Molly Cherry

Molly Cherry

Nexsen Pruet, PLLC

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Latest Publications


Fourth Circuit Affirms Summary Judgment Based on Lack of Comparator Evidence

On March 7, 2017, the Fourth Circuit Court of Appeals, which includes North and South Carolina, upheld a trial court’s order granting summary judgment to the District of Columbia in a race discrimination lawsuit brought by a...more

3/15/2017 - Appeals Civil Rights Act Corporate Counsel Evidence Race Discrimination Summary Judgment Title VII

EEOC Public Input Deadline on Proposed Harassment Enforcement Guidance Extended to March 21

On February 3, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it extended the public input period on its proposed enforcement guidance on unlawful workplace harassment. The public input period...more

2/9/2017 - Anti-Harassment Policies Deadlines EEOC Employment Discrimination Enforcement Guidance Harassment

Fourth Circuit Pronounces Joint Employer Test Under FLSA - Employment Law Update

On Jan. 25, 2017, the Fourth Circuit Court of Appeals, which has jurisdiction over North and South Carolina, issued an opinion in a collective action wage and hour case setting forth a six-factor test for determining whether...more

2/1/2017 - Collective Actions FLSA Joint Employers Title VII Wage and Hour

Another Win for Wellness: The Erosion of Voluntary Participation

Consider the following wellness program scenario: A company implements a program that incentivizes employees to take a health risk assessment and undergo biometric screening. The assessment asks questions about the...more

2/25/2016 - ADA Biometric Information EEOC Employer Group Health Plans HIPAA Screening Procedures Wellness Programs

Joint Employment Challenges Continue in 2016

The legal concept of “joint employment” exists when a person is employed by two or more entities, such that the employers are responsible, individually and jointly, to the employee for compliance with a particular statute or...more

2/11/2016 - Administrative Interpretation Browning-Ferris Industries of California Inc. DOL FLSA Franchises Joint Employers McDonalds MSAWPA NLRA NLRB OSHA Staffing Agencies Title VII Wage and Hour

Tricks or Treats: Human Resources Challenges Ahead

Halloween is traditionally a time for “trick or treating.” For human resource professionals, many days can be Halloween-like, filled with unexpected events or career rewards. Recently, dozens of HR professionals participated...more

10/26/2015 - Absenteeism ADA Affordable Care Act Diversity and Inclusion Standards (D&I) Employee Benefits Employee Retention Employer Liability Issues FLSA Hiring & Firing Human Resources Professionals Job Ads Job Applicants NLRB Over-Time Popular Recruitment Incentives Social Media Surveys Unions Wage and Hour

New Year: Resolve, Review, Revise

The new year is a time for reflection. With that reflection often comes a resolve for change, from small modifications of some old habits to wholesale new beginnings and everything in between. From a business perspective,...more

1/7/2015 - Background Checks Class Action Email Email Policies Employee Credit Checks Employer Liability Issues FCRA FLSA Hiring & Firing NLRB Protected Concerted Activity Purple Communications Putative Class Actions Unions Year-End Planning

Premises Liability 101: Business owner liability for crimes on their property

The legal theory of premises liability holds property owners responsible for accidents and injuries that occur on their property. The law in this area is highly developed and can differ from state to state. Premises liability...more

10/1/2014 - Commercial Property Owners Premises Liability Property Owners Third-Party Risk

Fourth Circuit Determines Whistleblower Termination Not Retaliatory Discharge Under Sarbanes-Oxley

The U.S. Fourth Circuit Court of Appeals ruled recently that an employee’s termination after reporting his company’s potential connection to export violations and insider trading did not amount to a retaliatory discharge...more

7/10/2014 - Corporate Counsel Employer Liability Issues Retaliation Sarbanes-Oxley Termination Whistleblowers

Employment Law Update: US Supreme Court Set to Define "Supervisor" for Purposes of Title VII

The U.S. Supreme Court recently heard arguments in a case that could have a significant impact on employer liability. Specifically, as the result of an appeal in Vance v. Ball State University, et al, 646 F.3d 461 (7th Cir....more

1/23/2013 - EEOC Harassment SCOTUS Supervisors Title VII Vance v. Ball State University

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