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
In 2021, the U.S. Department of Labor’s Wage and Hour Division issued new regulations dealing with the Fair Labor Standards Act’s tip credit. The tip credit allows employers to pay a $2.13 hourly minimum wage to tipped...more
5/5/2023
/ Appeals ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Hospitality Industry ,
Injunctive Relief ,
Restaurant Industry ,
Reversal ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
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
With the end of the federal pandemic emergency declaration next month, employers may have thought that the legal wars over COVID-19 vaccination mandates may end as well. However, the Biden administration and anti-vaccination...more
2023 has already seen a number of major developments for employers in the areas of noncompetition agreements, terms of settlements and separations with employees, and more. Additionally, the U.S. Supreme Court is set to rule...more
4/26/2023
/ Confidentiality Agreements ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
NLRB ,
Non-Compete Agreements ,
Non-Disparagement Provisions ,
Religious Accommodation ,
Separation Agreement ,
Severance Agreements ,
Webinars
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
Some restaurants in Atlanta, Charlotte, and other cities have begun adding a service charge to diners’ bills. The trend has grown enough in the District of Columbia, for example, that its attorney general recently warned...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
Those of us who deal with the Occupational Safety and Health Administration (OSHA) have watched with interest the agency’s ongoing enforcement efforts against the Dollar General retail chain. Since 2017, OSHA has assessed...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
As more employers conduct diversity, equity, and inclusion training, they increasingly face resistance from employees who claim that mandatory attendance at such training violates their religious beliefs. Last week, the...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
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
In a recent EmployNews article, we discussed the recent publicity over child labor violations across the U.S., frequently involving immigrant minors. Earlier this month, the Department of Labor’s (DOL) Wage and Hour Division...more