Parker Poe Adams & Bernstein LLP

Can North Carolina Employers Terminate Employees Based on Threat of Domestic Violence Spillover?

How should Human Resources respond to the following scenario?: An employee reports that she recently separated from her husband and obtained a domestic violence restraining order. Several co-workers approach HR to report that…more
| Labor & Employment Law

Prevailing FLSA Defendant May Recover Costs From Unsuccessful Plaintiff

Last month’s CRST decision by the U.S. Supreme Court raised hopes for employers seeking to recover attorneys’ fees from the EEOC after prevailing in litigation against the agency. Last week, the Eighth Circuit Court of Appeals…more
| Civil Procedure, Labor & Employment Law

Fourth Circuit's Exotic Dancer Decision May Affect Other Independent Contractor Classifications

Earlier this month in McFeeley v. Jackson Street Entertainment, LLC, the Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) concluded that exotic dancers were employees entitled to minimum wages…more
| Commercial Law & Contracts, Labor & Employment Law

Second Circuit Rejects Light Duty Program Limited to Job-Related Injuries

In last year’s Young decision, the U.S. Supreme Court found that an employer could not exclude pregnant employees from participation in a light duty work program absent demonstration of significant burdens that would result by…more
| Civil Rights, Labor & Employment Law, Worker’s Compensation

Appellate Court Split Sets Stage for Supreme Court to Determine Use of Class Action Waivers in Employment Arbitration Agreements

As previously reported in EmployNews, the National Labor Relations Board has issued numerous recent decisions finding that employers’ use of class and collective action waiver provisions in mandatory arbitration agreements…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Labor & Employment Law

The NLRB Continues to Monitor Social Media Policies

According to this EmployNews report, the National Labor Relations Board continues to interpret the National Labor Relations Act to prohibit social media policies that restrict employees’ ability to publically complain about…more
| Administrative Law, Labor & Employment Law

Mobile Device Privacy Considerations for Employers

The use of mobile devices in the workplace, including cell phones, tablets, and other devices, has generated significant risks for employers, both in terms of data security and of litigation strategy. Access to these devices is…more
| Electronic Discovery, Labor & Employment Law, Privacy, Insurance, Science, Computers, & Technology

The New US Sanctions Against North Korea: Dr. Evil's Got Nothing on Kim Jong-un

Although poor, out-of-touch Dr. Evil of the Austin Powers series had to resort to the threat of using a giant laser beam to decimate various cities to try to obtain his one million billion dollars in ransom, Kim Jong-un1 appears…more
| Finance & Banking, International Law & Trade, Science, Computers, & Technology

(Too) Much Ado About (Almost) Nothing–The Recent Form 10-K Amendment

Borrowing the title of one of Shakespeare’s most famous comedies seems somehow appropriate to describe last week’s amendment to Form 10-K, which formalizes a company’s ability to include a business and financial summary in that…more
| Finance & Banking, Securities Law

Ninth Circuit Affirms Use of FLSA "Rounding" Rule for Recording Time Worked

For more than a half-century, Department of Labor regulations issued under the Fair Labor Standards Act have allowed employers to adopt an administrative rounding policy to prevent situations where the employer would be required…more
| Labor & Employment Law

New Overtime Salary Exemption Levels Allow Limited Use of Incentive Pay

The Department of Labor’s new salary level of $47,476 for white collar employees exempt from the overtime provisions of the Fair Labor Standards Act takes effect December 1. While the new rules more than double the current…more
| Labor & Employment Law

Regulation S-K Overhaul Moves One Step Closer

As mandated by the JOBS Act, the SEC has been reassessing its disclosure rules in an attempt to modernize and overhaul Regulation S-K. In April, the SEC took the major step of publishing a concept release seeking the public’s…more
| Finance & Banking, Securities Law

Supreme Court Allows Employer to Collect Fees From the EEOC Without Verdict on Merits of Claim

Title VII allows federal courts to award attorneys’ fees to the prevailing party in discrimination suits. While plaintiffs typically receive their fees if they win a discrimination or retaliation claim, defendants can also…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Fourth Circuit Finds Rebellious Behavior by Subordinates Insufficient to Constitute Hostile Work Environment

Most hostile environment harassment claims brought under Title VII involve allegations of offensive conduct by the plaintiff’s supervisors or co-workers. In a few situations, the employee alleges that his or her subordinates…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Practical Tips for Effective Corporate Compliance

SEC personnel frequently speak publicly on a variety of topics. Some speeches are less than memorable, while others so perfectly capture the essence of a subject and provide such practical insight that it would be a shame for…more
| Business Organizations, Finance & Banking, Securities Law
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Contact

Three Wells Fargo Center
401 South Tryon Street, Suite 3000
Chralotte, NC 28202, United States

  • 704.372.9000
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Areas of Practice
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Other U.S. Locations
  • D.C.
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  • South Carolina
Number of Attorneys

100+ Attorneys

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