Kevin M. Ceglowski

Kevin M. Ceglowski

Poyner Spruill LLP

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DOL Gets Reined In - Fifth Circuit Court of Appeals says the agency pushed too far in worker misclassification case

As most employers know, the United States Department of Labor (DOL), along with many other federal and state agencies such as the Equal Employment Opportunity Commission, has focused on pursuing employers for misclassifying...more

9/29/2015 - Appeals Attorney's Fees DOL EEOC Employer Liability Issues Enforcement Actions Equal Access to Justice Act FLSA Government Investigations Independent Contractors Minimum Wage Misclassification Wage and Hour

Shorts on Long Term Care - February 2015

In this issue: - Document Retention in a Long Term Care Facility - Medicare RAC Program Improvements Delayed Until 2016 - “Bring Your Own Device” To Work Programs - NLRB Upends Legality of Employer Email...more

2/26/2015 - Bring Your Own Device CMS Document Retention Policies Email Policies Long Term Care Facilities Medicare Medicare RAC NLRB Physician Medicare Reimbursements Recovery Audit

NLRB upends legality of employer email policies

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

12/23/2014 - Email Policies FLSA NLRB Protected Concerted Activity Purple Communications Unions

Hostile Work Environment Case Gets Additional Fourth Circuit Scrutiny

The Fourth Circuit Court of Appeals has agreed to an en banc rehearing (in which all judges on the court will hear the case) of Boyer-Liberto v. Fountainebleau Corp. after a three-judge panel of the court ruled in May 2014...more

7/8/2014 - EEOC Employer Liability Issues Enforcement Actions Hostile Environment Race Discrimination Slurs

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 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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