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
Earlier this month, the Equal Employment Opportunity Commission announced settlement of a disability discrimination lawsuit brought by the agency against a Florida fast-food restaurant franchisee. The lawsuit alleged that the...more
It may seem obvious that for personal protective equipment to work, it must be properly fitted for the individual wearing it. However, last week the federal Occupational Safety and Health Administration issued a notice of...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
In addition to releasing several major decisions, the end of the U.S. Supreme Court’s annual term included the justices agreeing to hear the appeal of a case with important implications for employers. The case involves the...more
For many employers, mandatory arbitration agreements have become a popular alternative to judges and juries hearing employment disputes. These employers view arbitration as a more predictable alternative than jury pools found...more
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
The U.S. Supreme Court’s Bostock v. Clayton County decision recognized discrimination on the basis of sexual orientation and gender identity as forms of sex discrimination, essentially incorporating such claims into Title...more
6/23/2023
/ Bostock v Clayton County Georgia ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
LGBTQ ,
Petition for Writ of Certiorari ,
Protected Class ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII
In December, Congress passed the Pregnant Workers Fairness Act (PWFA). The new law takes effect Tuesday, June 27, and it applies to employers with 15 or more employees. ...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 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
Last month, New York City Mayor Eric Adams signed a new ordinance that adds weight and height to the city’s antidiscrimination prohibitions. The new measure means that employers in New York can be sued for discrimination...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
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
Following a 2020 fire that resulted in several employee fatalities, the North Carolina Occupational Safety and Health Administration (NCOSHA) issued a series of citations and penalties to the employer involved in that...more
The Federal Trade Commission (FTC) recently reported that it had received over 25,000 comments on its proposal to ban employment noncompetition agreements. Most of the discussion over the proposal involves traditional...more
5/12/2023
/ Bonuses ,
Clawbacks ,
Employee Relocations ,
Employee Training ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Non-Compete Agreements ,
Proposed Rules ,
Public Comment ,
Reimbursements ,
Restrictive Covenants
Last week, the National Labor Relations Board’s (NLRB) game of legal tennis continued when it reversed another Trump-era decision involving when employers can take disciplinary action against employees who lose their cool...more