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EEOC Disability Discrimination Suit Against UPS Settled for $2 Million

On August 8, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) issued a press release announcing that its lawsuit against United Parcel Service, Inc. (UPS), alleging disability discrimination claims under the...more

U.S. Department Of Labor Issues Notice Of Proposed Rulemaking on Rescinding “Persuader Rule”

On June 12, 2017, the Labor Management Standards Office of the U.S. Department of Labor issued a “Notice of Proposed Rulemaking” to rescind a 2016 final rule (referred to as the “Persuader Rule”), passed under the Obama...more

Strict Enforcement of Attendance Procedures May Create Liability for Employers under FMLA

Many employers include in their attendance policies a specific procedure by which employees must “call-in” to report an absence from work. Such policies typically impose disciplinary action, up to and including termination of...more

Uncertainty Remains in Wake of Court Decision Blocking DOL Overtime Regulations

Earlier this year, the U.S. Department of Labor issued a Final Rule increasing the minimum salary level for employees otherwise exempt from the overtime pay requirements of the Fair Labor Standard Act from $23,660 per year to...more

Shorts On Long Term Care July 2016 - News for the NC LTC Community

Just when you thought things couldn’t get much worse for skilled nursing facility providers in terms of civil money penalties and other survey sanctions, it did. All of a sudden, we’ve noticed in our practice a marked uptick...more

NLRB Continues to Target Employers’ Social Media Policies

In recent years, the National Labor Relations Board has placed increasing scrutiny on employers’ social media policies. The NLRB has specifically focused on whether such policies unlawfully interfere with employees’ right...more

NC Court Case Demonstrates Potential of "Individual" Liability For Discrimination

In discussing the topic of employment discrimination in the workplace, much attention is generally focused on the claims that may be brought against employers and what employers can do to avoid those claims through good...more

US Department of Labor Implements Final Rule Requiring Pay Transparency Among Federal Contractors

Executive Order 13665, signed by President Obama on April 8, 2014, prohibits federal contractors and subcontractors from discriminating against employees or applicants because they inquire about or discuss their compensation...more

Supreme Court Issues Decision Regarding Accommodation of Pregnant Employees

On March 25, 2015, the United States Supreme Court issued an important decision in the case of Young v. UPS, involving a claim of failure to accommodate in violation of the Pregnancy Discrimination Act (PDA). The PDA, which...more

EEOC Files Contempt Action Against Employer for Alleged Breach of Settlement Agreement

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

California Court Issues Important Decisions Regarding Fitness for Duty Evaluations Following FMLA Leave

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

Labor Board Affirms Ruling that Employer Confidentiality Provision Violates NLRA

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

Pregnancy and Disability Discrimination the Focus of EEOC Enforcement Activity

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

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