Parker Poe Adams & Bernstein LLP

EEOC Requires Employer to Provide Restroom Access to Transgendered Employee Based on Gender Identity

Many employers and municipalities across the U.S. are considering changes to laws and rules governing access to restroom facilities by transgendered persons. Employers can struggle balancing the interests of transgendered…more
| Civil Rights, Labor & Employment Law

EEOC Issues Proposed Rules for Wellness Program Compliance Under the ADA

Employer-sponsored wellness programs attempt to control medical costs and improve employee health by incentivizing certain behaviors through medical monitoring, disease prevention strategies and other activities. Over the past…more
| Civil Rights, Labor & Employment Law, Health

Eighth Circuit Says Effects of Obesity on Kidney Functions Not FMLA Serious Health Condition

Federal courts rarely hear litigation over the question of whether an employee’s medical condition rises to the level of a Serious Health Condition (SHC) under the Family and Medical Leave Act. The bar for demonstrating a SHC is…more
| Civil Procedure, Civil Rights, Labor & Employment Law

NC Foreclosure Statute of Limitations – A Tale of “Zombie” Deeds of Trust?

Let’s face it. Zombies are everywhere. I can’t seem to pass a movie theater or flip a TV channel without seeing or hearing something about them. So of course they were top of mind when I read the North Carolina Court of Appeals’…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

Are You in Compliance? Effect of Exclusion from Participation in Medicare and Medicaid

The Office of Inspector General’s (“OIG”) recent release of OIG Advisory Opinion No. 15-02 is an important reminder that providers must be vigilant in complying with prohibitions against receiving payment for items or services…more
| Health, Government Contracting

OIG Releases Joint Guidance for Health Care Boards

Yesterday, the Office of Inspector General (“OIG”) published “Practical Guidance for Health Care Governing Boards on Compliance Oversight.” The guide is intended as an educational resource for the boards of healthcare entities…more
| Administrative Law, Business Organizations, Health

ALJ Nixes Hospital's Broad English-Only Rule Under NLRA

For years, the Equal Employment Opportunity Commission has cautioned employers against adopting strict English-only rules in the workplace. The EEOC considers such policies to constitute race and/or national origin…more
| Administrative Law, Civil Rights, Labor & Employment Law, Health

Seller of Business is Special Circumstance That Justified Termination Following Expiration of Contract

When a small business is sold, the purchaser often agrees to hire the former owner. The buyer wants to retain the seller’s expertise and experience, and the salary paid to the seller can make up part of the purchase price…more
| Business Organizations, Civil Rights, Commercial Law & Contracts, Labor & Employment Law

Sixth Circuit Rejects EEOC's Demand for Telecommuting as ADA Accommodation

Last year, a panel of the Sixth Circuit Court of Appeals held 2-1 that the Americans with Disabilities Act required Ford Motor Company to allow a buyer with irritable bowel syndrome (IBS) to possibly telecommute up to four days…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Look Out for Meaningful Use Audits by the Office of Inspector General

The Medicare and Medicaid Electronic Health Care Record (“EHR”) Incentive Program (commonly referred to as “Meaningful Use”) provides incentive payments to eligible physicians and hospitals for adopting, implementing, upgrading,…more
| Health

Two Oft-Neglected Cybersecurity Protections

With each passing year, cybercrime moves further into the mainstream of public company existence. What until recently was mostly an annoying, abstract concern for a handful of companies is now a daily menace that impacts every…more
| Business Organizations, Criminal Law, Privacy, Insurance, Science, Computers, & Technology

Deceased Employee's ADA Claim Becomes Property of Estate

What happens when a plaintiff pursuing a disability discrimination claim under the Americans with Disabilities Act dies during administrative or judicial review? Are the claims of such a personal nature that they expire along…more
| Civil Procedure, Civil Rights, Labor & Employment Law, Wills, Trusts, & Estate Planning

NLRB Rejects Profane Employee Facebook Rant as Grounds for Termination

For decades, the National Labor Relations Board has recognized boundaries on employees’ rights to engage in activity protected under federal labor laws. While employees have been granted leeway to engage in heated or moderately…more
| Labor & Employment Law

SEC Says Employer's Confidentiality Agreement Violates Dodd-Frank

Employers paying severance to separated employees usually require written release agreements that include a confidentiality provision. The employee is prohibited from disclosing the existence of the agreement, or from discussing…more
| Administrative Law, Business Organizations, Commercial Law & Contracts, Labor & Employment Law, Securities Law

NLRB General Counsel Releases Memo on Employee Handbook Conflicts With Employee Concerted Activity Rights

Over the past several years, EmployNews has reported dozens of cases involving challenges by the National Labor Relations Board’s Office of the General Counsel to what appeared to be standard employee handbook provisions. In…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
  • 704.334.4706

Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
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Locations
Other U.S. Locations
  • D.C.
  • North Carolina
  • South Carolina
Number of Attorneys

100+ Attorneys

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