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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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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
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
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
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
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
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