Last week, the U.S. Department of Labor and Federal Trade Commission announced that they have entered into a memorandum of understanding for the purpose of sharing information and coordinating enforcement efforts. The...more
When we review an employer’s overtime exemption classifications for various jobs, we frequently raise questions over whether employees qualify as exempt administrative workers under the Fair Labor Standards Act. Many...more
The North Carolina Retaliatory Employment Discrimination Act (REDA) prohibits employers from terminating or taking other adverse action against employees who complain about violation of rights protected under certain state...more
The Americans with Disabilities Act does not require employers to ignore or excuse serious violations of their rules of conduct. For example, an employee who brings a weapon to work in violation of the employer’s policy...more
9/1/2023
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Disciplinary Proceedings ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
PTSD ,
Retaliation ,
Termination ,
Wrongful Termination
We often hear claims from employees who threaten to sue their employer for creating a “hostile work environment.” When we dig into the complaints, often the employee is alleging that their manager is mean or unfair to them,...more
8/25/2023
/ Appeals ,
Burden of Proof ,
Corporate Counsel ,
Dismissals ,
Employer Liability Issues ,
Employment Litigation ,
Gender Discrimination ,
Harassment ,
Hostile Environment ,
Race Discrimination ,
Title VII
For decades, the Department of Labor (DOL) has recognized the impracticability of requiring Fair Labor Standards Act (FLSA) nonexempt employees to clock in exactly at the beginning of their scheduled shifts. In most...more
8/18/2023
/ Affirmative Defenses ,
Class Action ,
De Minimis Claims ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Non-Exempt Employees ,
Rounding ,
Timekeeping ,
Underpayment ,
Unpaid Wages ,
Wage and Hour
The U.S. Supreme Court recently held that the First Amendment’s guarantee of free speech protects a business from antidiscrimination laws when that company acts in accordance with its owner’s professed beliefs. ...more
In recent years, persons or groups unhappy about a new federal law or regulation have chosen to file suit in a selected federal district court, often in Texas, seeking a nationwide injunction to prohibit the new measure from...more
7/21/2023
/ Administrative Procedure Act ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Hospitality Industry ,
Minimum Wage ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
When we discuss disciplinary options with employers following confirmation of harassment complaints, we consider the potential risks involved with retaining the employee who was the subject of the complaints. These risks...more
In the wake of the Supreme Court’s Students for Fair Admissions college and university affirmative action decision last month, some employers are questioning the continuing legality of their Diversity, Equity, and Inclusion...more
7/20/2023
/ Affirmative Action ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
EEO ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Hiring & Firing ,
Protected Class ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina
The Americans with Disabilities Act requires employers to provide reasonable accommodations that allow a qualified disabled person to perform the essential functions of their job. The question of what constitutes a reasonable...more
Last week, the California Supreme Court responded to a request from the Ninth Circuit Court of Appeals to clarify whether an employer can be sued for negligence based on an employee who contracts COVID-19 at work and later...more
With summer in full swing, employers should remain aware of employee safety risks associated with heat stress. The federal Occupational Safety and Health Administration continues work on a heat exposure safety standard after...more
Last week, the U.S. Supreme Court’s decision in Groff v. DeJoy upended long-held assumptions over the legal standard used to review employers’ responses to employees’ requests for religious accommodations under Title VII....more
7/10/2023
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Groff v DeJoy ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship ,
USPS
On June 29, the U.S. Supreme Court unanimously clarified the legal test used by courts to determine whether an employer has complied with its obligation under Title VII to respond to an employee’s request for a workplace...more
When defining what conduct constitutes a hostile and offensive working environment under Title VII, the U.S. Supreme Court directs lower courts to look at the context of the behavior in the specific workplace at issue....more
Given the wide availability of quality headphones, you may wonder why employers would still allow employees to play music at work that could annoy co-workers. A recent decision from the Ninth Circuit Court of Appeals reminds...more
On Tuesday, the National Labor Relations Board (NLRB) overturned a Trump-era precedent, changing the test used to determine whether workers seeking protection under federal labor laws are employees or independent contractors....more
In the wake of the Federal Trade Commission’s recent proposal to void noncompetition agreements between employers and employees, another federal agency has joined the push to restrict the use of restrictive covenants in...more
On Tuesday, the U.S. Supreme Court heard arguments in Groff v. DeJoy, a case widely expected to reset the standard courts apply to employers’ obligation to provide religious accommodations to employees under Title VII. The...more
Employers may believe they are aware of potential areas of concern for discrimination or harassment among different groups of employees. Their concerns often focus on race discrimination claims or national origin claims from...more
4/21/2023
/ Bias ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Harassment ,
Human Resources Professionals ,
National Origin Discrimination ,
Racial Bias ,
Retaliation ,
Title VI ,
Title VII
Workers’ Compensation law is a double-edged sword. While employers cannot avoid Comp liability based on the employee’s negligent behavior, the injured employee cannot sue the employer outside of the Comp system for damages...more
The federal Worker Adjustment and Retraining Notification Act (WARN) requires employers to provide 60 days’ advance notice to employees of qualifying mass layoffs or plant closures. WARN regulations require that the notice...more
When we are asked by a client to review their form employee non-competition agreement, we often see companies using documents found on the internet that were clearly written for use in states other than North Carolina. Last...more
Last year, the Equal Employment Opportunity Commission (EEOC) expressed its concern that the growing use of artificial intelligence (AI) in recruiting software could unintentionally discriminate against persons in a protected...more