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Eleventh Circuit Limits Scope of Parental Leave for Birth of Child Under FMLA

The Family and Medical Leave Act provides leave and job protection to eligible employees who need to be absent from work “because of the birth of a son or daughter of the employee and in order to care for such son or...more

Eleventh Circuit Clarifies Legal Standard in EPA Pay Discrimination Case

The Equal Pay Act of 1963, 29 U.S.C. § 206(d) (“EPA”) requires men and women to receive equal pay for equal work.  In order to assert a claim under the EPA, an employee must show that she was paid less than a male comparator...more

Employer Avoids Liability for Wrongful Discharge Despite Alleged Comparator Receiving Lesser Discipline

It is often said that consistent application of an employer’s work rules is one of the best ways to avoid liability for discrimination claims.  Doing so can help to rebut the allegation that an individual has been subjected...more

Employer Avoids “Cat’s Paw” Liability in FMLA Retaliation Case Through Independent Review

The Family and Medical Leave Act (FMLA) prohibits employers from retaliating against employees for taking FMLA leave. In the case of Parker v. United Airlines, Inc., which recently reached the United States Court of Appeals...more

Fourth Circuit Affirms Ruling In Favor of Employer in USERRA Case

In a decision issued on May 10, 2022, the United States Court of Appeals for the Fourth Circuit affirmed summary judgment in favor of the employer in a case involving alleged wrongful termination in violation of the Uniformed...more

Fourth Circuit Issues Decision Favorable to Employer on ADA Accommodation

The Americans with Disabilities Act (ADA) generally prohibits covered employers from discriminating against employees or applicants on the basis of disability. One form of such discrimination is failing to provide reasonable...more

U.S. Department of Labor Issues Final Rule Promoting Expansion of Apprenticeships

On March 10, 2020, the U.S. Department of Labor published a Final Rule establishing a new system by which third parties may develop and operate apprenticeship programs in the United States. According to the DOL’s press...more

Department of Labor Proposes Rule Clarifying Fluctuating Workweek Method of Calculating Overtime Pay

On November 5, 2019, the Wage and Hour Division of the U.S. Department of Labor proposed a new Rule which would allow employers to offer bonuses and other incentive-based payments to salaried nonexempt employees whose work...more

Fourth Circuit Finds Employer Not Liable for Terminating Employee Believed to Have Made False Report of Harassment

Can an employer be held liable under Title VII when it fires an employee based on a good faith belief that she falsely accused another employee of sexual harassment — even if that belief may have been based upon a mistake of...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

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