Parker Poe Adams & Bernstein LLP

New Defend Trade Secrets Act Requires Employers to Include Disclaimers in All Confidential Information Agreements

On May 16, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA). The new law takes immediate effect and will provide important new federal protections against unauthorized disclosure of proprietary…more
| Civil Remedies, Commercial Law & Contracts, Elections & Politics, Intellectual Property, Labor & Employment Law

EEOC Issues Final Wellness Plan Rules

The Equal Employment Opportunity Commission issued final regulations on May 18, 2016 that place limits on financial incentives used in certain employer-sponsored wellness programs. The two rules issued under the ADA and GINA,…more
| Civil Rights, Labor & Employment Law

DOL Issues Final Overtime Exemption Rules Doubling Minimum Salary as of December 1

On May 18, 2016, the federal Department of Labor’s Wage and Hour Division issued final regulations that dramatically increase the minimum salary required to claim exemption from the overtime provisions of the Fair Labor…more
| Labor & Employment Law

New SEC Guidance Helps Close the GAAP

As recently as last month I wrote about the SEC’s heightened focus on non-GAAP financial measure disclosures, evidenced by recent pronouncements from SEC Chair Mary Jo White, PCAOB Chair James R. Doty, SEC Commissioner Kara M…more
| Business Organizations, Finance & Banking, Securities Law

Fourth Circuit: Courts, Not Arbitrators, Decide the Availability of Class Arbitration

A decision allowing class-wide arbitration can transform a routine dispute into a “bet the company” problem. Who makes that decision: an arbitrator or a court? The Fourth Circuit Court of Appeals answered that question in…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

Supreme Court Issues Opinions Favorable to Financial Services Companies

May is usually a busy month on the Supreme Court before the justices head off for some summer R&R. It is historically a time when many opinions are issued, and May 2016 has been no exception…more
| Bankruptcy, Civil Procedure, Constitutional Law, Consumer Protection, Finance & Banking

Fourth Circuit Rejects Motor Carrier's Defense in Refusing to Hire Driver Diagnosed with Narcolepsy

The Americans with Disabilities Act prohibits employers from refusing to hire qualified individuals with a disability on the basis of their condition, if they can perform the essential functions of the job with or without…more
| Administrative Law, Civil Rights, Labor & Employment Law, Transportation

Fourth Circuit Says Standard for Adverse Action in Retaliation Claim is Significantly Lower Than That for Discrimination Claims

The Supreme Court’s 2006 Burlington Northern decision concluded that employers engage in retaliation against protected employees when they take action that would deter a reasonable person from filing an EEOC charge or…more
| Civil Procedure, Civil Rights, Labor & Employment Law

New Auditor Disclosures and Filing Requirements

As expected, the SEC last week approved rules proposed by the PCAOB last December that further the PCAOB’s ongoing efforts to enhance audit disclosure practices. The rules require auditors to file with the PCAOB a new Form AP,…more
| Business Organizations, Finance & Banking, Securities Law

OSHA Issues Final Rules on Electronic Injury Reporting

On Wednesday, the federal Occupational Safety and Health Administration issued final regulations changing the way businesses report injury and illness experience. The new rules take effect January 1, 2017, and will for the first…more
| Labor & Employment Law

New Exclusion Guidance Includes Presumption of Compliance Plan

Section 1128 of the Social Security Act (42 U.S.C. 1320a–7) (available here) established mandatory and permissive authority for exclusion of health care providers from Federal health care programs based on provider conduct. In…more
| Government Contracting, Health

South Carolina Court of Appeals Says 150-Mile Geographic Restriction in Non-Compete is Unreasonable

South Carolina courts evaluate the enforceability of non-compete provisions executed in the employment context and in connection with the sale of the business under the same reasonableness test. To be enforceable in South…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Labor & Employment Law

EEOC Issues Fact Sheet on Transgender Employee Bathroom Access

As transgender bathroom access legislation continues to generate controversy across the U.S., the Equal Employment Opportunity Commission issued a new Fact Sheet unequivocally stating its position with regard to restroom use by…more
| Civil Rights, Education, Labor & Employment Law

Accounting Standard Transition Disclosures–A Reminder from the SEC

New accounting standards appear with metronomic regularity. Some are minor and technical, while others clearly will have major consequences once they take effect…more
| Business Organizations, Securities Law

Fourth Circuit Says Employer-Sponsored Training Through Community College May Be Compensable Working Time

The Fair Labor Standards Act contains regulations explaining when time spent by new employees training for their jobs is compensable working time. In most circumstances, the employer must pay trainees for time spent learning…more
| Labor & Employment 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
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  • North Carolina
  • South Carolina
Number of Attorneys

100+ Attorneys

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