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
Earlier this month, the United States Equal Employment Opportunity Commission (“EEOC” or “Commission”) issued its annual Performance and Accountability Report, which highlights the Commission’s enforcement activity over the...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
On January 10, 2017, the Equal Employment Opportunity Commission (EEOC) announced that it had released for public input its proposed enforcement guidance on unlawful harassment under federal employment discrimination laws....more
On May 12, 2016, the U.S. Occupational Safety and Health Administration (OSHA) published its new final rule to "Improve Tracking of Workplace Injuries and Illnesses." The new rule is meant to prevent employers from...more
On June 14, 2016, the Equal Employment Opportunity Commission (EEOC or Commission) participated in the White House United State of Women Summit. Coinciding with the Summit, the EEOC issued three resource documents that...more
6/21/2016
/ Americans with Disabilities Act (ADA) ,
Data Collection ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Sex Discrimination ,
Wage and Hour ,
Women's Rights
On September 8, 2015, President Obama signed an Executive Order that will require companies that contract with the federal government to provide paid sick leave to their employees. The Order will become effective in 2017....more
Since 2012, the U.S. Equal Employment Opportunity Commission (EEOC) has taken the position that transgender individuals are protected from discrimination under Title VII of the Civil Rights Act of 1964 (Title VII). The EEOC...more
9/1/2015
/ Employee Restrooms ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Gender Identity ,
Hostile Environment ,
Job Applicants ,
New Guidance ,
Office of Personnel Management (OPM) ,
OSHA ,
Title VII ,
Transgender
The Fourth Circuit Court of Appeals recently ruled that a temporary agency employee could be deemed an employee of the customer company as well as the temporary agency. The Fourth Circuit adopted a hybrid test and set forth...more
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
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
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 to...more
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
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
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 ,
Department of Homeland Security (DHS) ,
Deportation ,
Executive Orders ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
Popular ,
STEM ,
USCIS
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
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 ,
Department of Homeland Security (DHS) ,
EB-5 ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Form I-9 ,
Immigration ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Publicly-Traded Companies ,
Retrogression ,
Settlement
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
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
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
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
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
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
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
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