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David L. Woodard

David L. Woodard

Poyner Spruill LLP


Latest Publications

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“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

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

New FMLA Regulations Effective: New Notice Poster and Model Forms Available

As of March 8, 2013, employers with 50 or more employees are required to post the Department of Labor’s (DOL) new Family and Medical Leave Act (FMLA) notice poster incorporating the recently issued final regulations, which...more

3/12/2013 - DOL Eligibility Flight Crews FMLA Hiring & Firing I-9 Medical Leave Military Caregiver Leave Military Service Members Notice Requirements USCIS

The Wage and Hour Movement Against Internship Programs

Lawsuits brought by interns are potentially becoming the next big trend in wage and hour litigation. As we discussed in a recent Alert in December of 2012, although it may be tempting for employers to tap into the large pool...more

2/25/2013 - DOL FLSA Internships Minimum Wage Over-Time Wage and Hour

D.C. Circuit Court Decision Creates NLRB Upheaval

On January 25, 2013, in Noel Canning v. National Labor Relations Board, the U.S. Court of Appeals for the District of Columbia ruled President Obama’s use of recess appointments to fill three vacancies on the National Labor...more

2/12/2013 - Canning v NLRB Collective Bargaining D.R. Horton NLRB Prime Healthcare Services Pro Forma Sessions Recess Appointments Union Dues

It Just Got Easier to Fix Your Ailing Retirement Plan

Properly maintaining and administering a retirement plan is a difficult task for most employers. Despite even extreme vigilance, things often go wrong. The list of potential plan errors is endless, and plan sponsors face very...more

1/29/2013 - EPCRS IRS Retirement Plan

Recent Ruling Demonstrates That You Might Find Religion Where You Least Expect It

A ruling from an Ohio federal court warns that a religious discrimination claim can arise from of a set of beliefs that an employer might not ordinarily equate with religion. In Chenzira v. Cincinnati Childrens’ Hospital...more

1/15/2013 - Chenzira Discrimination EEOC Reasonable Accommodation Religious Discrimination Title VII Vaccinations Veganism

Fourth Circuit Upholds Employer-Favorable Religious Discrimination Decision

The Fourth Circuit Court of Appeals recently affirmed summary judgment in favor of an employer that was sued by the Equal Employment Opportunity Commission (EEOC) for religious discrimination. In EEOC v. Thompson Contracting,...more

12/31/2012 - Discrimination EEOC Reasonable Accommodation Religious Discrimination Summary Judgment Title VII

Employers Need To Be Careful When Classifying Individuals As Unpaid Interns

Students of all ages seek out desirable unpaid internships. An internship gives the individual valuable experience in a potential chosen field of employment and could possibly lead to a job offer. Recently, a movie production...more

12/18/2012 - DOL FLSA Internships Unpaid Interns Wage and Hour

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