  December 21, 2012

• Seventh Circuit Says ADA Prohibition on Disclosure of Medical Information Only Applies to Knowledge From Medical Inquiries

  December 21, 2012

• Supreme Court Says Arbitrator and Not Court Must Decide Enforceability of Non-Compete

  December 21, 2012

• Facebook Photos Doom FMLA Retaliation Claim

  December 14, 2012

• Finding of Willful and Wanton Harassment Deprives Executive of EPL Coverage

  December 14, 2012

• OSHA Cites Convenience Store for Insufficient Protection of Employees From Armed Robbery

  December 14, 2012

• Proposed Transitional Reinsurance Fee Will Impose Significant Costs on Group Health Plans

  December 14, 2012

• Census Bureau Begins Release of Demographic Data Used in Affirmative Action Plans

  December 07, 2012

• Employer Not Required to Provide Employee's Preferred Religious Accommodation

  December 07, 2012

• Reminder About $2,500 Cap on FSA Contributions Effective January 1, 2013

  December 07, 2012

• State Marijuana Legalization Unlikely to Impact Employer Drug Use Prohibitions

  December 07, 2012

• Special Report: Agencies Propose Regulations to Implement Provisions of the Affordable Care Act

  December 05, 2012

• Employer Pays $4.85 Million to Settle ADA Lawsuit Over Maximum Leave Policy

  November 30, 2012

• Employers Must Train Employees on New GHS Safety Data Sheets and Labels by December 1, 2013

  November 30, 2012

• IRS Extends Relief to Victims of Hurricane Sandy

  November 30, 2012

• "Stray Remark" Not Enough to Allow Age Bias Claim to Go to Jury

  November 16, 2012

• Employee's Failure to Note Missed Breaks in Timekeeping System Defeats FLSA Claim

  November 16, 2012

• Minimum Wage Increases January 1, 2013 in Seven States

  November 16, 2012

• Virginia Supreme Court Holds Supervisors Individually Liable for Discrimination Claims

  November 16, 2012

• Election Likely to Continue Current Federal Labor Trends

  November 09, 2012

• Mortgage Bankers Exempt From FLSA Overtime Requirements

  November 09, 2012

• NLRB Counsel Releases Examples of Employment At-Will Policies That Comply With NLRA

  November 09, 2012

• NLRB Says Employee Non-Solicitation Agreement Does Not Violate Federal Labor Law

  November 02, 2012

• Second Circuit Says Title VII Mandates Injunction to Permanently Bar Sexual Harasser From Premises

  November 02, 2012

• TRICARE Participation Does Not Subject Hospital to OFCCP Jurisdiction

  November 02, 2012

• Correction

  October 26, 2012

• Deadline Approaches for First Quarterly Fee Disclosures for Participant-Directed Account Plans

  October 26, 2012

• FLSA Does Not Prohibit Change to Workweek Intended to Reduce Overtime Liability

  October 26, 2012

• North Carolina and South Carolina Do Not Mandate Time Away From Work for Voting

  October 26, 2012

• Eleventh Circuit Rejects Sex Discrimination Claim by FedEx Driver Who Claimed Pterodactyl Hit Van

  October 19, 2012

• IRS Announces 2013 Cost-of-Living Increases in Dollar Limits for Retirement Plans

  October 19, 2012

• NLRB Finds Off-Duty Access Restrictions Violate Federal Labor Law

  October 19, 2012

• Tenth Circuit Says Discrimination Law Requires Accommodation to Allow Employee to Receive Medical Treatment

  October 19, 2012

• DOL Says No WARN Notice Required for Defense Contractors Fearful of Sequestration Layoffs

  October 12, 2012

• Initial Supreme Court Docket Light on Employment Cases

  October 12, 2012

• Section 409A Year-End Transition Relief Deadline

  October 12, 2012

• NLRB Backs Employer in First Facebook Firing Case

  October 05, 2012

• Replacing Employee With Younger, Cheaper Alternative Not Age Discrimination

  October 05, 2012

• Third Circuit Affirms Prison Sentences for Managers Involved in Workplace Safety Violations

  October 05, 2012

• Applicant Alleging Transgendered Discrimination Did Not Show Employer Knew of Protected Status

  September 28, 2012

• Employee's Unexplained Rejection of Accommodation Attempts Dooms ADA Claim

  September 28, 2012

• NLRB Says Policy Prohibiting Disclosure of Personnel Information Violates Labor Law

  September 28, 2012

• South Carolina Adjusts 2012 Unemployment Tax Rates

  September 28, 2012

• Does Employing a Single Outside Salesperson Make You an Employer Under that State's Law?

  September 21, 2012

• Indefinite Relief From Essential Job Functions Not Required ADA Accommodation

  September 21, 2012

• NLRB Voids Employer Policy Prohibiting Electronic Posting of Harmful Statements

  September 21, 2012

• New Guidance on Safe Harbor and Waiting Period Requirements under Health Care Reform

  September 14, 2012

• North Carolina Bar Limits Employers' Counsel's Ability to Access Employee's Emails to Attorney on Company System

  September 14, 2012

• Rotating Shift Deemed Essential Job Function

  September 14, 2012

• IRS End Letter Forwarding Program for Retirement Plan Sponsors

  September 10, 2012

• Second Circuit Rejects Broad OSHA Definition of Repeat Violations at Related Facilities

  September 10, 2012

• South Carolina Supreme Court Upholds Confidentiality and Inventions Assignment Agreement

  September 10, 2012

• Casually Mentioning Parents' Health Condition is Not FMLA Leave Request

  August 24, 2012

• Disabled Trainee Not Required to Show Final Job Qualifications to Maintain ADA Claim

  August 24, 2012

• South Carolina Federal Court Finds Compilation of Public Information Protected as Trade Secret

  August 24, 2012

• Burden on Co-Workers Not Enough to Deny Religious Accommodation Request

  August 17, 2012

• Employer Cannot Delay Reinstatement of National Guard Member

  August 17, 2012

• Employer Not Required to Accommodate Employee With Disabled Child

  August 17, 2012

• Importance of Timely Notifying Employees of Qualification for COBRA Coverage

  August 10, 2012

• NLRB Bars Witness Confidentiality Obligation During Ongoing Investigations

  August 10, 2012

• NLRB Says Inclusion of Employment At-Will Language in Handbook Acknowledgement is Unfair Labor Practice

  August 10, 2012

• Fourth Circuit Says CFAA Does Not Allow Employer to Sue Former Employee for Downloading Confidential Information

  August 03, 2012

• North Carolina Appellate Court Refuses to Apply Limited Arbitration Clause to Tort Claims Related to Termination

  August 03, 2012

• Fourth Circuit Says Employee May Receive Insurance Proceeds Based on Employer's Misrepresentations Regarding Coverage

  July 27, 2012

• Religious Organizations Providing Social Services Subject to Rehabilitation Act Provisions

  July 27, 2012

• Supreme Court Agrees to Hear Case on Strategic Pick-Off of Named Plaintiff in FLSA Collective Action Claim

  July 27, 2012

• Economic Downturn Resulted in Unforeseeable Economic Circumstances Excusing WARN Notice

  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

  July 20, 2012

• Missing Work to Pick Up Prescription Refill Not FMLA-Protected Absence

  July 13, 2012

• Refusal to Give Light Duty Job Unless EEOC Charge Dropped Was Retaliation

  July 13, 2012

• Seventh Circuit Affirms ADA Verdict Based on Seasonal Affective Disorder

  July 13, 2012

• Employee Experiencing Repeated Heart Problems at Work Presented Direct Threat Under ADA

  July 06, 2012

• Enforcing Salary Ranges Not Age Discrimination

  July 06, 2012

• Fourth Circuit Says EEOC Charge Does Not Need to Specify Requested Accommodation Under ADA

  July 06, 2012

• New Transportation Bill Contains DOT Driver Safety Measures

  July 06, 2012

• North Carolina REDA Claim Can Be Based on Threat of Workers' Comp Filing

  June 29, 2012

• Supreme Court Agrees to Decide Definition of Supervisor Under Title VII

  June 29, 2012

• Supreme Court Decision Means Employers Must Continue to Prepare for Big Changes in Health Care

  June 29, 2012

• Supreme Court Throws Out Arizona Illegal Immigrant Employment Provisions

  June 29, 2012

• South Carolina Reforms Unemployment Benefits

  June 22, 2012

• Supreme Court Says Pharmaceutical Reps Qualify as Outside Salespersons Under FLSA

  June 22, 2012

• EEOC Says Confederate Flag T-Shirt May Have Created Hostile Work Environment

  June 15, 2012

• Marriage to Illegal Immigrant Not Protected Status Under Title VII

  June 15, 2012

• NLRB Counsel Explains Recent Social Media Policy Decisions

  June 15, 2012

• Employer Wins Sexual Harassment Claim Using "Equal Opportunity SOB" Defense

  June 01, 2012

• IRS Proposes Regulations on Fees Under the Affordable Care Act

  June 01, 2012

• Third Circuit Upholds Termination of Employee Who Went to Cancun While on FMLA Leave

  June 01, 2012

• Two DOL Advisory Opinions Limit Use of "Open MEPs"

  June 01, 2012

• ADA Does Not Protect Use of Medical Marijuana

  May 25, 2012

• Parker Poe Teams With Federal Agency to Present Compliance Training

  May 25, 2012

• Second Circuit Says Human Resource Manager Cannot Claim Retaliation for Termination Following Internal Sexual Harassment Investigation

  May 25, 2012

• Sixth Circuit Says ADA Does Not Require Commuting Accommodations

  May 25, 2012

• Federal Court Invalidates NLRB Quick Election Rules

  May 18, 2012

• Fourth Circuit Won't Reinstate Union Suit Against Gov. Haley

  May 18, 2012

• Sixth Circuit Approves Termination of Employee for FMLA Fraud Based on Employer's "Honest Belief"

  May 18, 2012

• ANSI Issues Safety Standard for Commercial Motor Vehicle Drivers

  May 11, 2012

• EEOC Criminal Background Check Guidelines Require Employers to Take Current Work Performance Into Account

  May 11, 2012

• NLRB Election Rule Takes Effect But Decision on Appeal Due Next Week

  May 11, 2012

• FMLA Does Not Prevent Employer From Disciplining Employee for Failure to Use Call-In Procedures

  May 04, 2012

• Fourth Circuit Says EEOC Bound By Conflict Between Employee's ADA Claim and SSDI Benefits Application

  May 04, 2012

• Ninth Circuit Holds Attendance is Essential Function Under ADA

  May 04, 2012

• Employers May Have Disclosure Obligations Under Recent DOL Regulations

  May 02, 2012

• EEOC Affirms Criminal Background Check Policy

  April 27, 2012

• EEOC Says Title VII Prohibits Discrimination Against Transgendered Persons

  April 27, 2012

• North Carolina Court of Appeals Says Anti-Retaliation Law Protects Threatened Workers' Comp Claim

  April 27, 2012

• California Employers Do Not Need to Guarantee No Work Meal Breaks

  April 20, 2012

• Federal Courts Block NLRB Posting Requirement

  April 20, 2012

• Alleged Interference With Green Card Process Not National Origin Discrimination

  April 13, 2012

• Employee Warned About Absenteeism Prior to FMLA Leave Cannot Prove Discrimination

  April 13, 2012

• Ninth Circuit Says CFAA Does Not Apply to Employee Misappropriation of Confidential Business Information

  April 13, 2012

• EEOC Issues Final Rule on Employer Defenses to Disparate Impace Age Discrimination Claims

  April 06, 2012

• Eleventh Circuit Says Title VII's Anti-Retaliation Procedures Do Not Protect Internal Investigators

  April 06, 2012

• North Carolina Lawmakers Start Work on Unemployment Fraud Prevention

  April 06, 2012

• OSHA Scrutinizing Employer Safety Incentive and Disciplinary Programs

  April 06, 2012

• Equal Pay Act Requires That Starting Salary Differences Eventually Disappear if Performance is Equivalent

  March 30, 2012

• Internal FLSA Complaints Protected Against Retaliation

  March 30, 2012

• Supreme Court Says FMLA Self-Care Provisions Do Not Apply to State Government Employees

  March 30, 2012

• Fourth Circuit Says Failure to Offer Same Severance Package as Male Employees Was Sex Discrimination Under Title VII

  March 23, 2012

• Fourth Circuit Says Severance Offer After Sexual Harassment Complaint Results in Employer Liability for Supervisor's Behavior

  March 23, 2012

• North Carolina Court Says Employee Claiming Retaliatory Firing Must Do More Than Complain to Supervisors

  March 23, 2012

• Allowing Employee to Seek Voluntary Shift Swaps is Adequate Accommodation of Religious Beliefs

  March 16, 2012

• Family Consultations on Care Choices for Ill Parent Qualify as FMLA Leave

  March 16, 2012

• Federal Courts Split on Automatic Assignment of Disabled Employee to Alternative Position

  March 16, 2012

• Federal Court Upholds NLRB Poster Rule But Discards Penalties

  March 09, 2012

• Supervisor Unable to Return to Work After FMLA Leave Was Not Qualified Employee Under ADA

  March 09, 2012

• Termination Two Months After Return From FMLA Leave Not Retaliatory

  March 09, 2012

• Employee Could Not Prove Non-Fraternization Policy Resulted in Race Discrimination

  March 02, 2012

• H-1B Cap Alert

  March 02, 2012

• IRS Publishes Interim Results of 401(k) Compliance Questionnaire

  March 02, 2012

• No Harassment in Overall Tough Work Environment

  March 02, 2012

• H-1B Cap Alert

  February 24, 2012

• IRS Guidance Encourages Use of Annuities in Retirement Plans

  February 17, 2012

• Statistical Evidence Enough to Show Age Bias in Reduction in Force

  February 17, 2012

• Termination Five Years After Discrimination Claim Deemed Retaliatory

  February 17, 2012

• DOL Extends Deadline for Compliance with Service Provider and Participant Fee Disclosure Regulations

  February 10, 2012

• DOL Issues Proposed Rules on Military FMLA Entitlement

  February 10, 2012

• Fourth Circuit Says Internal Complaints Protected Under FLSA Anti-Retaliation Provisions

  February 10, 2012

• South Carolina Pushes Anti-Union Legislation

  February 10, 2012

• Court Says Employer Must Tell Employees in Writing of Changes to FMLA Policy

  February 03, 2012

• Plaintiffs Do Not Have to Prove Harasser's Homosexuality to Prevail in Same Sex Harassment Claim

  February 03, 2012

• Watching Blazing Saddles at Work Not Racial Harassment

  February 03, 2012

• EEOC Receives Record Number of Charges in FY 2011

  January 27, 2012

• North Carolina Allows Use of Payroll Debit Cards With Certain Conditions

  January 27, 2012

• Pepsi Settles Race Discrimination Claims Based on Criminal Background Checks for $3 Million

  January 27, 2012

• Employee Not Yet Eligible for FMLA Leave Still Protected From Interference and Retaliation

  January 20, 2012

• Supreme Court Recognizes Ministerial Exception to Employment Discrimination and Retaliation Laws

  January 20, 2012

• Written Harassment Policy and Posters Not Enough to Avoid Liability for Supervisor Sexual Harassment

  January 20, 2012

• NLRB Says Ban on Class Action Arbitrations Violates Federal Labor Law

  January 13, 2012

• President Obama Makes Recess Appointments to NLRB

  January 13, 2012

• Tenth Circuit Says ADAAA Work Impairments Must Bar Employee From Class of Jobs

  January 13, 2012

• DOT Retains Eleven Hour Limit for Commercial Motor Vehicle Drivers

  January 06, 2012

• IRS Updates Guidance Regarding Form W-2 Reporting of Group Health Insurance Cost

  January 06, 2012

• NLRB Adopts Final Rules to Expedite Union Elections

  January 06, 2012

• NLRB Delays Date for New Union Rights Poster

  January 06, 2012

• Apparent Tampering With Videotape Leads to Crippling of Employer's Defense to Discrimination Claim

  December 30, 2011

• DOL Proposes Extension of Minimum Wage and Overtime Requirements to Most Home Care Workers

  December 30, 2011

• DOL Provides Advice on Handling Medical Loss Ratio Rebates

  December 30, 2011

• Federal Appellate Court Upholds OSHA's Multiemployer Workplace Policy

  December 30, 2011

• DOL Announces Wage and Hour Enforcement Initiative Targeting North Carolina Residential Care Employers

  December 16, 2011

• EEOC Says High School Diploma Requirement May Violate ADA

  December 16, 2011

• OFCCP Proposes Hiring Goal for Disabled Workers

  December 16, 2011

• Section 1983 Prohibits Discrimination Against Transgendered Public Employee

  December 16, 2011

• DOT Issues Final Cell Phone Use Ban for Commercial Drivers

  December 09, 2011

• OSHA's 2011 Top Ten Rules Violations Unchanged From 2010

  December 09, 2011

• Post-Employment Comments Not Evidence of Harassment

  December 09, 2011

• Supreme Court to Determine FLSA Exempt Status of Pharmaceutical Reps

  December 09, 2011

• IRS Says Interest Rate of "Prime Plus 2%" is Reasonable Rate for Participant Loans

  December 02, 2011

• Misconduct Investigation and Shift Change Not Materially Adverse Actions Supporting Title VII Retaliation Claim

  December 02, 2011

• Non-Competes Must Be Tied to Actual Competitive Threat

  December 02, 2011

• USERRA Amendment Confirms Employer Liability for Hostile Environment Harassment Due to Military Service

  December 02, 2011

• DOL Amends SOX Procedures Based on Dodd-Frank Legislation

  November 18, 2011

• EEOC Says ADEA Exemption for Coordination With Medicare Does Not Apply to Current Employees

  November 18, 2011

• Supreme Court Agrees to Review Health Care Reform Act

  November 18, 2011

• Fourth Circuit Allows Bad Hair Day to Turn Into Unfair Labor Practice

  November 11, 2011

• Should Employers Check Applicants' Facebook Pages?

  November 11, 2011

• SHRM Issues Workplace Violence Prevention Standard

  November 11, 2011

• Company Using Temp Agency Worker Liable For Unpaid Overtime Under Title VII

  November 04, 2011

• DOL Says Workplace Injuries Declined in 2010 for Eighth Straight Year

  November 04, 2011

• DOL Upholds Employee's Unauthorized Taking of Confidential Business Information Under SOX

  November 04, 2011

• President Signs Bill Extending Health Coverage Tax Credit Through the End of 2013

  November 04, 2011

• DOL Finalizes Regulations on Investment Advice to Plan Participants

  October 28, 2011

• Fifth Circuit Finds Investment Manager Liable for NLRA Violations

  October 28, 2011

• Governor Perdue Suspends Portions of NC Unemployment Tax Reforms

  October 28, 2011

• EEOC Says Shy Bladder Syndrome Likely Is An ADA Disability

  October 21, 2011

• General Counsel's Disclosure of Complaining Employee's Identity Was Adverse Employment Action Under SOX

  October 21, 2011

• IRS and Social Security Administration Announce 2012 Cost-of-Living Adjustments for Retirement Plans

  October 21, 2011

• Terminated Employee Can Proceed With Retaliation Suit Despite Dismissal of Underlying Harassment Claim

  October 21, 2011

• Federal Administrative Judge Upholds Termination Based on Facebook Postings

  October 14, 2011

• NLRB Delays Date for Union Rights Poster

  October 14, 2011

• No Stop-Loss Coverage Where Employer Failed to Provide COBRA Notice Following Qualifying Event

  October 14, 2011

• OFCCP Seeks Final Comments on Audit Scheduling Changes

  October 07, 2011

• Supreme Court Agenda Light on Employment Cases

  October 07, 2011

• Temporary, Indefinite Employment Following Layoff Notice Does Not Toll Filing Period for Discrimination Claims

  October 07, 2011

• IRS Pairs Tax Forgiveness Offer With New Initiative to Identify Employees Misclassified as Contractors

  September 30, 2011

• USERRA Requires Employer to Reinstate Commission Only Employee With Salary Covering Prior Income

  September 30, 2011

• Alleged Exacerbation of Medical Condition Not Actionable Under FMLA

  September 23, 2011

• OSHA Issues Enforcement Directive on Workplace Violence

  September 23, 2011

• Fourth Circuit Expands Title VII's Religious Organization Exemption to Include Religious Harassment and Retaliation Claims

  September 22, 2011

• Federal ALJ Says Firing Based on Facebook Comments Violates Labor Laws

  September 16, 2011

• NLRB Requires Successor Employers to Recognize Current Union

  September 16, 2011

• Termination for Accessing Gun Websites at Work Not ADA Discrimination

  September 16, 2011

• Federal Court Nixes DOT Electronic Monitoring Rules for Truck Drivers

  September 09, 2011

• Second Circuit Says ADA May Require Employer to Assist Disabled Employee with Daily Commute

  September 09, 2011

• Seventh Circuit Classifies Pregnancy Complications as ADA Disability

  September 09, 2011

• Federal Agencies Release Proposed Rules for 2012 Health Plan Summary of Benefits and Coverage

  September 02, 2011

• New NLRB Posting Required as of November 14

  September 02, 2011

• Sixth Circuit Rejects Title VII Gender Conformity Lawsuit Brought by Gay Employee

  September 02, 2011

• South Carolina RN Who Allegedly Refused to Abandon Patient Has Wrongful Discharge Claim

  September 02, 2011

• DHHS and Treasury Roll Out Proposed Health Insurance Exchange Rules

  August 26, 2011

• Employee in Different State Did Not Provide Companion Services Under FMLA

  August 26, 2011

• Fourth Circuit Concludes that Supervisor's Alleged Conduct Was Sexual Harassment Despite Positive Performance Review

  August 26, 2011

• EEOC Sues North Carolina Taco Bell Franchise for Terminating Employee Who Refused to Cut Hair

  August 19, 2011

• Employee Allegedly Terminated For "Playing the Race Card" Has Actionable Retaliation Claim

  August 19, 2011

• Fourth Circuit Says FLSA's Anti-Retaliation Provisions Do Not Apply to Applicants

  August 19, 2011

• Disciplinary Warning Issued After Lawsuit Service Constitutes Retaliation Under Title VII

  August 12, 2011

• Performance Improvement Plan Not Adverse Employment Action Under Discrimination Laws

  August 12, 2011

• Reporting Co-Workers' Alleged Affair Not Protected Activity Under Title VII

  August 12, 2011

• EEOC Says GINA Prohibits Wellness Programs From Offering Incentives to Provide Family Medical History

  August 05, 2011

• Misleading Communications During Duke Lacrosse Case Deemed Just Cause For Termination of Lab Director

  August 05, 2011

• Occasional Racially-Motivated Incidents Over Long Period of Time Do Not Create Hostile Environment

  August 05, 2011

• OSHA Announces Initiative to Overhaul Whistleblower Protection Program

  August 05, 2011

• Lender Held Liable For WARN Notice

  July 29, 2011

• North Carolina Court of Appeals Defines Competitive Activities for Purposes of Post-Employment Agreement

  July 29, 2011

• South Carolina Court of Appeals Invalidates Arbitration Clause in Employment Application

  July 29, 2011

• Employer Not Required to Accommodate Employee With Disabled Spouse

  July 22, 2011

• No Personal Contact Request Not Reasonable Accommodation

  July 22, 2011

• Small Subsidiary's Federal Contract Subjects Entire Company to OFCCP Jurisdiction and Audit

  July 22, 2011

• California Supreme Court Requires Overtime Pay for Certain Out-of-State Workers

  July 15, 2011

• Fifth Circuit Says De Minimis Time Spent on Electronic Communications at Home Not Compensable Working Time

  July 15, 2011

• Fourth Circuit Says No Retroactive Application of ADAAA

  July 15, 2011

• North Carolina Federal Court Rejects Self-Defamation Claim

  July 15, 2011

• IRS Improves Ability to Select Noncompliant Retirement Plans for Examination

  July 08, 2011

• Pennsylvania Court Affirms $187 Million Verdict Against Wal-Mart for Unpaid Rest Breaks

  July 08, 2011

• Reference to Monkeys in Manager's Book Not Evidence of Racially Offensive Environment

  July 08, 2011

• NLRB Approves Rules Accelerating Decisions on Challenges to Union Election Issues

  July 01, 2011

• North Carolina and South Carolina Immigration Alert: E-Verify Mandatory for Certain Employers

  July 01, 2011

• OSHA Proposes Reducing Reporting Requirement To One Hospitalized Employee and Expanding Form 300 Requirements to New Industries

  July 01, 2011

• SEC Whistleblower Rules Take Effect August 12

  June 24, 2011

• Supreme Court Decertifies Giant Wal-Mart Class Action Discrimination Case

  June 24, 2011

• Temporal Proximity Alone Does Not Prove FMLA Retaliation Claim

  June 24, 2011

• Fourth Circuit Finds That Pinup Pictures and Demeaning Discussion of Women Created Hostile Working Environment

  June 17, 2011

• North Carolina Court of Appeals Refuses to Apply Employee Non-Solicitation Agreement Where Hiring is Only Evidence of Inducement

  June 17, 2011

• Providing Smart Phone to Non-Exempt Employees Can Result in Unpaid Wage Claims

  June 17, 2011

• Bridge Worker With Fear of Heights Deemed Eligible for ADA Accommodations

  June 10, 2011

• Fourth Circuit Says Disciplinary Action Against Co-Workers Within Same Range Dooms Disparate Impact Claim

  June 10, 2011

• North Carolina Overhauls Workers' Compensation Laws

  June 10, 2011

• Ninth Circuit Affirms Federal Criminal Conviction of Employee Who Downloaded Information to Start Competing Business

  June 03, 2011

• Son of Employee Who Filed Charge Within Zone of Protected Persons Under Thompson Decision

  June 03, 2011

• Supreme Court Upholds Employment Portions of Arizona Immigration Law

  June 03, 2011

• Employee Not Entitled to Pay for Commuting Time Due to Post-Commute Work at Home

  May 27, 2011

• SOX Does Not Protect Employee Leaks to the Media

  May 27, 2011

• Supreme Court Declines Review of Fourth Circuit ADA Transfer Case

  May 27, 2011

• Fourth Circuit Says Mere Passage of Time Will Not Defeat Retaliation Claim

  May 20, 2011

• IRS Announces 403(b) Compliance Project and HSA Limits for 2012

  May 20, 2011

• Supreme Court Says Erroneous SPD Terms Do Not Control Plan Interpretation, But Provides Avenue For Equitable Relief

  May 20, 2011

• DOT Proposes Cell Phone Ban for Commercial Motor Vehicle Drivers Carrying Hazmats

  May 13, 2011

• Employee Just Discharged From Rehab Excluded From ADA Protection Due to Current Drug Use

  May 13, 2011

• Fourth Circuit Says Employer Not Absolutely Liable for Workplace Harassment

  May 13, 2011

• NLRB Sues Arizona Over "Anti-EFCA" Law

  May 13, 2011

• OFCCP Issues New Rules for Affirmative Action for Veterans

  May 06, 2011

• Religious Accommodation Does Not Require Modification of Zero Tolerance Policy on Harassment of Gay Employee

  May 06, 2011

• Supreme Court Upholds Bar on Class Action Arbitrations

  May 06, 2011

• Accused Sexual Harasser Not Protected Under Title VII For Reverse Discrimination

  April 29, 2011

• NC Federal Trial Court Decision Shows Low Burden For Claiming Disabled Status Under ADAAA

  April 29, 2011

• North Carolina Employer Liable For Mistaken Benefits Information Provided To Employee

  April 29, 2011

• Fourth Circuit Says Employment Decision Based on Conservative Political Views Not Religious Discrimination

  April 22, 2011

• Ninth Circuit Blocks Employment Portions of Arizona Immigration Law

  April 22, 2011

• NLRB Accuses Boeing of Retaliating Against Union by Opening SC Facility

  April 22, 2011

• DOL Adopts Clean-Up FLSA Rule Changes

  April 15, 2011

• EEOC Wins $451,000 Verdict Based on Gender Stereotyping

  April 15, 2011

• OSHRC Upholds Citation in Wal-Mart Trampling Death

  April 15, 2011

• Fourth Circuit Upholds Private Settlement of FMLA Claims

  April 08, 2011

• IRS Provides Interim Guidance on W-2 Reporting of Cost of Group Health Insurance Coverage

  April 08, 2011

• NLRB Allows Employees to Wear "Inmate" Shirts on Customer Service Calls

  April 08, 2011

• Seventh Circuit Says Ledbetter Act Applies to § 1983 Claims

  April 08, 2011

• EEOC Issues Final ADAAA Rules

  April 01, 2011

• Fifth Circuit Says No Claim for Harassment Under USERRA

  April 01, 2011

• Service Animal Provisions of New ADA Title III Rules May Apply to Title I Employee Accommodation Duties

  April 01, 2011

• EEOC Settles Raleigh Santa Hat Religious Discrimination Claim

  March 25, 2011

• OSHA Reverses Course on Addition of Ergonomic Injury Category to Form 300

  March 25, 2011

• Supreme Court Says Oral Complaint Triggers FLSA's Anti-Retaliation Protections

  March 25, 2011

• Fourth Circuit Deems School Security Officer Who Coached Teams as FLSA Volunteer

  March 18, 2011

• North Carolina General Assembly Considers "Bring Your Gun to Work" Bill

  March 18, 2011

• Should Employers Investigate Anonymous Complaints Regarding Employees?

  March 18, 2011

• "One Strike" Applicant Drug Testing Policy Does Not Violate ADA

  March 11, 2011

• Fourth Circuit Says Employer Liable for Sexual Harassment of Employee by Customer's Employees

  March 11, 2011

• IRS Announces Replacement of Schedule SSA with Form 8955-SSA

  March 11, 2011

• New ADA Title III Rules Take Effect March 15

  March 11, 2011

• Ninth Circuit Says Pharmaceutical Reps Exempt From FLSA Overtime Requirements

  March 04, 2011

• OSHA Issues Enforcement Guidance on Personal Protective Equipment

  March 04, 2011

• Supreme Court Recognizes "Catspaw" Theory for Employment Discrimination Claims

  March 04, 2011

• Can the EEOC Sue Employers For Refusing to Consider Hiring the Unemployed?

  February 25, 2011

• Fourth Circuit Denies Industry Challenge to OSHA Enforcement Directive

  February 25, 2011

• IRS Clarifies 403(b) Plan Termination Provisions

  February 25, 2011

• IRS Concludes Lactation Supplies Qualify as Medical Expenses

  February 18, 2011

• NLRB Prohibits Pre-Emptive Strike Against Concerted Activity

  February 18, 2011

• Vacation Policy Should Clearly Establish Rules for Payouts, Forfeitures

  February 18, 2011

• EEOC Sues South Carolina Employer and Temp Agency for Requiring Employee to Produce U.S. Birth Certificate

  February 11, 2011

• NLRB Settles Facebook Case

  February 11, 2011

• Obama Again Appoints Becker to NLRB

  February 11, 2011

• Employee's Statement That He Might Need FMLA Leave Insufficient to Place Employer on Notice

  February 04, 2011

• Ninth Circuit Says Employees Who Quit Due to Business Closing Are Included in WARN Job Loss Calculations

  February 04, 2011

• Spiritual Healing Trip Not Protected Under FMLA

  February 04, 2011

• Fourth Circuit Upholds Use of Fluctuating Workweek Method for Calculating Unpaid Overtime Claims

  January 28, 2011

• Supreme Court Allows Title VII Retaliation Suit by Fiancée of Employee Who Filed EEOC Charge

  January 28, 2011

• Supreme Court Says Public Employers May Conduct Background Checks on Applicants

  January 28, 2011

• Employees Accepting Voluntary Separation Packages Not Included in WARN Act Job Loss Calculations

  January 21, 2011

• OFCCP Proposes Withdrawal of Systemic Pay Discrimination Standards

  January 21, 2011

• OSHA Withdraws Proposed Interpretation on Occupational Noise

  January 21, 2011

• EEOC Approves ADAAA Rules, Sends to OMB for Approval

  January 14, 2011

• Fourth Circuit Again Finds Sexual Harassment Created by General Workplace Behavior

  January 14, 2011

• North Carolina Tightens Rules on Employee Non-Solicitation Agreements

  January 14, 2011

• Companies Have Reporting Obligations for 2010 Incentive Stock Option Exercises and Stock Transfers Under Employee Stock Purchase Plans

  January 07, 2011

• NLRB Proposes Mandatory Labor Rights Poster

  January 07, 2011

• Severance Benefits Do Not Offset FLSA Overtime Liability

  January 07, 2011

• Bankruptcy Code Does Not Include Failure to Hire Cause of Action

  December 31, 2010

• DOJ Ends Lucasfilm's No Cold Call Agreement With Pixar: May the Market Force Be With You

  December 31, 2010

• Fully Insured Group Health Plan Compliance with Nondiscrimination Rules Delayed

  December 31, 2010

• IRS Expands Group Trusts to Include Certain Tax-Sheltered Annuities

  December 31, 2010

• OSHA Extends Comment Period for Hearing Conservation Changes

  December 17, 2010

• OSHA Reports Significant Decrease in Workplace Injuries

  December 17, 2010

• Supreme Court Agrees to Hear Challenge to Giant Wal-Mart Class Action Certification

  December 17, 2010

• Virginia Judge Finds Individual Mandated Health Coverage Unconstitutional

  December 17, 2010

• EEOC Announces Record Number of Discrimination Charges Filed in FY 2010

  December 10, 2010

• FLSA Tip Pooling Cases on the Rise

  December 10, 2010

• IRS Provides Forms and Additional Guidance on Small Employer Healthcare Tax Credit

  December 10, 2010

• DEA Ban on Synthetic Marijuana May Prompt Changes to Workplace Policies

  December 03, 2010

• DOL Publishes Proposed Rule Strengthening Disclosures to Participants and Beneficiaries in Participant-Directed Individual Account Plans

  December 03, 2010

• DOL Releases Proposed Rule Requiring Defined Benefit Plans to Provide Annual Funding Notice

  December 03, 2010

• Underage Employee's Death After Removal of Machine Guard Does Not Escape Workers' Compensation Preemption

  December 03, 2010

• Employer-Sponsored Wellness Programs Impacted by Final GINA Regulations

  November 19, 2010

• Final GINA Rules Will Affect Employers' Requests for Employee Medical Information

  November 19, 2010

• New North Carolina Rules Modification and Improvement Program Allows Public Input on Changes or Removal of Bad Regulations

  November 19, 2010

• NLRB Says Termination of Employee For Critical Facebook Posting Violates Federal Labor Law

  November 12, 2010

• OSHA Issues Fact Sheet for Retailers on Crowd Control

  November 12, 2010

• Sixth Circuit Refuses to Hear Case Challenging Employer's No Prescription Drug Use Policy

  November 12, 2010

• Bankruptcy Appellate Panel Rules Chapter 13 Debtors May Not Begin 401(k) Contributions Following 401(k) Loan Repayment

  November 05, 2010

• EEOC Holds Hearings on Use of Credit Checks in Hiring Process

  November 05, 2010

• Fourth Circuit Says Employer Not Required to Hold Position Vacant Under ADA

  November 05, 2010

• Georgia Passes Ballot Initiative Loosening Rules on Non-Competes

  November 05, 2010

• Invasion of Personal Space Deemed Possible Sexual Harassment

  October 29, 2010

• IRS Announces 2011 Limits for Retirement Plans

  October 29, 2010

• OSHA Focuses on Injury Reporting, Distracted Driving and Noise Exposure

  October 29, 2010

• Is 40 Old?

  October 22, 2010

• Shifting Justification for Termination Creates Jury Question Over Alleged Discrimination

  October 22, 2010

• Fifth Circuit Refuses to Apply Ledbetter Act to Failure to Promote Claim

  October 15, 2010

• IRS Delays Mandatory Implementation of W-2 Reporting Requirement for Cost of Employer-Sponsored Health Coverage

  October 15, 2010

• Workplace Fatalities Drop in 2009

  October 15, 2010

• Could Feds Take Over NC and SC OSHA Enforcement Programs?

  October 08, 2010

• DOL Releases Spanish-Language Versions of Health Care Reform Notices

  October 08, 2010

• Purchaser of Leaseholds Not Successor Employer Under FMLA

  October 08, 2010

• Disqualification Based on Theft Convictions Deemed Permissible Hiring Standard

  October 01, 2010

• Employee Benefits Affected by Small Business Jobs Act of 2010

  October 01, 2010

• Senator Reid Intends to Bring Paycheck Fairness Act for Vote

  October 01, 2010

• EEOC Files First Lawsuits Under ADAAA

  September 24, 2010

• Switching PTO Policies? Make Certain Employees Do Not Lose Accrued Benefits

  September 24, 2010

• Employee's Failure to Provide Notice of Need to Extend FMLA Leave Dooms Claim

  September 17, 2010

• Third Circuit Invalidates City Ordinance Prohibiting Employment of Illegal Aliens

  September 17, 2010

• Failure to Discipline Female Employees Involved in Harassment Allegations is Not Sex Discrimination Against Terminated Males

  September 10, 2010

• Female Employee's "Relentless" Pursuit of Male Colleague Created Hostile Work Environment

  September 10, 2010

• IRS Releases Guidance on Reimbursement of Over-the-Counter Medicine and Drug Expenses

  September 10, 2010

• Sign Language Interpreter May Be Required for All But Casual Workplace Communications

  September 10, 2010

• Employee's Request for Leave After Death of Husband Could be Considered FMLA Leave Request

  September 03, 2010

• Make Certain Employees on Breaks Are Relieved of All Job Duties

  September 03, 2010

• OSHA Seeking Nominations for New or Revised Hazardous Substance Exposure Limits

  August 27, 2010

• Repeated Use of Word "Bitch" to Refer to Female Employee Adequate Evidence of Gender Discrimination

  August 27, 2010

• North Carolina Limits Ability to Deduct From Paychecks Without Offering Employee Chance to Rescind Authorization

  August 20, 2010

• OSHA Issues Final Rule on Construction Cranes and Derricks

  August 20, 2010

• Fourth Circuit Says Failure to Fire Co-Worker After Noose Incident Not Title VII Violation

  August 13, 2010

• OSHA Levels $16.6 Million Fine Against Connecticut Power Plant Contractors

  August 13, 2010

• Seventh Circuit Says that FLSA Back Wages Can be Calculated Under Fluctuating Workweek Method

  August 13, 2010

• DOL Issues Fact Sheet on Break Time for Nursing Mothers Under Healthcare Reform Act

  August 06, 2010

• Potential Witness to Discrimination Complaint Not Entitled to Retaliation Protection

  August 06, 2010

• Pre-Existing Condition Insurance Plan Program Announced

  August 06, 2010

• Employer That Agreed to Patient's Request For White Care Providers Violated Title VII

  July 30, 2010

• Per Diem Pay Deemed Willful Evasion of FLSA Overtime Requirements

  July 30, 2010

• Supreme Court to Review Third-Party Retaliation Case

  July 30, 2010

• Department of Labor Releases Fee Disclosure Rules

  July 23, 2010

• DOL and IRS Focusing on Independent Contractor Misclassification

  July 23, 2010

• DOL to Target Hospitality Industry

  July 23, 2010

• Department of Labor Releases Fee Disclosure Rules

  July 16, 2010

• Employers Rethinking Cell Phone Use While Driving Policies

  July 16, 2010

• Interim Final Regulations for Coverage of Preventive Services Under Health Care Reform Released

  July 16, 2010

• Termination Triggered by FMLA Leave Request Did Not Violate ADA

  July 16, 2010

• Fourth Circuit Says Sole Business Owner's Comments to Female Worker Enough to Create Hostile Work Environment

  July 09, 2010

• Supreme Court to Review Arizona Law Revoking Business Licenses for Hiring Illegal Immigrants

  July 09, 2010

• DOL Releases Model Notices Under Health Care Reform

  July 02, 2010

• Employer's Active Litigation of Case Waives Right to Compel Arbitration

  July 02, 2010

• HHS Releases Early Retiree Reinsurance Program Application

  July 02, 2010

• OSHA Outreach Training to Emphasize Employee Rights

  July 02, 2010

• Retaliation Claim Allowed to Proceed Under Title VII Based on a "Perception Theory"

  July 02, 2010

• Department of Labor Issues Final Regulations on Timing and Order of Qualified Domestic Relations Orders (QDROs)

  June 25, 2010

• DOL Extends FMLA Parental Leave Rights to Same-Sex Partners

  June 25, 2010

• Supreme Court Allows Public Employer to Review Text Messages Sent on Supplied Device

  June 25, 2010

• Joint Interim Regulations Issued on Grandfathered Health Plans

  June 18, 2010

• North Carolina Business Court Rejects Claims for ESOP Payment by Former Executive

  June 18, 2010

• Positions Filled by Temporary Workers Not Vacant for Purposes of ADA Accommodation Obligations

  June 18, 2010

• Draft Application for Early Retiree Reinsurance Program Published by Department of Health and Human Services

  June 11, 2010

• Dust Off Your Pre-ARRA COBRA Notices: Eligibility for COBRA Premium Subsidy Expired After May 31, 2010

  June 11, 2010

• North Carolina Court of Appeals Upholds Oral Employment Agreement to Pay Bonuses

  June 11, 2010

• OSHA Proposes Changes to Walking-Working Surfaces Safety Standard

  June 11, 2010

• Employers Not Required to Accommodate Medical Marijuana Use

  June 04, 2010

• Supreme Court Overturns Fourth Circuit Decision Finding that Prevailing Party Status Not Necessary for Award of Attorney's Fees under ERISA

  June 04, 2010

• Supreme Court Says Title VII Suit Based on Old Test Timely if Results are Later Used to Make Employment Decisions

  June 04, 2010

• 2010 HSA Limits Remain in Place for 2011

  May 28, 2010

• DOL Issues New Poster Advising Employees of Labor Rights

  May 28, 2010

• South Carolina Supreme Court Holds that Courts May Not "Blue-Pencil" Non-Competes

  May 28, 2010

• Supreme Court Affirms Plan Administrator Deference Even Where Plan Administrator's Previous Interpretation Was Found Unreasonable

  May 28, 2010

• Wage and Hour Issues New Rules on Child Labor in Hazardous Occupations

  May 28, 2010

• HHS Issues Interim Final Rule Regarding Health Care Reform's Early Retiree Reinsurance Program

  May 21, 2010

• Timing of Termination Raises Fact Question and Allows FMLA Claim to Go to Jury

  May 21, 2010

• Warning to Employee Not Adverse Employment Action Under Title VII

  May 21, 2010

• DOL Issues Fact Sheet for Internship Programs

  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

  May 14, 2010

• IRS Publishes New Form W-11 for Use in Claiming Hire Act Tax Credit

  May 14, 2010

• Eligibility for COBRA Premium Subsidy Extended Through May 31, 2010; DOL Provides Updated Model Notices and COBRA Fact Sheet

  May 07, 2010

• Federal OSHA Announces Severe Violator Enforcement Program

  May 07, 2010

• Ninth Circuit Certifies Giant Wal-Mart Class Action Claim

  May 07, 2010

• FMLA Eligibility Not Prerequisite for Retaliation Claim

  April 30, 2010

• OSHA Can Base Penalties On Each Employee Not Provided PPE

  April 30, 2010

• Supreme Court Says Class Arbitrations Not Allowed Absent Specific Agreement

  April 30, 2010

• Health Care Reform Law Requires Breastfeeding Accommodation

  April 23, 2010

• Unpaid Internships Under Legal Scrutiny

  April 23, 2010

• Failure to Accommodate Commuting Needs May Violate ADA

  April 16, 2010

• Fourth Circuit Revives Sexual Harassment Claim Where Manager Told Employee That She Was "Overreacting" by Reporting Alleged Misconduct

  April 16, 2010

• Fourth Circuit Says Agility Test May Have Been Used to Exclude Female Worker from Job

  April 16, 2010

• IRS Releases Guidance on Health Care Reform Small Employer Tax Credit

  April 16, 2010

• "Ministerial" Exception Applies to FLSA Wage Claims

  April 09, 2010

• Health Care Reform Update: Clarification on "Grandfathered" Plans

  April 09, 2010

• South Carolina Discrimination Law's Procedural Requirements Met by Filing EEOC Charge

  April 09, 2010

• California Marijuana Ballot Initiative Could Affect Employer Drug Use and Testing Policies

  April 02, 2010

• DOL Rescinds Opinion on Exempt Status of Mortgage Loan Officers

  April 02, 2010

• Health Care Reform - What Employers Need to Know Now

  April 02, 2010

• Health Care Reform - What Employers Need to Know Now

  April 02, 2010

• Manager Fired for Sexual Harassment Cannot Claim Age Discrimination

  March 26, 2010

• North Carolina Court Says Employee Claiming Termination for Reporting Financial Misconduct Can Sue for Wrongful Discharge

  March 26, 2010

• Employee's Own Testimony Can Establish Serious Health Condition Under FMLA

  March 19, 2010

• Paycheck Fairness Act Back Before Congress

  March 19, 2010

• You Guessed It - DOL Releases New Model Notices for Recent COBRA Subsidy Extension

  March 19, 2010

• Ledbetter Act Cannot Revive Old Failure to Promote Claim

  March 12, 2010

• Run FMLA Concurrently with Workers' Compensation Leave

  March 12, 2010

• COBRA Premium Subsidy Extended – Legislation Includes Change to Definition of Qualifying Event

  March 05, 2010

• Failure to Complain to Someone Other Than Harasser Does Not Bar Title VII Claim Against Employer

  March 05, 2010

• Restaurant’s Tip Pooling Arrangement Does Not Violate FLSA

  March 05, 2010

• DOL and IRS Release Additional 403(b) Plan Guidance

  February 26, 2010

• EEOC Issues Proposed Rules on "Reasonable Factors Other Than Age" Defense

  February 26, 2010

• Statements on SSDI Application Do Not Prevent Later ADA Claim

  February 26, 2010

• Ledbetter Law Does Not Extend Statute of Limitations

  February 19, 2010

• Move to Remote Area of Office Not ADA Accommodation

  February 19, 2010

• Pharmaceutical Sales Rep Deemed Administrative Exempt Employee

  February 12, 2010

• Tenth Circuit Partially Invalidates Oklahoma Immigration Law

  February 12, 2010

• Does GPS Monitoring of Company Vehicles Violate Employee Privacy Rights?

  February 05, 2010

• OSHA Indicates Interest in Reviving Ergonomics Standard

  February 05, 2010

• DOT Bans Texting While Driving by Truck And Bus Drivers

  January 29, 2010

• Exposure to Crude Behavior Can Create Hostile Working Environment Even If Not Directed Toward Plaintiff

  January 29, 2010

• Holding Female Employee to Particular Beauty Standard Deemed Illegal Stereotyping under Title VII

  January 29, 2010

• Follow-up to Pre-Offer Drug Test Deemed Prohibited Medical Inquiry under the ADA

  January 22, 2010

• Inside Advertising Salespersons Do Not Qualify for Administrative Overtime Exemption

  January 22, 2010

• EEOC Releases Discrimination Statistics for FY 2009

  January 15, 2010

• Limited Discretion and Independent Judgment Enough to Claim Administrative FLSA Exemption

  January 15, 2010

• OSHA Releases Information on Top 10 Grounds for Violations

  January 15, 2010

• Intrastate Drivers Completing Interstate Movement Qualify for Overtime Exemption

  January 08, 2010

• IRS Publishes Correction Procedures for 409A Document Failures

  January 08, 2010

• New Law Prohibits Mandatory Employment Arbitration Causes for Military Contractors

  January 08, 2010

• Plan Sponsors Must Self-Report Excise Tax Liability for Failure to Comply with Group Health Plan Requirements

  January 08, 2010

• COBRA Subsidy Extension Requires Employer and Group Health Plan Administrator Action

  December 23, 2009

• Bill Adding Sexual Orientation to Title VII Put Off until 2010

  December 18, 2009

• Seventh Circuit Dismisses Title VII Claim by Christian Employees Opposed to Homosexuality

  December 18, 2009

• Supreme Court to Review Employer Access to Text Messages on Company Account

  December 18, 2009

• District Court in Fourth Circuit Calculates Unpaid Overtime Using Half-Time Premium

  December 11, 2009

• Second Circuit Says Bank Loan Underwriters Not Exempt from Overtime Requirements

  December 11, 2009

• Department of Labor Releases Clarifying Guidance on Eligibility for COBRA Premium Subsidy

  December 04, 2009

• Failure to Hire for Vacant Position after Job Elimination Not Retaliatory

  December 04, 2009

• OSHA Issues Fact Sheet for Retail Crowd Control During Holiday Sales

  December 04, 2009

• South Carolina Enforces Invention Assignment Agreement But Refuses Injunction

  December 04, 2009

• Engineering Job Not Exempt from Overtime Absent Engineering Degree

  November 20, 2009

• EPLI Policy Does Not Cover Back Wage Class Action Claim

  November 20, 2009

• District Court Finds that Plan Administrators Cannot Consider Motivation When Determining Whether to Qualify a Domestic Relations Order

  November 13, 2009

• Fourth Circuit Stays Preference for More Energetic Employee Supports Age Discrimination Claim

  November 13, 2009

• GINA'S Employment Provisions Take Effect November 21

  November 13, 2009

• Defense Authorization Act Expands Military FMLA Coverage

  November 06, 2009

• Rehabilitation Act and ADA Title II Prohibit Retaliation Against Employee Who Protests Treatment of Disabled Students

  November 06, 2009

• Reminder of Year-End Deadline to Amend Performance-Based Compensation Arrangements in Light of IRS Section 162(m) Ruling

  November 06, 2009

• EEOC Releases New Compliance Poster

  October 30, 2009

• Federal Judge Rejects Settlement in Disney Segway Use ADA Claim

  October 30, 2009

• ADAAA Rules Reflect Expansion of “Regarded As” Disabled Definition

  October 23, 2009

• Payroll Debit Card Rules Vary By State

  October 23, 2009

• DHS Repeals No Match Regulations

  October 16, 2009

• New GINA Regulations Present Challenges to Health and Wellness Plans

  October 16, 2009

• No ADA Interactive Process Required in Absence of Possible Accommodation

  October 16, 2009

• ADAAA Rules Expand Definition of Working As Major Life Activity

  October 09, 2009

• EEOC Contends Any Maximum Leave Policy Violates ADA

  October 09, 2009

• Ninth Circuit Says Return to Work Capacity Analysis Is ADA Medical Exam

  October 09, 2009

• ADAAA Rules Create Broad Definition of Disability

  October 02, 2009

• Employee's Work From Home Counts Toward FMLA Eligibility Threshold

  October 02, 2009

• Proposed ADAAA Rules Cover Short Term Impairments

  October 02, 2009

• Consultant’s Discriminatory Comments Bind Employer

  September 18, 2009

• EEOC Issues H1N1 Technical Assistance Document

  September 18, 2009

• Seldom Practiced Job Functions Can Be Essential under ADA

  September 18, 2009

• Employer Entitled to Fire Employee on FLMA Leave Due to Uncovered Misconduct And Refusal to Cooperate

  September 11, 2009

• Federal Court Clears Way for Mandatory E-Verify Use by Federal Contractors

  September 11, 2009

• IRS and Treasury Issue Notices to Promote Retirement Plan Savings

  September 11, 2009

• Third Circuit Revives Title VII Gender Stereotype Claim Brought by Homosexual Employee

  September 11, 2009

• First Circuit Refuses to Apply FMLA to Ineligible Employee

  September 04, 2009

• IRS Provides Reporting Mechanism for COBRA Subsidy Misuse

  September 04, 2009

• NC Supreme Court Says No Unemployment Benefits for Voluntary Retirements

  September 04, 2009

• USERRA Amendment Removes Any Statute of Limitation on Claims

  September 04, 2009

• EEOC’s Unwillingness to Adopt Substantial Limitation Standard Will Leave Definition to Courts

  August 28, 2009

• DOL Says Voluntary Furloughs Do Not Violate FLSA Overtime Exemption Rules

  August 21, 2009

• Ninth Circuit Takes Expansive View of SOX’s Anti-Retaliation Provisions

  August 21, 2009

• D.C. Circuit Says No to ADAAA Retroactivity

  August 14, 2009

• Employer’s Failure to Stop Workplace Proselytizing May Have Created Hostile Work Environment

  August 14, 2009

• IRS Concludes It Can Enforce Tax Levy by Seizing Employee Stock Options

  August 14, 2009

• Seventh Circuit Says Internal FLSA Complaint Must Be in Writing to Be Protected Activity

  August 14, 2009

• DOL to Eliminate ESA

  August 07, 2009

• Flirtatious Same Sex Conduct Not Sexual Harassment under Title VII

  August 07, 2009

• Fourth Circuit Says Employer’s Tepid Response to Harassment Claims Insufficient to Avoid Jury Trial

  August 07, 2009

• EEOC Issues Guidance on Waivers and Severance Agreements

  July 31, 2009

• Employer Surveillance of Employee Blogs, Social Networks Could Create Liability For Employers

  July 31, 2009

• FTC to Again Delay Red Flag Rule for 90 Days

  July 31, 2009

• Shy Bladder Syndrome May Constitute a Disability

  July 31, 2009

• Department of Labor Provides Guidance on 2009 Form 5500 Requirements for 403(b) Plans

  July 24, 2009

• EEOC Declines to Adopt Clear Rule as to Duration of Qualifying ADA Disability

  July 24, 2009

• Fourth Circuit Says Religious Accomodation Sufficient Factor in Employee Discharge to Allow Claim to Proceed

  July 24, 2009

• Ineligible Employee Placed on FMLA Not Entitled to Act's Protection

  July 24, 2009

• Alienation of Affections Reforms Would Shield NC Employers

  July 17, 2009

• Federal Court Lifts Stay on DOT Direct Observation Drug Testing Rule

  July 17, 2009

• New ADA Rules May Create Per Se List of Disabling Medical Conditions

  July 17, 2009

• North Carolina to Double Fines For Child Labor Violations

  July 17, 2009

• ELA Webinar on Downsizings, Lay-Offs and Redundancies in Asia and the Pacific

  July 10, 2009

• Fourth Circuit Orders Employer to Hire Applicants with Union Affiliation

  July 10, 2009

• Fifth Circuit Says Intermittent Chronic Fatigue Syndrome Is ADA Disability

  July 02, 2009

• Supreme Court Says Employer Ordinarily Cannot Reverse Testing Results Due to Impact Concerns

  July 02, 2009

• Termination of Employee Who Threatened to Kill Co-Workers Not ADA Violation

  July 02, 2009

• Employee's Deletion of Computer Files Does Not Result in Trade Secret Inference

  June 26, 2009

• NC Court of Appeals Dismisses Woodson Claim on Pleadings

  June 26, 2009

• Supreme Court Says No to Mixed Motive Age Discrimination Claims

  June 26, 2009

• EEOC Says Mandatory Health Risk Assessment Violates

  June 19, 2009

• IRS Issues Notice Providing Guidance on Employer-Owned Life Insurance Contracts

  June 19, 2009

• New North Carolina Law Extends COBRA Enrollment Period for Certain Involuntarily Terminated Employees

  June 19, 2009

• South Carolina Illegal Immigration Reform Act Takes Effect on July 1 for Companies with 100 or More Employees

  June 19, 2009

• DOL and HHS Announce Details of COBRA Subsidy Denial Appeals Process

  June 12, 2009

• DOL and HHS Announce Details of COBRA Subsidy Denial Appeals Process

  June 12, 2009

• Furloughs of Salaried Employees Can Threaten FLSA Exemption

  June 12, 2009

• Sixth Circuit Says Retaliation Against Fiance Not Actionable under Title VII

  June 12, 2009

• DOL to Again Delay Mandatory E-Verify for Federal Contractors

  June 05, 2009

• NC Bill Would Allow Former Employees Receiving Severance Pay to Collect UI Benefits

  June 05, 2009

• Wage And Hour Division Issues Guidance for Application of Davis-Bacon to Stimulus Act Projects

  June 05, 2009

• DOL Delays Effective Date of Investment Advice Rules

  May 29, 2009

• Knowledge of OSHA Violations Insufficient to Prove Woodson Claim

  May 29, 2009

• Supreme Court Says Pension Plan Does Not Have to Account for Actions Prior to Enactment of Current Law

  May 29, 2009

• 2010 Inflation Adjustments Increase HSA Limits

  May 22, 2009

• Federal Appellate Court Upholds DOT Direct Observation Testing Rule

  May 22, 2009

• IRS Permits Suspension or Reduction of Safe Harbor Nonelective Contributions

  May 22, 2009

• Market Factors Do Not Adequately Explain Salary Differences For Male and Female Employees

  May 22, 2009

• Georgia Might Change Non-Compete Restrictions

  May 15, 2009

• HHS and FTC Issue Guidance Regarding HIPAA Security Breach Notification Requirements

  May 15, 2009

• Religious Accommodation Claim Must Involve Consequences Such As Discipline Or Discharge

  May 15, 2009

• Administrative Overtime Exemption Not Determined by Importance of Position

  May 08, 2009

• Statement Made During Job Interview Direct Evidence of Discrimination

  May 08, 2009

• EEOC Issues Best Practices for Employee Caregivers

  May 01, 2009

• Employers Should Develop Plan to Respond to Flu Pandemic

  May 01, 2009

• Seventh Circuit Agrees That Driving Is Not ADA Major Life Activity

  May 01, 2009

• Feds Again Delay Mandatory E-Verify Use by Contractors

  April 24, 2009

• IRS Announces Program for Pre-Approval of 403(b) Prototype Plans

  April 24, 2009

• Refusal of Nigerian Employee to Take English Lessons Is Not Protected Activity under Title VII

  April 24, 2009

• Sixth Circuit Finds Hugging, Sexual Hand Gestures and Comments Do Not Amount to Sexual Harassment

  April 24, 2009

• Supreme Court Declines to Decide if Driving is ADA Major Life Activity

  April 24, 2009

• Complaints over Violation of Internal Policies Not Grounds for Wrongful Discharge in North Carolina

  April 17, 2009

• NC Court of Appeals Says $500 Adequate Consideration to Support Two-Year Non-Compete

  April 17, 2009

• Proactive Compensation Reviews Can Prevent Ledbetter Claims Liability

  April 17, 2009

• DOL Issues Model Defined Benefit Plan Annual Funding Notices

  April 10, 2009

• Employee Who Falsified Medical Information Not Entitled to FMLA Leave Regardless of Underlying Condition

  April 10, 2009

• OFCCP Showing Renewed Interest in Veterans and Disability Practices by Contractors

  April 10, 2009

• Supreme Court Says Mandatory Arbitration Provision in Bargaining Agreement Binds Union Members

  April 10, 2009

• Exercise Caution When Classifying Administrative Assistants As Exempt from FLSA Overtime Requirements

  April 03, 2009

• IRS Issues Guidance on "Involuntary Termination" and other ARRA COBRA Issues

  April 03, 2009

• New I-9 Form

  April 03, 2009

• Seventh Circuit Rejects Use of "Cat's Paw" Theory in USERRA Case

  April 03, 2009

• Employers Have Legal Obligation to Act If Child Pornography is Discovered in Workplace

  March 27, 2009

• OSHA Delays Popcorn Lung Rulemaking

  March 27, 2009

• Seventh Circuit Dismisses Plaintiffs' Claims Alleging Excessive Fees and Non-Disclosure of Fee Sharing Related to 401(k) Plans

  March 27, 2009

• DOL Releases Model Notices Relating to Recent COBRA Changes

  March 20, 2009

• Fourth Circuit Finds Hospital Immune from State Employment Claims under HCQIA

  March 20, 2009

• Spike in Age Discrimination Claims Cautions Employers Undergoing Workforce Reductions

  March 20, 2009

• EEOC Charges Hit Record Levels in 2008; Obama Proposes Increases in Agency Enforcement Budgets

  March 13, 2009

• Eighth Circuit Upholds OSHA's Multi-Employer Worksite Enforcement Policy

  March 13, 2009

• Fourth Circuit Says Eligible Employee on Non-FMLA Leave Still Protected from Retaliation

  March 13, 2009

• Supreme Court Upholds Idaho's Ban on Payroll Deductions for Union Political Activities

  March 13, 2009

• EEOC Issues Proposed GINA Rules

  March 06, 2009

• Late-Breaking Issues – Co-Chair, Compliance Track

  March 06, 2009

• President Obama Issues Executive Order Encouraging Use of Project Labor Agreements

  March 06, 2009

• DOJ Pulls Plug on New ADA Access Rules

  February 27, 2009

• Tenth Circuit Upholds Oklahoma Workplace Weapons Law

  February 27, 2009

• Stimulus Act Changes to COBRA Requires Immediate Action

  February 26, 2009

• H-1B Foreign Professional Worker Restrictive Provisions Enacted in Stimulus Bill

  February 24, 2009

• Stimulus Act Restricts Use of H 1B Workers

  February 23, 2009

• Children's Health Insurance Program Reauthorization Act of 2009 ("CHIP") Impacts Group Health Plans

  February 20, 2009

• First Circuit Establishes Standards For Private SOX Action

  February 20, 2009

• Ninth Circuit Comes Close To Retroactive Application Of ADAAA

  February 20, 2009

• Stimulus Act Changes To COBRA Will Require Immediate Action

  February 20, 2009

• The American Recovery and Reinvestment Act of 2009

  February 20, 2009

• Ninth Circuit Certifies Giant Wal-Mart Sex Discrimination Class Action

  February 16, 2009

• Ledbetter Act Prompts Employers To Review Salary Disparities

  February 13, 2009

• Stimulus Bill Prompts Renewed Interest In Government Contracting

  February 13, 2009

• Supreme Court Upholds Payment of Plan Benefits to Beneficiary Who Waived Right to Benefits in Divorce Decree

  February 13, 2009

• Feds Delay Effective Dates for New I-9 Form, E-Verify Requirements

  February 06, 2009

• New Executive Orders Expand Union Access to Federal Contractors

  February 06, 2009

• New H1-B Applications Accepted As of April 1

  February 06, 2009

• Supreme Court Allows §1983 Claim in Student Sexual Harassment Action

  February 06, 2009

• Ledbetter Law Poses Challenges to Human Resource Professionals

  January 30, 2009

• New Form I-9

  January 30, 2009

• Supreme Court Allows Use of Non-Members' Fees for National Litigation

  January 30, 2009

• Supreme Court Applies Title VII Retaliation Bar to Participation in Internal Investigation

  January 30, 2009

• North Carolina Court Holds Employee Non-Competition Agreement Overbroad and Unenforceable

  January 27, 2009

• District Court Finds COBRA Notice Required When Retiree Health Coverage Differs from Previous Active Coverage

  January 23, 2009

• Fourth Circuit Says EEOC Retaliation Charge Insufficient to Support Later Discrimination Lawsuit

  January 23, 2009

• House Passes Ledbetter and Paycheck Fairness Bills

  January 23, 2009

• DOJ Delays Mandatory E-Verify Use by Federal Contractors

  January 16, 2009

• NC Aviation Statute Does Not Provide Basis for Public Policy Wrongful Discharge Claim

  January 16, 2009

• New Law Allows Participants to Suspend Required Minimum Distributions in 2009

  January 16, 2009

• Non-Compete Agreement That Includes Affiliates Unenforceable in NC

  January 16, 2009

• Fourth Circuit Says Transfer from Operating Room to Desk Job Did Not Violate FMLA

  January 09, 2009

• IRS Publishes Additional 409A Guidance

  January 09, 2009

• New FMLA Rules Change Medical Certification Procedures

  January 09, 2009

• ADAAA in Effect January 1

  January 02, 2009

• New FMLA Rules May Require Job Descriptions for Fitness-for-Duty Certifications

  January 02, 2009

• Fourth Circuit Says Lower Profit Warning Not Whistleblowing under SOX

  December 19, 2008

• New FMLA Rules Tweak Medical Certification Procedures

  December 19, 2008

• Sixth Circuit Finds Former Employees Cannot Sue under ADA for Discrimination in Disability Benefits

  December 19, 2008

• 35 Days Remaining to Revise FMLA Policies

  December 12, 2008

• DOL Issues New FMLA Forms and Poster

  December 12, 2008

• IRS Extends Written Plan Document Deadline for 403(b) Plans

  December 12, 2008

• Fourth Circuit Finds ERISA Claims Procedure Violation Does Not Entitle Employee to Benefits

  December 05, 2008

• Fourth Circuit Says Conduct Not Directly Aimed at Plaintiff May Support Title VII Claim

  December 05, 2008

• New FMLA Rules Overturn Fourth Circuit's Taylor Decision

  December 05, 2008

• DOL Issues Final FMLA Rules

  November 21, 2008

• FMLA Rules Establish Procedures for Family Military Leave

  November 21, 2008

• IRS Guidance Provides Warning on Funding Business Startups with Retirement Accounts

  November 21, 2008

• Death Resulting from High Risk Operation Does Not Trigger Woodson Liability

  November 14, 2008

• Fourth Circuit Rejects Title VII Claim Based on Parallel Claims of Unfairness in Termination Decision

  November 14, 2008

• New Administration May Push Variety of Labor Initiatives

  November 07, 2008

• Two Federal Appellate Courts Draw Different Conclusions on Effect of Salary Changes on Overtime Exemption

  November 07, 2008

• Democratic Victory Means Employers Should Prepare Now for New Pro-Union Legislation

  November 05, 2008

• DHS Releases Final No Match Letter Rules

  October 31, 2008

• Ending Affair with Supervisor Not Protected Activity under Title VII

  October 31, 2008

• IRS Addresses Medical Expense Status of Legal Fees, Mileage and Infant Formula

  October 31, 2008

• Right to intermittent FMLA Ends When Employee Falls under 1250 Hour Service Requirement

  October 31, 2008

• Employee Theft May Increase in Bad Economic Times

  October 24, 2008

• Failure to Advise Employee of Customer Visit Opportunities Can Be Continuing Violation under Title VII

  October 24, 2008

• IRS and Social Security Administration Announce 2009 Cost-of-Living Adjustments for Retirement Plans

  October 24, 2008

• Tenth Circuit Says Driving Not ADA Major Life Activity

  October 24, 2008

• USCIS Increases Period of Stay for TN Professional Workers from One Year to Three Years

  October 20, 2008

• Indefinite Leave Not Required Accommodation under ADA

  October 17, 2008

• Participant May Not Change QJSA Beneficiary after Retirement

  October 17, 2008

• Seventh Circuit Says HIV Not Automatically ADA Disability

  October 17, 2008

• USCIS Increases Period of Stay for TN Professional Workers from One Year to Three Years

  October 17, 2008

• Care for Granddaughter Covered under FMLA in Some Circumstances

  October 10, 2008

• DOL Finalizes Guidance on Retirement Plan Annuity Purchases

  October 10, 2008

• Employer Establishes Affirmative Defense to Sexual Harassment Claims

  October 10, 2008

• New ADA Amendments Change "Regarded As" Disabled Standard

  October 10, 2008

• Eighth Circuit Says Employee Fired for Refusing Substance Abuse Treatment Not "Regarded As" Disabled under ADA

  October 03, 2008

• Investment Market Turmoil: What Should Retirement Plan Fiduciaries Be Doing?

  October 03, 2008

• IRS Provides Guidance on Health FSA Distributions to Reservists

  October 03, 2008

• New ADA Amendments Reverse Four Supreme Court Cases

  October 03, 2008

• ADA Amendments Clear Congress; President Bush to Sign into Law

  September 19, 2008

• Assisting with Estate Planning

  September 19, 2008

• Employer Justified in Terminating Employee Abusing FMLA Leave

  September 19, 2008

• November 1, 2008: Be Ready to Detect and Respond to "Red Flags" of Identity Theft

  September 19, 2008

• Employer Must Pay Employee Wages and Expenses Involved in OSHA BPS Compliance

  September 12, 2008

• New DOT Driver Rules Require Observation of Certain Drug Specimens

  September 12, 2008

• DOL Issues Proposed Guidance on Retirement Plan Investment Advice Arrangements

  September 05, 2008

• DOL Modifies Fluctuating Workweek Rules

  September 05, 2008

• Employer Cannot Delay Reinstatement of Employee Returning from Military Leave

  September 05, 2008

• Union Pension Funds Not Entitled to Warn Notice

  September 05, 2008

• CMS Releases Mandatory Reporting Guidance on Website

  August 22, 2008

• FMLA Prohibits Retaliation against Employee Taking Leave

  August 22, 2008

• Fourth Circuit Defines Protected Whistleblowing Activity under SOX

  August 22, 2008

• IRS Updates and Expands Its Retirement Plans Correction Program

  August 22, 2008

• USERRA Claims Subject to Arbitration Agreement

  August 22, 2008

• House of Representatives Approves Paycheck Fairness Act, Veto Expected

  August 15, 2008

• Same-Sex Hostile Environment Claim Goes to Trial

  August 15, 2008

• Eleventh Circuit Revives Home Depot 401(k) Stock Drop Case but Requires Exhaustion of Administrative Remedies

  August 08, 2008

• Former Wal-Mart Cashier May Proceed to a Jury with Harassment Claim

  August 08, 2008

• Submitting Confidential Information to the EEOC

  August 08, 2008

• Ability to Engage in Sexual Relations Deemed Major Life Activity under Federal Disability Laws

  August 01, 2008

• EEOC Releases Interpretive Guidance on Religious Discrimination

  August 01, 2008

• Fourth Circuit Declines to Second Guess Employer's Sexual Harassment Investigation

  August 01, 2008

• Presenter on numerous Employment Law topics

  August 01, 2008

• DOL Proposes Regulations for Required Disclosures of Investments and Fees for Participant-Directed Retirement Plans

  July 25, 2008

• Employer Must Provide Reasonable Accommodation under ADA When Disability is Obvious

  July 25, 2008

• Minimum Wage Increases to $6.55

  July 25, 2008

• Seventh Circuit Says Termination after Absences for In Vitro Treatments Is Sex Discrimination

  July 25, 2008

• Explanation of Benefits (EOB) Was Insufficient as Claim Denial

  July 18, 2008

• First Circuit Says Yawning During Interview Not Age Animus

  July 18, 2008

• Fourth Circuit Holds Employer's Varied Explanations for Lower Bonus Not Automatic Evidence of Pretext

  July 18, 2008

• House Passes ADA Expansion

  July 18, 2008

• IRS Issues Proposed Regulations on HSA Comparability and Group Health Plan Excise Tax Reporting

  July 18, 2008

• Fourth Circuit Upholds NLRB's Reversal of Vote Rejecting Union

  July 11, 2008

• Many Federal Contractors Must Begin Using New VETS-100A Form

  July 11, 2008

• Ninth Circuit Says Employee Text Messages Sent on Company Account Cannot Be Disclosed to Employer

  July 11, 2008

• North Carolina Supreme Court Reverses Binney Decision on Employee Misconduct and Unemployment Benefits

  July 11, 2008

• Federal Courts Continue to Lower Bar for EEOC Filings

  June 27, 2008

• No Refund of FICA Taxes Paid on Forfeited Deferred Compensation

  June 27, 2008

• Providing Blackberries to Hourly Employees Can Result in Unexpected Overtime Claims

  June 27, 2008

• Supreme Court Denies Review of Fourth Circuit FMLA Release Case

  June 27, 2008

• Supreme Court Increases Employers' Burden for Defending Disparate Impact Age Discrimination Cases

  June 27, 2008

• Supreme Court Throws out State Law Prohibiting Grantees from Using Funds for Labor Matters

  June 27, 2008

• Supreme Court: Dual Role Administrator Who Decides and Pays Claims Has Conflict of Interest that Must Be Considered in Court Review

  June 27, 2008

• IRS Provides Additional Guidance on HSA Contributions

  June 20, 2008

• Maryland Adopts Paid Family Leave Law

  June 20, 2008

• North Carolina Wage and Hour Act Does Not Apply to Employees Living and Working in Other States

  June 20, 2008

• Federal Circuit Clarifies Severance Pay that is SUB Pay Exempt from FICA

  June 13, 2008

• IRS Provides Guidance on Making a Transfer from an IRA to HSA

  June 13, 2008

• South Carolina Adopts Illegal Immigration Reform Act

  June 13, 2008

• Employers with California Operations Should Heed Impact of Same-Sex Marriage Decision

  June 06, 2008

• Fifth Circuit Finds Fiduciaries' Prudence Presumption a "Substantial Shield"

  June 06, 2008

• Third Circuit Says PDA Prohibits Discharge of Employee Who Had Abortion

  June 06, 2008

• Georgia Adopts Weaker Version of Florida's Gun Rights Bill

  May 30, 2008

• GINA Also Increases Fines for Child Labor, Willful FLSA Violations

  May 30, 2008

• Supreme Court May Hear Case on Obtaining Monetary Damages as Equitable Relief for a Fiduciary Breach under ERISA

  May 30, 2008

• U.S. Supreme Court Says Section 1981 Includes Retaliation Claims

  May 30, 2008

• Fourth Circuit Says University Can Fire HR Employee for Criticizing New Pay Plan

  May 23, 2008

• Layoff of Entire Team Defeats Individual's Age Discrimination Claim

  May 23, 2008

• New Virginia Law Disqualifies Employers Who Hire or Employ Illegal Aliens

  May 23, 2008

• 2009 Cost-of-Living Adjustments Increase Limits for HSA contributions

  May 16, 2008

• EEOC Continues Enforcement Focus on Restaurant Industry

  May 16, 2008

• Terminating Parents at Same Time Child's Tumor Reoccurs Raises Questions over Employer's Motive for Action

  May 16, 2008

• Crude Radio Program Played in Workplace Contributes to Hostile Environment Based on Gender

  May 09, 2008

• Fourth Circuit Affirms ERISA Theft Convictions for Unpaid Employer Retirement Plan Contributions - Prison Sentences Upheld

  May 09, 2008

• GINA Passes Senate; President Bush to Sign into Law

  May 09, 2008

• DOL Updates Guidance on Qualified Default Investment Alternatives

  May 02, 2008

• Employer Can Set Reasonable Restrictions on Employee's Discrimination Complaints

  May 02, 2008

• Senate Passes Genetic Anti-Discrimination Act

  May 02, 2008

• Workplace Slights Not Retaliation under Title VII

  May 02, 2008

• Fifth Circuit Finds Possible Reverse Discrimination in Diversity Initiative

  April 25, 2008

• Tenth Circuit Establishes Standard for Willful FMLA Violation

  April 25, 2008

• Courts Expand Scope of Title VII by Recognizing Discrimination and Retaliation Claims Based on Association

  April 18, 2008

• Florida Enacts "Take Your Guns to Work Act"

  April 18, 2008

• New Jersey Adopts Paid Family Leave Law

  April 18, 2008

• Retirement Plan Sponsor Official Makes False Form 5500 Statement Resulting in Felony Conviction and Order to Pay Over $150,000

  April 18, 2008

• Fourth Circuit Says Wrongful Discharge Claim from Bank Officer Preempted by Federal Law

  April 11, 2008

• Recent Case Takes a Look at COBRA Notice Obligations

  April 11, 2008

• Disability Insurance "Endorsed" by Employer is Subject to ERISA

  April 04, 2008

• Fourth Circuit Says Retaliatory Termination Based upon Safety Rules Not Sarbanes-Oxley Violation

  April 04, 2008

• New FMLA Rules Change Medical Certification and Notification Rights and Duties

  March 28, 2008

• Veterans with Service-Connected Disabilities Entitled to Special Protections in the Workplace

  March 28, 2008

• IRS Announces Approval of Pre-Approved Defined Contribution Plans and Opening of Determination Letter Program

  March 21, 2008

• Proposed FMLA Rules Clarify Existing Standards for Leave Entitlement

  March 21, 2008

• Seventh Circuit Allows ADA Claim Based on Concerns over Cost of Spouse's Medical Treatment

  March 21, 2008

• EEOC Charges Jump Nine Percent in 2007

  March 14, 2008

• IRS Clarifies Roth Rollovers, Optional Annuities and Other Distribution Issues from Pension Protection Act of 2006

  March 14, 2008

• New FMLA Rules Tweak Employee Eligibility Requirements

  March 14, 2008

• DOL Proposes Seven-Day Safe Harbor for Employee Contributions to Benefit Plans

  March 07, 2008

• Employer Can Be Liable for Retaliation against Complaining Employee from Co-Worker

  March 07, 2008

• Proposed FMLA Rules Contain Important Technical Revisions

  March 07, 2008

• Supreme Court Recognizes Liberal Standard for EEOC Charge Filing under ADEA

  March 07, 2008

• Familial Status Not Protected Classification under Title VII

  February 29, 2008

• IRS Revenue Ruling Confirms and Extends 162(m) Ruling, with Transition Relief

  February 29, 2008

• Supreme Court Says Trial Judge Has Discretion to Allow "Me Too" Evidence in Discrimination Cases

  February 29, 2008

• Using 401(k) Funds to Purchase Long-Term Care Insurance is Prohibited

  February 29, 2008

• Fourth Circuit Says Partial Religious Accommodation Satisfied Employer's Title VII Obligations

  February 22, 2008

• Staring at Female Employee's Chest May Have Created Hostile and Offensive Working Environment

  February 22, 2008

• Supreme Court Says Plan Participants May Sue Fiduciaries for Losses in Individual Accounts

  February 22, 2008

• EBSA Releases Checklist to Assist with Wellness Program Nondiscrimination Compliance

  February 15, 2008

• Fourth Circuit Allows FLSA Retaliation Claim Based on Suit against Former Employee

  February 15, 2008

• Third Circuit Refuses Sanctions against Employee Caught Behaving Incompatibly with ADA Accommodation Request

  February 15, 2008

• New DOL Guidance on Responsibility for Collecting Delinquent Retirement Plan Contributions

  February 08, 2008

• North Carolina Court of Appeals Raises Threshold for Disqualifying Unemployment Benefits

  February 08, 2008

• Vacation/PTO Policy for Executives Should Differ from that for Other Employees

  February 08, 2008

• FMLA Amendments Take Effect

  February 01, 2008

• Fourth Circuit Releases Two New ADA Opinions

  February 01, 2008

• Immigration Alert

  February 01, 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

  February 01, 2008

• Nonprofit Organization's Directors Not Employees under ADEA

  January 25, 2008

• Seventh Circuit Says Paid Administrative Leave Is Not a Materially Adverse Employment Action under Title VII

  January 25, 2008

• Supreme Court Dismisses ADA Dispute; Accepts Review of Three Additional Employment Cases

  January 25, 2008

• Welfare Plan May Not be Retroactively Amended to Deprive Beneficiary of Vested Benefit

  January 25, 2008

• $110,000 Judgment against Employer Who Failed to Monitor and Control Retirement Plan Service Provider

  January 18, 2008

• Absences Due to Substance Abuse before Rehab Begins Not Protected under FMLA

  January 18, 2008

• First Circuit Says Harassment Based on Failed Romance Can Violate Title VII

  January 18, 2008

• Immigration Alert

  January 15, 2008

• DOT Proposes New Training Requirements for CDL Drivers

  January 11, 2008

• Fourth Circuit Says Sexual Harassment Claim Should Reach Jury

  January 11, 2008

• IRS Proposes Regulations on Diversification Requirements for Retirement Plans with Publicly-Traded Employer Stock

  January 11, 2008

• Small Claim Insurance Adjusters Exempt from Overtime Requirements

  January 11, 2008

• Fifth Amendment Does Not Prevent Execution of OSHA Administrative Warrant

  January 04, 2008

• Final EEOC Rule Allows Employers to Cut Retiree Health Benefits At Age 65

  January 04, 2008

• Supreme Court to Review ADA Reassignment Case

  January 04, 2008

• DOL Issues Proposed Regulations and Class Exemption Relating to Benefit Plan Service Provider Disclosures under ERISA

  December 21, 2007

• Fifth Circuit Decision Shows FMLA Notice Rules Still Have Teeth

  December 21, 2007

• New Defense Bill Expands FMLA Rights

  December 21, 2007

• Public School System Can Terminate Teacher for Behavior Motivated by Religious Beliefs

  December 21, 2007

• Fourth Circuit Says Employee Walkout over Supervisor's Termination Not Concerted Activity

  December 14, 2007

• IRS Publishes 2007 Cumulative List of Plan Qualification Requirements for Cycle C Plans

  December 14, 2007

• Should Employers Limit Use of Instant Messaging?

  December 14, 2007

• Code Section 409A: Correction Relief for Noncompliant Deferred Compensation

  December 07, 2007

• New OSHA Rule Clarifies Employers' Obligation to Pay for Protective Equipment

  December 07, 2007

• South Carolina Supreme Court Defines Standard for Intentional Infliction of Emotional Distress in Employment Claims

  December 07, 2007

• Best Practices in State Tax Litigation

  November 30, 2007

• Developments in South Carolina Sales Tax and State Tax Issues in South Carolina

  November 30, 2007

• Duties and Functions of County Officials in South Carolina Property Taxation and Application of the Revenue Procedures Act Before the South Carolina Department of Revenue

  November 30, 2007

• South Carolina Income Tax and Economic Tax Incentives, Recent Tax Developments in South Carolina

  November 30, 2007

• Employers Must Begin Using New I-9 Form by December 26

  November 28, 2007

• Fundamentals of Federal Taxation of Partnerships, Corporations and Estates

  November 16, 2007

• North Carolina Court of Appeals Calls for Clarity on Whether Retirement Contributions Are Included in Calculating Workers' Compensation Benefits

  November 16, 2007

• Prior Religious Accommodation May No Longer Be Reasonable

  November 16, 2007

• Fourth Circuit Concludes Employer Not Obligated to Provide Work During 60-Day WARN Notice Period

  November 09, 2007

• IRS Extends Waiver of Reporting 409A Deferrals for 2007, But Amounts Subject to 409A Taxation Still Reportable and Subject to Withholding

  November 09, 2007

• North Carolina Business Court Says Employee Non-Compete Cannot Be Assigned through Asset Sale

  November 09, 2007

• USCIS Revises Employment Eligibility Verification Form I-9

  November 09, 2007

• 2008 Cost-of-Living Adjustments Increase Limits for Adoption Assistance, Transportation Benefits and More

  November 02, 2007

• DOT to Sideline Drivers for Lack of English Proficiency

  November 02, 2007

• FMLA Leave Does Not Extend to Care for a Grandchild

  November 02, 2007

• Intangibles and the Creation of Nexus for Income Tax Purposes

  October 26, 2007

• Nexus and Jurisdiction for Taxation Of Delaware Holding Companies

  October 26, 2007

• Pornography Left in Workplace Did Not Create Hostile Work Environment

  October 26, 2007

• Taxes and the Bottom Line: New Tax Appeal Process

  October 26, 2007

• 42 USC § 1983 in State Court Tax Disputes

  October 19, 2007

• Collecting Taxes Under An Automatic Stay Due To Bankruptcy

  October 19, 2007

• Administrative Procedures Before the South Carolina Department of Revenue

  October 12, 2007

• Litigating Before the ALJD

  October 12, 2007

• Remedies and Procedures for Suits Against State Officials

  October 12, 2007

• That Was the Year That Was – Review of Changes in Administrative Law

  October 12, 2007

• Bridge the Gap on Administrative Law

  October 05, 2007

• Diversity Lottery Alert

  October 05, 2007

• Moot Court Presentation on Taxation of Intangibles and Geoffrey v. South Carolina: Is the Camel’s Nose Under the Tent?

  October 05, 2007

• Tax Practice Under the Revenue Procedures Act

  October 05, 2007

• Employer Can Count Holidays toward Intermittent FMLA Entitlement

  September 28, 2007

• Mortgage Lender Bankruptcy Highlights Risk of Losing Nonqualified Plan Benefits

  September 28, 2007

• Supreme Court to Decide Whether Race Retaliation Claim Can Be Brought under Section 1981

  September 28, 2007

• L.A. Weight Loss Faces Usual Reverse Gender Discrimination Claims Action Suit

  September 21, 2007

• Warn Notice Threshold for Construction Workers Based on Worksite, Not Headquarters

  September 21, 2007

• Creditor Not Responsible for Providing WARN Notice

  September 07, 2007

• Federal Judge Stays No-Match Rules and Issuance of New Letters

  September 07, 2007

• IRS Proposes Regulations to Clarify Health Insurance Premiums Paid from Qualified Plans Are Taxable Distributions

  September 07, 2007

• Favoritism Does Not Always Equate To Sex Discrimination

  August 31, 2007

• Fifth Circuit: SPD Controls over Plan Terms No Reliance on SPD Required

  August 31, 2007

• National Origin Harassment Claims Can Be Based On Mistaken Identification

  August 31, 2007

• IRS Issues Final Regulations on Dependent Care Expenses

  August 24, 2007

• Lower Pay for Light Duty Work Does Not Violate FMLA

  August 24, 2007

• Paid Leave May be Adverse Employment Action under Title VII

  August 24, 2007

• Unanswered Questions Linger over New Immigration Rules

  August 24, 2007

• DOL Final Rule on Penalties for Not Providing Employer Stock Diversification Notice

  August 17, 2007

• North Carolina Court of Appeals Rejects Slander Claim Based on Disputed Drug Test Results

  August 17, 2007

• Quasi-Religious Practices Can Form Basis for Discrimination Claim

  August 17, 2007

• California Finalizes Sexual Harassment Training Rules

  August 10, 2007

• IRS Proposes Comprehensive Cafeteria Plan Regulations

  August 10, 2007

• Federal Court Throws out DOT Driver Hours of Service Rules

  August 03, 2007

• Fourth Circuit Rejects Use of Combination Exemption in FLSA Overtime Suit Without Guaranteed Salary

  August 03, 2007

• Apportionment: Render to the States Only What is Theirs

  July 27, 2007

• Hot Topics in State Taxation

  July 27, 2007

• Punctuality May Not Be Essential Job Function

  July 27, 2007

• Technical Writers Exempt From Overtime Requirements

  July 27, 2007

• EEOC Amends Regulations under ADEA

  July 20, 2007

• Failure to Engage in Interactive Process a Violation of the ADA

  July 20, 2007

• Federalism in the State Tax System

  July 20, 2007

• Fourth Circuit Panel Affirms Unenforceability of Private FMLA Releases

  July 13, 2007

• New Minimum Wage Poster Availability

  July 13, 2007

• Sexist Comments Can Form Sufficient Basis for Sexual Harassment Claim

  July 13, 2007

• DOL Acknowledges Problems with FMLA, But Backs Away from New Rules

  July 06, 2007

• Fourth Circuit Says Pre-Work Security Checks Not Compensable Working Time under ADA

  July 06, 2007

• Otherwise Tax-Free Welfare Benefits Are Taxable If Retiree Can Choose Cash Instead

  July 06, 2007

• 20% Plan Participant Turnover is Presumed Partial Termination Requiring Full Vesting

  June 29, 2007

• Eighth Circuit Allows use of Mixed Motive Theory in USERRA Case

  June 29, 2007

• Supreme Court Says States May Require Affirmative Employee Authorization for Use of Public Sector Employees' Fees for Certain Union Uses

  June 29, 2007

• Federal OSHA Decision May Limit Multi-Employer Worksite Citations

  June 22, 2007

• No Need to Consider Merger Alternative when Terminating Defined Benefit Plan

  June 22, 2007

• Supreme Court Upholds FLSA Exemption for Companionship Services

  June 22, 2007

• Eighth Circuit Says Disabled Person Not Entitled to Preferential Treatment for Vacant Job under ADA

  June 15, 2007

• IRS Releases Guidance on Health Savings Accounts

  June 15, 2007

• Refusal to Adhere to Supervisor's Religious Beliefs Actionable Claim under Title VII

  June 15, 2007

• Third Circuit Affirms Employers' Ability to Alter Benefits for Medicare-Eligible Retirees

  June 15, 2007

• Ability to Rotate Shifts is Essential Job Function under ADA

  June 08, 2007

• EmployNews Unveils New Format

  June 08, 2007

• Wal-Mart Justified in Terminating Pharmacist Who Would Not Deal With Customers' Birth Control Questions

  June 08, 2007

• When the Landlord or Tenant Files Bankruptcy

  June 08, 2007

• Fourth Circuit Says Changes to Date and Reason for Termination Not Evidence of Pretext for Discrimination

  June 01, 2007

• Minimum Wage to Rise to $7.25

  June 01, 2007

• North Carolina Bar Leadership Institute

  June 01, 2007

• Supreme Court Rejects Title VII Claim Based on Current Impact on Pay of Old Discriminatory Acts

  June 01, 2007

• Early Retirement Program Not Evidence of Age Discrimination

  May 25, 2007

• OSHA Issues Proposed Changes to Personal Protective Equipment Standard

  May 25, 2007

• Recent Case Addresses Full-time Student Group Health Plan Eligibility

  May 25, 2007

• Employee's Failure to Provide Medical Details Insufficient Notice to Trigger FMLA Rights

  May 18, 2007

• Update: HIPAA Privacy Compliance and Enforcement Website

  May 18, 2007

• Willful OSHA Citations Cannot Be Grouped for Penalty Reduction Purposes

  May 18, 2007

• Additional Paid but Unworked Hours Do Not Count Toward FMLA Eligibility Threshold

  May 11, 2007

• Fourth Circuit Case Addresses Statute of Limitations in ERISA Suit

  May 11, 2007

• Telecommuting Can Be Reasonable Accommodation under ADA

  May 11, 2007

• Alleged Denial of Training and Mentoring Not Retaliation under Title VII

  May 04, 2007

• FCN Treaty Does Not Preempt State Employment Claims

  May 04, 2007

• IRS Advisory Committee: Focus on Increasing Governmental Plan Compliance

  May 04, 2007

• DOL Issues Proposed Changes to Child Labor Rules

  April 27, 2007

• Final Section 409A Regulations: Highlights and Action Plan for Compliance

  April 27, 2007

• Handbook Confidentiality Policies May Need to Be Amended

  April 27, 2007

• Sick Building Syndrome Qualifies Employee for LTD Benefits

  April 27, 2007

• Employee's Refusal to Release Medical Records Justified Failure to Provide Accommodations under ADA

  April 20, 2007

• OSHA Issues Proposed Revisions to Explosives Standard

  April 20, 2007

• 2008 H-1B Visa Limit Already Reached

  April 13, 2007

• Full Fourth Circuit Allows UNC Soccer Sexual Harassment Case to Go to Jury

  April 13, 2007

• IRS Finalizes Rules Limiting Benefits Under Qualified Plans

  April 13, 2007

• IRS Issues Final Section 409A Regulations for Nonqualified Deferred Compensation

  April 13, 2007

• Employer's Failure to Cover Contraceptive Costs under Medical Plan Not Pregnancy Discrimination

  April 06, 2007

• Exclusion of Old Maternity Leave from Service Does Not Violate Title VII or PDA

  April 06, 2007

• Small Plans HIPAA Privacy Reminder Due by April 14, 2007

  April 06, 2007

• CMS Updates Guidance on Medicare Part D Disclosure

  March 30, 2007

• Federal OSHA Notifies Employers with High Injury and Illness Rates

  March 30, 2007

• Genetic Discrimination Bill May Soon Become Law

  March 30, 2007

• Automobile Repair Business May Pay Collision Mechanics on Commission Basis under FLSA

  March 23, 2007

• Delay in Closing Subjects Asset Seller to WARN Act Requirements

  March 23, 2007

• Fourth Circuit Says Unsuccessful Effort to Replace Laid Off Female Employee with Male Sufficient Evidence of Sex Discrimination

  March 16, 2007

• OSHA Updates Safety Standards for Electrical Installations

  March 16, 2007

• Tenth Circuit Affirms Summary Judgment for Employer in Work Authorization Case

  March 16, 2007

• 401(k) Compliance Guidance is Now Available Online

  March 09, 2007

• Lockheed Martin Settles EEOC Age Discrimination Retaliation Suit

  March 09, 2007

• OSHA Issues New Poster

  March 09, 2007

• When Employee Receives STD Benefits from Insured Plan, Employer Cannot Require Use of Paid Vacation Time under FMLA

  March 09, 2007

• 403(b) Compliance Guidance is Now Available Online

  March 02, 2007

• Consultant's Criticism of Employee's Work Not Interference with Contract

  March 02, 2007

• EEOC Involvement in Private Suit Does Not Preclude Later Agency Action

  February 23, 2007

• Eighth Circuit Reverses Summary Judgment for Wal-Mart on Refusal to Hire Greeter/Cashier with Cerebral Palsy

  February 23, 2007

• NC Employee Injured During Company Recreational Event Not Entitled to Workers Compensation Benefits

  February 16, 2007

• DOL Issues Guidance on Eligible Investment Advice Arrangements under PPA

  February 09, 2007

• EEOC Charges Up in 2006

  February 09, 2007

• Same-Sex Partner Not Employee in Family Business According to Fourth Circuit

  February 09, 2007

• Divided Fourth Circuit Panel Decides that Maryland "Fair Share" Law Preempted by ERISA

  February 02, 2007

• H-1B Visa Application Acceptance Window Opens April 1

  February 02, 2007

• Qualifications Not in Job Description Legitimate Grounds for Hiring Decision

  February 02, 2007

• Fourth Circuit Concludes Disciplinary Actions Not Race Discrimination Absent Specific Proof of Disparate Treatment

  January 26, 2007

• North Carolina Minimum Wage Increase Also Affects Tipped Employees

  January 26, 2007

• Shareholder-Directors of Close Corporation Can Be Employees under Title VII

  January 26, 2007

• Eleventh Circuit Says Written Reprimand Is Not Adverse Employment Action Under title VII

  January 19, 2007

• Fourth Circuit Says Return to Less Prestigious and Visible Position Not FMLA Violation

  January 19, 2007

• IRS Issues Guidance on Pension Protection Act Changes to Distribution Rules

  January 12, 2007

• NC Court of Appeals Reverses Invalidation of Geographically Broad Non-Compete Covenant

  January 12, 2007

• Supreme Court Accepts Two New Employment Cases for Review

  January 12, 2007

• Leave Donation Program May Have Violated ADEA

  January 05, 2007

• Minimal Notice of Medical Problems Sufficient Request for FMLA Leave

  January 05, 2007

• Clarification of Need for Employment Authorization Documents for Spouses of E and L Nonimmigrants

  October 10, 2006

• Electronic Signature and Storage of Form I-9 Now Allowed, Offers Improvements to Employment Eligibility Verification

  October 10, 2006

• Premium Processing Service Now Available for Certain I-140 Immigrant Petitions

  October 10, 2006

• State Dept. to End Visa Revalidations

  June 16, 2004

• South Carolina Enacts "At-Will"/Handbook Statute 2. Changes to FLSA Overtime Regulations

  May 18, 2004

• Federal Appeals Court Says Time Spent Booting Up Computer is Compensable Working Time

• Meatpacker Agrees to Adopt Infectious Disease Program to Settle OSHA Citations

• OFCCP Announces Intent to Use Predetermination Notices Before Citing Federal Contractors

• OSHA Announces Enforcement Program for Fall Hazards