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
In 2008, Congress amended the Americans with Disabilities Act (ADA) to expand the definition of protected medical conditions under the statute. The amendments were in part a response to a series of cases where federal courts...more
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 Family and Medical Leave Act (FMLA) provides covered employees with up to 12 weeks of job-protected leave, if they or a close family member have certain medical conditions. Last week, the Third Circuit Court of Appeals...more
Employers that fail to pay required minimum wage or overtime under the Fair Labor Standards Act are liable for the amount of missed wages: doubled, plus attorneys fees, costs, and interest. The court can award such damages...more
The Family and Medical Leave Act prohibits employers from interfering with or retaliating against an employee who requests FMLA leave. Last week, the Fourth Circuit Court of Appeals (which includes North Carolina, South...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
In recent years, the use of service dogs and other animals has expanded from assisting persons with visual impairments to others with chronic diseases or psychological disabilities. The Americans with Disabilities Act...more
In order to seek enforcement of a noncompetition agreement in North Carolina, the plaintiff must show that it is protecting a legitimate business interest. What happens when the company seeking to enforce the agreement has...more
Over the past decade, federal courts have repeatedly reviewed religious-affiliated employers' ability to avoid federal discrimination claims. Courts recognize a "ministerial exception" that prevents discrimination claims by...more
As a result of the COVID-19 pandemic, many companies now employ persons who work remotely from all parts of the U.S. and beyond. Among other legal issues raised by remote workforces is whether those employees can sue their...more
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
When a social media platform bans a celebrity or politician due to violation of its rules and standards, we frequently hear that individual complain that the action violates their First Amendment rights to free speech. Every...more
3/17/2023
/ Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Employment Litigation ,
Employment Policies ,
Federal Contractors ,
First Amendment ,
Private Sector ,
Public Employers ,
Religious Accommodation ,
Religious Exemption ,
Vaccinations
Section 662(d) of the Occupational Safety and Health Act (OSH Act) allows employees to file suit against employers seeking compliance with the Occupational Safety and Health Administration’s (OSHA) safety standards in urgent...more
In recent years, an increasing number of lawsuits filed under the Americans with Disabilities Act (ADA) have focused on the employer’s obligation to participate in an interactive process to determine whether there are...more
When determining whether an employee qualifies for a minimum wage and overtime exemption under the Fair Labor Standards Act, employers often quickly rule out most of the available exemptions. For example, the executive...more
Employee medical leave issues involving rights under the Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA) present some of the most complex and dangerous legal situations for employees. Employers...more
Long-time EmployNews readers know that we have repeatedly written about the changing legal standard for racial harassment claims adopted by the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina,...more
Intermittent medical leave requests under the Family and Medical Leave Act (FMLA) present some of the most vexing legal and business challenges for employers. The unpredictability of these absences can create scheduling and...more
When an employer presents a separation agreement and release to an employee out of work for medical reasons, questions sometimes arise regarding that person’s ability to understand and competently execute the document. If an...more
Last month, the U.S. Supreme Court heard oral arguments in a case that may determine whether employers can claim the overtime exemption under the Fair Labor Standards Act (FLSA) for highly compensated workers who are not paid...more
11/18/2022
/ Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Helix Energy Solutions Group Inc v Hewitt No 21-984 ,
Highly Compensated Employees ,
Oral Argument ,
Over-Time ,
SCOTUS ,
Wage and Hour ,
White-Collar Exemptions