Kevin M. Ceglowski

Kevin M. Ceglowski

Poyner Spruill LLP

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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

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

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

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

Court Stops Serial Plaintiff's Latest Effort: Payne v. Chapel Hill North Properties

The United States District Court for the Middle District of North Carolina recently dismissed an Americans with Disabilities Act (“ADA”) case filed by Denise Payne, a Florida resident, and National Alliance for Accessibility,...more

6/27/2013 - Accessibility Rules ADA Disability Access Claims Motion to Dismiss Standing

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

Scripts - April 2013

In This Issue: - Key Provisions In the Final Omnibus HIPAA/HITECH Rules and What They Mean for You - NLRB and EEOC May Target Employer Efforts to Keep Employees Quiet During Internal Investigations -...more

4/8/2013 - Anti-Retaliation Provisions Business Associates Confidential Employer Investigations Data Protection Deadlines EEOC Healthcare HIPAA HIPAA Omnibus Rule HITECH I-9 Medical Malpractice Negligence NLRB Notice Requirements Title VII USCIS

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 D.R. Horton v NLRB NLRA NLRB Prime Healthcare Services Pro Forma Sessions Recess Appointments Union Dues

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

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