Last week, the Second Circuit Court of Appeals backed the National Labor Relations Board’s position that employee social media postings are protected concerted activity under federal law, even if they use obscenities that...more
Earlier this month, in a rare en banc decision, the full Eighth Circuit Court of Appeals held eight to four that the federal Occupational Safety and Health Administration exceeded its authority by interpreting a safety...more
In North Carolina, an initial offer of employment serves as adequate legal consideration to support non-competition and non-solicitation restrictive covenants. However, once a person is already employed, the employer must pay...more
In recent years, more Americans have begun identifying themselves as biracial or of mixed racial heritage. This shift has resulted in changes to census and other forms where people are asked to self-identify by race. In...more
As with most states, South Carolina recognizes an exception to its general employment at-will doctrine. Employers may terminate employees with or without cause, but not for any reason that violates the state’s public policy....more
10/5/2015
/ Appeals ,
At-Will Employment ,
Breach of Contract ,
Dismissals ,
Employer Liability Issues ,
Employment Contract ,
Public Employees ,
Public Employers ,
SC Supreme Court ,
Severance Pay ,
Wrongful Termination
Employers that receive requests for accommodation made by a disabled employee must remain careful about making significant changes to that employee’s terms and conditions of employment prior to concluding review and...more
Earlier this year in its Abercrombie decision, the U.S. Supreme Court stated that an employee suing for religious discrimination did not have to demonstrate actual knowledge of an employee’s religious practices to trigger...more
In some situations, employees taking Family and Medical Leave were on shaky grounds with regard to their continuing employment prior to the absence. The employer then moves to terminate the employee either while he remains on...more
Time and time again, human resource professionals get blank stares when they ask managers for documentation supporting their strong desire to get rid of an employee they consider to be a poor performer. Not having prepared...more
Restaurants and some other hospitality industry employers often take advantage of a sub-minimum wage applicable to employees who receive tips as part of their income. In recent years, a number of these employers have been the...more
Like most federal labor laws, Title VII of the Civil Rights Act of 1964 prohibits employers from retaliating against employees who oppose unlawful employment practices. However, a number of federal courts have adopted a...more
The Americans with Disabilities Act requires employers to engage in an interactive process to determine if a qualified individual with a disability can perform the essential functions of the job through provision of...more
Most employers using temporary workers from an employment agency assume that they are liable as employers for certain legal claims. While a reasonable assumption, until last week, this status had never been formally...more
8/3/2015
/ Appeals ,
Control Test ,
Economic Realities Test ,
Employer Liability Issues ,
Hiring & Firing ,
Joint Employers ,
Multi-Factor Test ,
Remand ,
Sexual Harassment ,
Staffing Agencies ,
Supervisors ,
Temporary Employees ,
Title VII
Employers routinely use Performance Improvement Plans (PIPs) to notify employees of job performance issues. If an employee believes that they have unfairly been placed under a PIP, can this form the basis for an employment...more
Employers are well aware of their potential liability for workplace harassment claims involving co-workers or third parties. They also understand their heightened legal responsibility when the alleged harasser is the...more
Employers involved in recent years in legal disputes with the federal government have noticed an increasingly aggressive litigation posture taken by federal agencies. The government makes extraordinary settlement demands, or...more
Employers and employees often face frustrations when trying to determine the identity of persons who engage in anonymous acts of harassment in the workplace. These acts can involve notes, graffiti, telephone messages or other...more
Title VII and related federal civil rights laws prohibit employers from retaliating against an employee who files a claim, participates in an investigation or opposes conduct prohibited under anti-discrimination laws....more
For years, the Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) set a high bar for plaintiffs suing for workplace harassment. The court rejected multiple claims involving obnoxious and crude...more
Last week, the Seventh Circuit Court of Appeals affirmed a willful OSHA citation against an employer that delayed calling for emergency services for 90 minutes after an employee became trapped in a permit-required confined...more
Last year, a panel of the Sixth Circuit Court of Appeals held 2-1 that the Americans with Disabilities Act required Ford Motor Company to allow a buyer with irritable bowel syndrome (IBS) to possibly telecommute up to four...more
Motor freight brokers hold federal licenses that allow them to locate suitable transportation services for their shipper clients. Brokers never actually handle or transport the freight, but act as an intermediary to pair...more
The Americans with Disabilities Act requires employers to provide reasonable accommodations that allow a disabled employee to perform the essential functions of the job. However, not all accommodation requests are reasonable....more
Last year, the Department of Labor’s Office of Federal Contract Compliance Programs issued final regulations requiring that federal contractors subject to Section 503 of the Rehabilitation Act adopt new measures intended to...more
In order to sue under Title VII, plaintiffs must first file an administrative charge of discrimination against their employer with the Equal Employment Opportunity Commission. In many cases, the charge misnames the actual...more