David L. Woodard

David L. Woodard

Poyner Spruill LLP

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EEOC Issues Guidance - Best Practices for Pregnancy Discrimination and Related Issues

Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII. The EEOC recently issued new Enforcement Guidance to ensure employers treat women...more

7/9/2015 - EEOC Employee Rights Employer Liability Issues Enforcement Guidance Pregnancy Discrimination SCOTUS Sex Discrimination Title VII Young v United Parcel Service

Best Practices for Employer Background Checks

There are many clear benefits in performing background checks, such as screening out candidates who give incomplete or inaccurate information on their application, or are not suitable for the job due to relevant criminal...more

5/27/2015 - Auto Manufacturers Background Checks Best Practices BMW Criminal Background Checks Hiring & Firing Popular Screening Procedures

Wondering what the Department of Labor will be doing this year? Here's what the agency says:

?According to the U.S. Department of Labor (DOL), it plans to increase its emphasis on audits and prosecutions of minimum wage and overtime violations, to increase its scrutiny of independent contractor classifications, and...more

1/21/2015 - Audits DOL Employer Liability Issues Exempt-Employees FLSA Minimum Wage Misclassification Strategic Enforcement Plan Wage and Hour

NLRB upends legality of employer email policies

On December 11, 2014, the National Labor Relations Board (NLRB) issued its opinion in Purple Communications, Inc. The NLRB decided employee use of email for statutorily protected communications on nonworking time must...more

12/23/2014 - Email Policies FLSA NLRB Protected Concerted Activity Purple Communications Unions

EEOC Files Contempt Action Against Employer for Alleged Breach of Settlement Agreement

On December 3, 2014, the U.S. Equal Employment Opportunity Commission (EEOC) issued a press release announcing that it has filed a contempt action in Federal court against a Charlotte-based employer. In that action, the EEOC...more

12/9/2014 - Consent Decrees Contempt Corporate Counsel EEOC Employer Liability Issues Retaliation Settlement Sexual Harassment

President Obama’s Executive Action on Immigration Policy

On November 21, 2014, President Obama made an announcement regarding several areas of US immigration policy. The most significant was to address approximately 4.4 million aliens living in the US without documentation. His...more

11/25/2014 - Barack Obama DACA DAPA Deportation DHS Executive Orders Hiring & Firing Immigration Procedures Immigration Reform Popular STEM USCIS

Publix to Pay $6.8 Million for Alleged FCRA Violations

Publix Super Markets Inc. has agreed to pay $6.8 million to settle a class-action lawsuit over the supermarket chain’s background check procedures. Under the Fair Credit Reporting Act (FCRA), employers must provide prior...more

11/11/2014 - Background Checks Employer Liability Issues FCRA Grocery Stores Hiring & Firing Job Applicants Publix Written Notice

I-9 Forms, Deferred Action for Childhood Arrivals, EB-5 Visas, and Reform Q&A - This month in Immigration

I-9 Audits - A fine for a couple of I-9 violations pales in comparison to the $34 million settlement paid by Infosys in 2012 for repeated I-9 violations and omissions discovered by Immigration and Customs Enforcement...more

10/28/2014 - Audits Corporate Governance Corporate Liability DACA DHS EB-5 Employer Liability Issues Employment Authorization Document I-9 ICE Immigration Immigration Procedures Publicly-Traded Companies Retrogression Settlement

Employers Should Assess Background Checking Procedures to Avoid Running Afoul of the Fair Credit Reporting Act

There has been a recent uptick in class action litigation initiated by job applicants claiming that employers violated the Fair Credit Reporting Act (the FCRA) in the manner they procured and used consumer reports about the...more

8/5/2014 - Background Checks Best Management Practices Consent Consumer Reports Disclosure Requirements Employer Liability Issues FCRA Hiring & Firing Job Applicants

NLRB Reconsiders Employee Use of E-mail Systems

Under current law, employees have no statutory right to use their employer-provided email for Section 7 purposes. However, on April 30, 2014, the National Labor Relations Board (NLRB or the Board) released a Notice and...more

5/13/2014 - Email Employee Rights Employer Liability Issues NLRA NLRB

California Court Issues Important Decisions Regarding Fitness for Duty Evaluations Following FMLA Leave

In the case of White v. County of Los Angeles, the California Court of Appeals recently considered whether an employer may seek its own medical evaluation of an employee’s fitness for duty, even when the employee’s treating...more

4/29/2014 - ADA Employer Liability Issues Fitness for Duty Exams FMLA

Employers Must Be Prepared for I-9 and E-Verify Inspections - Immigration and Customs Enforcement (ICE) Inspection of Forms I-9...

Has ICE Been Busy in 2013? What to Expect if You Get a Notice of Inspection - On November 6, 1986, the Immigration Reform and Control Act required employers to verify the identity and employment eligibility of their...more

4/15/2014 - Audits Compliance Criminal Sanctions E-Verify I-9 ICE Immigration Reform USCIS

Retirement Plan Fee Litigation Finds Its Way to North Carolina

Over the last few years, we have seen a significant increase in litigation involving the fees paid by retirement plans. However, until recently, no major litigation had occurred in North Carolina. On March 12, 2014, one of...more

3/31/2014 - Benefit Plan Sponsors Employee Benefits Employer Liability Issues Retirement Plan

EEOC Publishes Guidance on Employment Rights Related to Religious Garb and Grooming in the Workplace

On March 6, 2014, in an effort to answer questions about how federal employment discrimination law applies to religious dress and grooming practices, the U.S. Equal Employment Opportunity Commission (EEOC) issued a...more

3/18/2014 - Civil Rights Act EEOC Religion Religious Clothing Religious Discrimination Title VII Workplace Attire

Employees May Affirmatively Decline To Use FMLA Leave - When Requesting Leave for An FMLA-Covered Reason, According to the Ninth...

In a decision filed on February 25, 2014, the United States Court of Appeals for the Ninth Circuit ruled that employees may affirmatively decline to use leave under the Family and Medical Leave Act (FMLA), even if the...more

3/3/2014 - Employee Benefits Employee Rights FMLA

New Employer Mandate Relief

Final regulations issued on February 12, 2014 contain significant new relief from the employer mandate’s shared responsibility penalty under the Patient Protection and Affordable Care Act for 2015. Previous guidance delayed...more

2/18/2014 - Affordable Care Act Employee Benefits Employer Mandates Healthcare Pay or Play Shared Responsibility Rule

Fourth Circuit Rules That Temporary Impairments May Be ADA Covered Disabilities

The Fourth Circuit Court of Appeals, the federal appellate court covering North Carolina, among other states, recently ruled that a temporary impairment may be a covered disability under the Americans with Disabilities Act...more

2/4/2014 - ADA ADAAA Disability Temporary Disability Insurance

EEOC Settlement Reminds Employers That GINA Prohibits Requesting Family Medical History

?While the Genetic Information Nondiscrimination Act of 2008 (GINA) has proven to be the least-litigated of the federal anti-discrimination laws, a recent settlement obtained by the Equal Employment Opportunity Commission...more

1/21/2014 - Anti-Discrimination Policies EEOC Employment Application GINA Hiring & Firing Human Resources Professionals Medical Records Posting Requirements

Employers’ New Year’s Resolution: Review Employee v. Independent Contractor Classifications

As we enter 2014, employers should take the opportunity to review their classifications of employees and independent contractors to ensure they do not run afoul of the many overlapping statutes and regulations in this area....more

1/7/2014 - Classification Compliance DOL Full-Time Employees Independent Contractors

The Department of Labor Releases Fall 2013 Statement of Regulatory Priorities

On November 26, 2013, the United States Department of Labor (DOL) issued its Fall 2013 Statement of Regulatory Priorities which identified the Department’s priorities and primary activities for the coming year. The statement...more

12/10/2013 - Compliance DOL Enforcement Transparency

Independent Contractor Misclassification Bill Introduced in Senate

On November 12, 2013, Senator Bob Casey introduced a bill in the U.S. Senate entitled the “Payroll Fraud Prevention Act of 2013.” The act is aimed at reducing the misclassification of employees as independent contractors....more

11/26/2013 - Employer Liability Issues Fraud Independent Contractors Misclassification Payroll Records

EEOC Settlement Reminds Employers of Responsibility to Protect Employees from Harassment by Third Parties

A Virginia healthcare company, Southwest Virginia Community Health System, recently agreed to pay $30,000 to settle a sexual harassment suit brought against it by the Equal Employment Opportunity Commission (EEOC). The EEOC...more

10/29/2013 - EEOC Employer Liability Issues Harassment Settlement Sexual Harassment Third-Party

New Wellness Program Rules for 2014

Employers continue to look for ways to manage the cost of employee health care coverage as they navigate the turbulent waters of healthcare reform, and wellness programs continue to be a popular strategy. However, adoption...more

10/15/2013 - Employer Group Health Plans ERISA Health Insurance Healthcare Reform HIPAA

Recent ADA Decision Might Signal Broadening of the ADA’s Accommodation Provisions

The United States Court of Appeals for the Fifth Circuit recently held that accommodations under the Americans with Disabilities Act (ADA) are not limited to job modifications that enable an employee to perform essential job...more

10/1/2013 - ADA Disability Discrimination Discrimination Essential Functions Reasonable Accommodation

I-9 and E-Verify Developments: Department of Justice’s Office of Special Counsel’s Activities Provide Roadmap for Employers;...

The Office of Special Counsel Steps in to Address Common I-9 Violations - Retailer Macy’s entered into a settlement agreement with the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC)...more

9/4/2013 - DOJ E-Verify I-9 Immigration Reform OSC Visas

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