Parker Poe Adams & Bernstein LLP

NLRB Says Letting Co-Worker Know About Job Posting is Protected Activity Under Federal Labor Law

Last month, the National Labor Relations Board continued its expansion of legal protections for employees in non-unionized workplaces. In a 2-1 decision, the Board concluded that Section 7 of the NLRA prohibits employers from…more
| Labor & Employment Law

Supreme Court to Determine if Offer of Relief to Named Plaintiff Moots Class Action

Over the past several years, employers defending wage and other class action lawsuits have increasingly used a procedural move intended to defeat the class claim. In these cases, the employer offers complete financial and other…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Constitutional Law, Labor & Employment Law

Federal Court Rejects Challenge to Contractor Labor Posting Requirements

In 2010, President Obama issued Executive Order 13496 requiring federal contractors to post a new notice of employee federal labor rights. Among other things, the posting advised contractors’ employees of their rights to…more
| Civil Procedure, Elections & Politics, Labor & Employment Law, Government Contracting

Traps for the Unwary: A Look at Employees and Benefits in M&A Transactions

Employees drive the success of a company. In fact, in some industries (technology, for example) talent acquisition can be a primary motivation for a transaction. From identifying the target’s key employees, to assessing the…more
| Commercial Law & Contracts, Labor & Employment Law, Finance & Banking, Mergers & Acquisitions, Health

Traps for the Unwary: A Look at Employees and Benefits in M&A Transactions

Employees drive the success of a company. In fact, in some industries (technology, for example) talent acquisition can be a primary motivation for a transaction. From identifying the target’s key employees, to assessing the…more
| Commercial Law & Contracts, Labor & Employment Law, Finance & Banking, Mergers & Acquisitions, Health

The DOJ’s Cyber Incident “Best Practices” Guidance

The Cybersecurity Unit of the U.S. Department of Justice released in April its “Best Practices for Victim Response and Reporting of Cyber Incidents,” which it says reflects “lessons learned by federal prosecutors while handling…more
| Administrative Law, Consumer Protection, Privacy, Science, Computers, & Technology

Telling Harasser to Stop Conduct Protects Employee from Retaliation

Title VII and related federal civil rights laws prohibit employers from retaliating against an employee who files a claim, participates in an investigation or opposes conduct prohibited under anti-discrimination laws. Typically,…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Fourth Circuit Reverses Position on Single Racial Slur as Sufficient to Create Hostile Work Environment

For years, the Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) set a high bar for plaintiffs suing for workplace harassment. The court rejected multiple claims involving obnoxious and crude…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Delay in Calling 911 After Accident Results in Willful OSHA Violation

Last week, the Seventh Circuit Court of Appeals affirmed a willful OSHA citation against an employer that delayed calling for emergency services for 90 minutes after an employee became trapped in a permit-required confined…more
| Administrative Law, Civil Procedure, Worker’s Compensation

Cloud Computing Contracts Top Issues for Healthcare Providers

In this Issue: - Summary - Overview - Cloud - Use - Security - Privacy - Functions - Availability - Performance - Location - Services -…more
| Commercial Law & Contracts, Privacy, Health, Science, Computers, & Technology

North Carolina Business Court Rules Tax on Trust Unconstitutional

The North Carolina Business Court held North Carolina’s taxation of a trust unconstitutional in Kaestner v. North Carolina Department of Revenue. N.C. Gen. Stat. § 105-160.2 imposes a tax on the undistributed income of a trust…more
| Civil Procedure, Constitutional Law, Taxation, Wills, Trusts, & Estate Planning

Do Your Employee Confidential Information Agreements Protect Your Social Media Assets?

Employers routinely execute confidential information agreements with key employees. These agreements prohibit the employee from using or otherwise disclosing the employer’s confidential and proprietary business information…more
| Business Organizations, Labor & Employment Law, Intellectual Property

Federal Court Won't Block NLRB Ambush Election Rules

Last month, the federal district court judge assigned multiple legal challenges to new National Labor Relations Board election rules, declined to issue an injunction to stop the rules from going into effect. The regulations,…more
| Labor & Employment Law

Supreme Court to Decide When Limitations Period Begins Running for Constructive Discharge Discrimination Claims

Green v. Donahoe involves a Postal Service worker who alleges that he was forced to choose between retirement and a demotion and transfer to another position. The plaintiff quit several months after being given this choice, and…more
| Civil Procedure, Civil Rights, Labor & Employment Law

$400 Million Surplus Could Trigger Corporate Tax Rate Reduction

North Carolina state officials have announced a projected $400 million revenue surplus for the current fiscal year. The anticipated surplus is mainly due to higher income tax payments and lower refunds compared to last year…more
| Commercial Law & Contracts, Elections & Politics, Taxation
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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
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Locations
Other U.S. Locations
  • D.C.
  • North Carolina
  • South Carolina
Number of Attorneys

100+ Attorneys

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