Parker Poe Adams & Bernstein LLP

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

  • 704.372.9000
  • 704.334.4706

Sixth Circuit Says Manufacturer's Testing for Legally Prescribed Drugs May Not be Prohibited ADA Medical Exam

Americans’ use of prescription painkillers, anti-anxiety medications and other drugs with psychotropic effects has exploded over the past decade. Many of these medications include warnings for persons who take them with regard…more
| Civil Rights, Labor & Employment Law

EEOC Sues Employer for Allegedly Coercing Employee to Participate in Wellness Program

Employers continue to struggle to understand the Equal Employment Opportunity Commission’s position with regard to their wellness programs. While conceding the lawful use of such programs and the benefits achieved in terms of…more
| Civil Rights, Labor & Employment Law, Health

Employee Taking Protected HIPAA Information Not Protected Under ADEA

The Health Insurance Portability and Accountability Act (HIPAA) requires health care providers and other businesses to protect the confidentiality of certain patient information. Last month in an unpublished decision, the Sixth…more
| Civil Procedure, Civil Rights, Labor & Employment Law, Privacy, Health

Protecting Internal Investigations from Disclosure: Suggested Best Practices

A recent case out of the D.C. Circuit highlights some best practices that can boost the odds that the attorney-client and work product protections will shield internal investigation records. Although not precedential outside the…more
| Business Organizations, Law Practice Products & Services

Don’t Forget About Conflict Minerals

The first wave of Form SD filings has come and gone, leaving us with more insight into supply chains and manufacturing processes than most of us ever wanted, yet much uncertainty about the actual sources of the conflict minerals…more
| Finance & Banking, International Law & Trade, Securities Law

South Carolina Supreme Court Finds Workers' Compensation Covers Employee's Injuries Suffered During Kickball Game

Employers seeking to boost employee morale and encourage team building often encourage or require their employees to attend company outings ranging from annual company picnics to softball games. Although companies intend for…more
| Labor & Employment Law, Worker’s Compensation

Fourth Circuit Indicates That Employer Was Not Required to Provide Reduced Hour FMLA Leave Due to Business Needs

Job-protected Family and Medical Leave does not need to be taken as full-time absences from work. In some circumstances, the employee will request temporarily reduced hours to deal with a medical issue. In others, the employee…more
| Labor & Employment Law

Employer Cannot Force Employee Into Counseling Over Extramarital Workplace Affair

The Americans with Disabilities Act prohibits employers from requiring employees to submit to medical examinations unless the exam is job-related and consistent with business necessity. When an employee begins exhibiting unusual…more
| Labor & Employment Law

Inability to Show Receipt of FMLA Notice Defeats Employer's Summary Judgment Motion

Why do lawyers insist that everything be sent by certified or registered mail? A new case from the Third Circuit Court of Appeals demonstrates how the inability to prove that a required notice had actually been mailed resulted…more
| Labor & Employment Law

Considering a Director Emeritus

Board composition has been a governance focus for a while. In addition, recent pronouncements by ISS and The Council of Institutional Investors have expressed concerns about the impact of lengthy tenures on director…more
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Three Year Interval Between Harassment Complaint and Failure to Promote Did Not Defeat Retaliation Claim

The more time that passes between an employee’s protected actions and alleged retaliation, the weaker the inference that the two incidents are linked. However, as demonstrated by a Seventh Circuit Court of Appeals case issued…more
| Civil Procedure, Civil Rights, Labor & Employment Law

NLRB Turns Its Attention to Corporate Codes of Conduct

Over the past few years, EmployNews has chronicled the National Labor Relations Board’s efforts to declare routine employee handbook policies in violation of the NLRA’s prohibition against restrictions on employees’ ability to…more
| Labor & Employment Law

DOL Updates Procedures for Locating Missing Participants in Defined Contribution Plans

The U.S. Department of Labor recently released Field Assistance Bulletin 2014-01 (the “FAB”), which updates DOL’s guidance on locating missing participants when a defined contribution plan, such as a 401(k) plan, is terminated…more
| Labor & Employment Law, Finance & Banking, Taxation

Creative Shareholder Engagement–Director Videos?

Much has been written lately about the importance of shareholder engagement. (See this Doug’s Note, for example.) There has even been recent clambering to involve directors directly in shareholder engagement…more
| Commercial Law & Contracts, Securities Law

OFCCP Proposes Salary Disclosure Requirements for Federal Contractors

On the heels of a new executive order mandating disclosure of labor violations, earlier this month the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) released proposed rules requiring federal…more
| Civil Rights, Labor & Employment Law, Government Contracting
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Areas of Practice
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Other U.S. Locations
  • D.C.
  • North Carolina
  • South Carolina
Number of Attorneys

100+ Attorneys

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