Parker Poe Adams & Bernstein LLP

Enforcement Heats Up at the SEC

Andrew Ceresney, Director of the SEC’s Division of Enforcement, gave the keynote address at last week’s Directors Forum 2016 in San Diego. In his speech, Mr. Ceresney made several points worth highlighting. First of all,…more
| Business Organizations, Finance & Banking, Securities Law

Site Neutral Payments for Off-Campus Locations Established After Nov. 1, 2015

Provider-based off-campus hospital outpatient departments (OC-HOD’s) established after November 1, 2015 will be subject to a new site-neutral payment limitation starting Jan. 1, 2017 as a result of provisions in the Balanced…more
| Health

Alleged Harassers' Intent Irrelevant to Hostile Environment Determination

Employers investigating allegations of workplace harassment sometimes receive explanations from the accused parties that they never meant to cause distress to the complaining employee. They justify their behavior as joking or…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Fourth Circuit Upholds Gender-Based Job Qualification

Title VII prohibits discrimination based on gender. Employers generally cannot adopt different qualification standards for men and women for the same job. However in some circumstances, federal courts have recognized that…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Federal ALJ Allows OSHA to Seek Enterprise-Wide Abatement of Hazards Discovered at One Location

OSHA inspections are usually site-specific, meaning that the agency’s authority to issue penalties and to seek abatement of workplace hazards applies to the workplace actually inspected. Last month, a federal Administrative Law…more
| Administrative Law, Civil Procedure, Labor & Employment Law, Transportation

Overboarding–How Many Directorships are Too Many?

Every so often, the issue of “overboarding”—meaning directors serving on too many boards—pops up in the news or in corporate governance circles. On January 21st, a Wall Street Journal article by Joann S. Lublin entitled How Many…more
| Business Organizations

Supreme Court Agrees to Review Automotive Dealership Service Advisors' Exempt Status Under FLSA

Retail automotive dealerships enjoy a special exemption from the overtime provisions of the Fair Labor Standards Act. Section 13(b)(10)(A) of the FLSA provides an overtime exemption for “any salesman, partsman, or mechanic…more
| Civil Procedure, Labor & Employment Law

Supreme Court Rejects Class Action "Pick-Off" Defense Strategy

Class and collective action claims involve a named plaintiff who files the action on behalf of himself or herself, along with a class of similarly situated individuals. In the employment context, a typical collective action…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Constitutional Law, Labor & Employment Law

Eleventh Circuit Agrees That Discrimination Against Transgendered Employees Violates Title VII

In recent years, the Equal Employment Opportunity Commission and federal courts across the U.S. have increasingly agreed that discrimination against transgendered employees is a form of sex discrimination under Title VII. These…more
| Civil Rights, Labor & Employment Law

Developments in Cybersecurity for Healthcare Providers

The Cybersecurity Act of 2015, included in the Omnibus Appropriations and Tax Reform Package adopted into law in December, 2015, specifically addresses cybersecurity in the healthcare industry…more
| Health, Privacy, Science, Computers, & Technology

Corporate Governance Considerations in Light of the Yates Memo

Last fall, United States Deputy Attorney General Sally Yates released a memorandum titled “Individual Accountability for Corporate Wrongdoing.” The “Yates Memo” is the latest installment in a series of prosecution guidelines for…more
| Business Organizations

Federal OSHA Releases Online Injury Reporting Form

Last month, after considerable delay, the Federal Occupational Safety and Health Administration started a new web page that allows employers to make online reports of employee injuries and illnesses. The online resource was…more
| Labor & Employment Law

EEOC Settles GINA Lawsuit Against Employer Using Outdated Medical Forms

The Genetic Information Non-Discrimination Act (GINA) prohibits employers from asking employees questions about their family medical histories in most circumstances. However, doctors’ medical questionnaires have for decades…more
| Labor & Employment Law, Privacy

NLRB Again Says Employers Cannot Impose Blanket Ban on Employee Recording in Workplace

Like many employers, Whole Foods adopted a policy prohibiting employees from conducting unauthorized recording of conversations, phone calls or meetings, regardless of the recording technology used. Employers generally believe…more
| Administrative Law, Civil Procedure, Communications & Media Law, Labor & Employment Law

Mild, Medium or Spicy?—Unwrapping the Chipotle Investigation

Right before Thanksgiving 2015, the news was replete with discussion of outbreaks of E. coli and potential other viruses at Chipotle restaurants. Information concerning the possible danger in consuming food at the popular…more
| Business Organizations, Civil Procedure, Consumer Protection, Criminal Law
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