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Transgender Issues in the Workplace

Since 2012, the U.S. Equal Employment Opportunity Commission (EEOC) has taken the position that transgender individuals are protected from discrimination under Title VII of the Civil Rights Act of 1964 (Title VII). The EEOC...more

EEOC Issues Guidance - Best Practices for Pregnancy Discrimination and Related Issues

Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII. The EEOC recently issued new Enforcement Guidance to ensure employers treat women...more

Wondering what the Department of Labor will be doing this year? Here's what the agency says:

According to the U.S. Department of Labor (DOL), it plans to increase its emphasis on audits and prosecutions of minimum wage and overtime violations, to increase its scrutiny of independent contractor classifications, and to...more

EEOC Files Contempt Action Against Employer for Alleged Breach of Settlement Agreement

On December 3, 2014, the U.S. Equal Employment Opportunity Commission (EEOC) issued a press release announcing that it has filed a contempt action in Federal court against a Charlotte-based employer. In that action, the EEOC...more

Publix to Pay $6.8 Million for Alleged FCRA Violations

Publix Super Markets Inc. has agreed to pay $6.8 million to settle a class-action lawsuit over the supermarket chain’s background check procedures. Under the Fair Credit Reporting Act (FCRA), employers must provide prior...more

I-9 Forms, Deferred Action for Childhood Arrivals, EB-5 Visas, and Reform Q&A - This month in Immigration

I-9 Audits - A fine for a couple of I-9 violations pales in comparison to the $34 million settlement paid by Infosys in 2012 for repeated I-9 violations and omissions discovered by Immigration and Customs Enforcement...more

Employers Should Assess Background Checking Procedures to Avoid Running Afoul of the Fair Credit Reporting Act

There has been a recent uptick in class action litigation initiated by job applicants claiming that employers violated the Fair Credit Reporting Act (the FCRA) in the manner they procured and used consumer reports about the...more

NLRB Reconsiders Employee Use of E-mail Systems

Under current law, employees have no statutory right to use their employer-provided email for Section 7 purposes. However, on April 30, 2014, the National Labor Relations Board (NLRB or the Board) released a Notice and...more

California Court Issues Important Decisions Regarding Fitness for Duty Evaluations Following FMLA Leave

In the case of White v. County of Los Angeles, the California Court of Appeals recently considered whether an employer may seek its own medical evaluation of an employee’s fitness for duty, even when the employee’s treating...more

Retirement Plan Fee Litigation Finds Its Way to North Carolina

Over the last few years, we have seen a significant increase in litigation involving the fees paid by retirement plans. However, until recently, no major litigation had occurred in North Carolina. On March 12, 2014, one of...more

Independent Contractor Misclassification Bill Introduced in Senate

On November 12, 2013, Senator Bob Casey introduced a bill in the U.S. Senate entitled the “Payroll Fraud Prevention Act of 2013.” The act is aimed at reducing the misclassification of employees as independent contractors....more

EEOC Settlement Reminds Employers of Responsibility to Protect Employees from Harassment by Third Parties

A Virginia healthcare company, Southwest Virginia Community Health System, recently agreed to pay $30,000 to settle a sexual harassment suit brought against it by the Equal Employment Opportunity Commission (EEOC). The EEOC...more

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