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
By now, we have all heard stories about remote employees who are working two jobs simultaneously, or have installed software that provides the appearance of work activity. In response to concerns over productivity and...more
Employers considering layoffs or other restructurings should carefully develop a plan for evaluating and selecting employees who will be affected by the changes. In many situations, age discrimination claims become a major...more
As spring weather begins in many parts of the U.S., higher temperatures are just around the corner. Now is a good time for employers to review their response to situations involving employee exposure to high temperatures....more
Last week, the city of Seattle approved a proposal to add caste to its list of protected classifications under its antidiscrimination ordinance that applies to employment and housing. Caste is a social hierarchy system based...more
Last Sunday, the New York Times published an investigation chronicling widespread child labor law violations across the U.S. These situations primarily involve Central American immigrant minors who entered the U.S. without...more
President Biden recently announced that the national emergency relating to the COVID-19 pandemic will end on May 11, 2023. This move may result in unexpected tax issues for employers with remote workers in states where they...more
Earlier this week, the National Labor Relations Board (NLRB) continued its reversal of decisions reached during the Trump administration, reinstating prior precedents. This time, the Board reversed two decisions that limited...more
On Wednesday, in a 6-3 decision, the U.S. Supreme Court affirmed a lower court decision finding that a highly compensated employee who was paid a day rate did not qualify as exempt from the overtime requirements of the Fair...more
As discussed in last week’s EmployNews, the U.S. Supreme Court’s upcoming consideration of the standard for considering religious accommodation requests may expand employers’ obligations to agree to employee requests,...more