Earlier this year, we wrote about the Federal Trade Commission (FTC) enacting a final rule to ban most all forms of non-compete agreements between employers and employees in the United States (available here). The ban was...more
9/5/2024
/ Competition ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Labor Reform ,
Non-Compete Agreements ,
Popular ,
Restrictive Covenants
Since the onset of the COVID-19 pandemic, remote work has spread throughout new industries and has provided numerous benefits to employers, including saving rent, utilities, and other costs required to maintain a physical...more
Join us in person or virtually on Wednesday, February 7 for an All-Day Employment and Employee Benefits Seminar. You’ll hear from Poyner Spruill attorneys about trending topics in employment and employee benefits. We aim to...more
1/23/2024
/ Artificial Intelligence ,
Breastfeeding ,
Continuing Legal Education ,
Diversity ,
Drug Testing ,
Employee Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Opportunities ,
Events ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
NLRB ,
North Carolina ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Protected Concerted Activity ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Remote Working ,
SECURE Act ,
Unions ,
Wage and Hour
The United States Department of Labor released a proposed rule on August 30, 2023, that would increase the minimum salary for “exempt” employees from $684 per week ($35,568 a year) to $1,059 per week ($55,068 a year). This...more
As we approach that time of year where spring cleaning is in full swing, remember to review your workplace posters for compliance with updated versions and new material. For instance, the U.S. Department of Labor recently...more
At the outset of the COVID-19 pandemic, employers transitioned millions of employees to remote work. In many industries, the transition back to the office has been slow or nonexistent, drastically reducing the number of...more
Last month, the U.S. Department of Labor published a proposed rule to modify the federal guidelines for determining how to properly classify an individual as an independent contractor or employee under the Fair Labor...more
In a case of first impression for federal appellate courts, the United States Court of Appeals for the Fourth Circuit recently held that gender dysphoria qualifies as a “disability” under the Americans with Disabilities Act...more
A common question among employers faced with determining whether an employee can safely perform the essential functions of their job is how much and what type of medical information and records can be requested from the...more
The Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) on June 10, 2021. The ETS directs covered health care employers to devise a plan that minimizes their employees’ potential...more
On June 10, 2021, the Occupational Safety and Health Administration (“OSHA”) – the federal agency tasked with ensuring that working conditions are safe and healthful by setting and enforcing standards and by providing...more
6/25/2021
/ Best Practices ,
Business Continuity Plans ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Wage and Hour ,
Workplace Safety
Considerations for Employers: COVID-19 Vaccinations and Updated Workplace Safety Protocols -
As COVID-19 vaccines are being administered across the country, facilities are implementing vaccination plans for their...more
Last week, the United States Court of Appeals for the Fourth Circuit—the court that decides federal appeals from South Carolina, North Carolina, Virginia, West Virginia, and Maryland—issued an unpublished opinion that serves...more
As the COVID-19 vaccination is being distributed across the nation, many businesses are asking whether they can or should require their workforces to get the vaccine. In response to such questions, the Equal Employment...more
Last week, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued a new batch of opinion letters addressing compliance issues involving the Fair Labor Standards Act (FLSA). For those not familiar with such...more
The “20% Rule,” which provided guidance to employers for when they must pay tipped employees minimum, rather than a tipped hourly wage, was recently abandoned by the United States Department of Labor (“DOL”). First published...more
8/13/2019
/ 20% Rule ,
Department of Labor (DOL) ,
Employee Handbooks ,
Employer Liability Issues ,
Food Service Workers ,
Hospitality Industry ,
Minimum Wage ,
New Guidance ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
This month, a federal judge in Washington, D.C. lifted a stay enjoining the requirement that employers complete the pay data collection component in the annual Employer Information Report EEO-1, otherwise known as the EEO-1...more
A common issue surrounding a medical leave of absence from work under the Family and Medical Leave Act (FMLA) pertains to whether the employer was on notice that the employee sought FMLA-protected leave. Depending on the size...more
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. (Title IX) has received a lot of attention recently for its impact on college athletic programs. Both male and female sports have grown increasingly...more
11/8/2018
/ Civil Rights Act ,
Discrimination ,
Employer Liability Issues ,
Graduate Medical Education ,
Harassment ,
Hospitals ,
Physicians ,
Preemption ,
Private Right of Action ,
Retaliation ,
Sexual Harassment ,
Teaching Hospitals ,
Title VII
Recent Decision Highlights Potential Personal Liability of Hospital Directors Based on Breach of Fiduciary Duty -
In a recent case, a federal bankruptcy court in Michigan reviewed important questions involving breach of...more
11/7/2018
/ Bankruptcy Code ,
Bankruptcy Court ,
Board of Directors ,
Business Judgment Rule ,
Certificate of Need ,
Fiduciary Duty ,
Good Faith ,
Healthcare Facilities ,
Hospitals ,
Liquidation ,
Medical Devices ,
Nonprofits ,
Personal Liability ,
Sex Discrimination ,
Teaching Hospitals ,
Title IX ,
Wireless Devices
Last week, a United States Magistrate Judge authorized a legal photographer and two EEOC lawyers to enter, inspect, and photograph Akebono Brake Corporation’s West Columbia, South Carolina facility.¹ Although Akebono...more
The news has been filled lately with reports of harassment allegations against all sorts of famous people. From politicians to movie stars, many public figures are finding themselves embroiled in legal battles based on their...more
This month, NLRB Judge Robert A. Ringler struck down numerous policies (17 in total) in a non-unionized employee handbook, concluding that those policies all violated Sections 7 and/or 8 of the National Labor Relations Act....more