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

Fourth Circuit Says Verbal Conduct Can Rise to Level of Actionable Harassment

Not all offensive conduct in the workplace rises to the level of an actionable sexual harassment claim. Federal courts have repeatedly held that in order to cross the line into an offensive working environment, the conduct must…more
| Civil Rights, Labor & Employment Law

Federal Judge Invalidates DOL's Revised Definition of Companionship Services

In the January 2 edition, EmployNews reported that a federal district court in Washington vacated provisions of new Department of Labor regulations that would have excluded employees of companies providing elder care services…more
| Labor & Employment Law, Health

Certificate of Need Opportunities in 2015

While many of us were shopping for last-minute gifts for our families, Governor McCrory was busy approving the 2015 State Medical Facilities Plan (“SMFP”). The SMFP is a document created annually by the State Health Coordinating…more
| Health

A Cautionary Tale – The Need for Bank Oversight on Collateral Releases

Beware!! The story brought to us today courtesy of the Second Circuit Court of Appeals (In re: Motor Liquidation Co., 13-2187) is one that should strike fear into the hearts of all bankers and lawyers. It is a cautionary tale of…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking

Employee's Resignation in Midst of Interactive Accommodation Process Dooms ADA Claim

Employers understand that in the event that an employee requests a workplace accommodation due to a disability, they are legally required to explore the accommodation with the employee through the “interactive process.” Failure…more
| Civil Rights, Labor & Employment Law

SEC Reverses Course on Proxy Exclusions for Certain Shareholder Proposals

Much is being made of the January 16th statement by SEC Chair Mary Jo White regarding a company’s ability to exclude a shareholder proposal from its proxy statement based on Rule 14a-8(i)(9), which allows exclusion when a…more
| Commercial Law & Contracts, Science, Computers, & Technology

BCBSNC Release of Data

After objecting to the release of hospital reimbursement rates mandated under North Carolina’s Health Care Cost Reduction and Transparency Act of 2013 (NCGS Section 131E-214.5), Blue Cross Blue Shield of North Carolina released…more
| Health, Insurance

Employee's Delay and Employer's Prompt Response Undermine Liability for Sexual Harassment

The U.S. Supreme Court’s Faragher and Ellerth decisions imposed vicarious liability on employers for sexual harassment engaged in by supervisors. This means that in most cases, the employer is liable for the harassment whether…more
| Civil Rights, Labor & Employment Law

Sexualized Conduct Absent Sexual Desire Not Actionable Harassment Under Title VII

In its Oncale decision, the U.S. Supreme Court agreed that same sex sexual harassment is actionable under Title VII. However, the Court qualified this decision by stating that the harassment must be motivated by sexual desire,…more
| Civil Rights, Labor & Employment Law

Plaintiffs' Class Action Claims Target Background Checks

Earlier this week, the arts and crafts retailer Michael’s Stores, Inc. received notice of a new class action lawsuit challenging its use of applicant background checks. The lawsuit alleges that the retailer failed to provide…more
| Civil Rights, Criminal Law, Labor & Employment Law

Think Twice Before Firing an Employee for Facebook Posts

Social media continues to play an important role in all aspects of a company’s internal and public communications. Companies are utilizing social media to make SEC disclosures, coordinate targeted advertising and marketing…more
| Communications & Media Law, Labor & Employment Law, Securities Law

The $10,000 Access Clause

This paragraph (or some variation) finds its way into lots of contracts when one or both of the parties to the contract are participants in the health care industry..…more
| Commercial Law & Contracts, Health

Reminder: New OSHA Recordkeeping Rules Took Effect January 1

The federal Occupational Safety and Health Administration’s revised illness and injury regulations took effect January 1 for employers in states with federal OSHA enforcement. States with their own OSHA enforcement programs…more
| Administrative Law, Construction Law, Labor & Employment Law

More Forum Selection Affirmation from Delaware

An interesting Delaware Supreme Court decision just before the holidays may have escaped many people’s attention. In United Technologies Corp. v. Treppel, the Court concluded in the context of stockholder inspection rights that…more
| Business Organizations, Commercial Law & Contracts

DOJ Says Gender Identity Discrimination Violates Title VII

Over the past several months, EmployNews reported a growing trend of claims alleging that discrimination on the basis of sexual orientation and transgendered status violates Title VII if the alleged conduct involves gender…more
| Administrative Law, Civil Rights, Labor & Employment Law, Government Contracting
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Areas of Practice
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Other U.S. Locations
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  • North Carolina
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Number of Attorneys

100+ Attorneys

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