David L. Woodard

David L. Woodard

Poyner Spruill LLP

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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 NOI 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

EEOC Background Check Bias Class Action Dismissed

As reported in previous Alerts, the Equal Employment Opportunity Commission (EEOC) has recently filed suits against several employers including Dollar General and BMW Manufacturing Co. claiming that they improperly used...more

8/20/2013 - Criminal Background Checks Dismissals Disparate Impact EEOC Hiring & Firing

Will Obesity Claims Be the Next Wave of ADA Litigation?

In a new federal lawsuit in the U.S. District Court for the Eastern District of Missouri, Whittaker v. America's Car-Mart, Inc., the plaintiff is alleging his former employer violated the Americans with Disabilities Act (ADA)...more

8/5/2013 - ADA American Medical Association Disability Disability Discrimination EEOC Obesity

Labor Board Affirms Ruling that Employer Confidentiality Provision Violates NLRA

On June 21, 2013, The National Labor Relations Board (NLRB) issued an order affirming and modifying an earlier decision by an administrative law judge that invalidated the confidentiality provision in an employer’s employment...more

7/23/2013 - Administrative Hearings Confidentiality Agreements DOL NLRA NLRB

Adding Bite To Its Bark: EEOC Files First Lawsuits Since Its Updated Guidance On Criminal Background Checks

On April 25, 2012, the Equal Employment Opportunity Commission (EEOC) issued updated guidance on the use of criminal background checks in making employment decisions. The guidance clarified the EEOC’s position that blanket...more

6/25/2013 - Criminal Background Checks Discrimination EEOC Hiring & Firing Title VII

EEOC Publishes Updated Guidance on the Employment Rights of People with Cancer, Diabetes, Epilepsy and Intellectual Disabilities

On May 15, 2013, pursuant to its published goal of providing up-to-date guidance on the requirements of antidiscrimination laws, the U.S. Equal Employment Opportunity Commission (EEOC) issued four revised Question and Answer...more

5/29/2013 - ADA ADAAA Disability Disability Discrimination Discrimination EEOC

“Essential Functions” Under the ADA Can Include Job Functions that are Infrequently Performed

The Americans with Disabilities Act (ADA) requires covered employers generally to provide reasonable accommodations to qualified employees with disabilities. The ADA provides, however, that the employee must be able to...more

5/14/2013 - ADA Essential Functions Job Descriptions

Employer Responsibility – Will You Pay or Play?

Starting in 2014, provisions of the Patient Protection and Affordable Care Act become effective known as “Pay or Play” or “Employer Shared Responsibility.” Large employers will be faced with the decision whether to offer...more

5/7/2013 - Affordable Care Act Employer Group Health Plans Employer Mandates Full-Time Employees Health Insurance Healthcare Minimum Essential Coverage Pay or Play Penalties

Pregnancy and Disability Discrimination the Focus of EEOC Enforcement Activity

Since Congress’ enactment of amendments to the Americans with Disabilities Act (ADA) in 2008, making it easier to establish disability status under that law, the EEOC has directed more of its attention to claims of pregnancy...more

4/30/2013 - ADA ADAAA Disability Discrimination EEOC Pregnancy Discrimination Title VII

North Carolina Joins States Requiring Employers to Enroll in E-Verify

The North Carolina Legislature passed a bill that requires all private employers with more than 25 employees to use the federal online E-Verify program to verify the employment authorization of newly hired employees. The...more

3/26/2013 - DHS E-Verify Hiring & Firing Social Security Adminstration

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