Parker Poe Adams & Bernstein LLP

Last Minute Write-Up Has Unintended Negative Legal Results

Time and time again, human resource professionals get blank stares when they ask managers for documentation supporting their strong desire to get rid of an employee they consider to be a poor performer. Not having prepared…more
| Labor & Employment Law

NLRB Expands Joint Employer Coverage

On Thursday, the National Labor Relations Board overturned 30 years of precedent, significantly expanding its definition of joint employer coverage under the NLRA. This decision has wide implications, including possible…more
| Commercial Law & Contracts, Franchise Law, Labor & Employment Law

Appeals Court Upholds DOL Changes to Home Care Worker Exemption

In a major defeat for the home health care industry, on August 21, the D.C. Circuit Court of Appeals reversed a lower court decision that had blocked issuance of an interpretation making thousands of currently exempt workers…more
| Health, Labor & Employment Law

Apple’s Tim Cook Versus Regulation FD

According to multiple media sources, an interesting story played out this past Monday when Tim Cook, the CEO of Apple, Inc., responded to an email from Jim Cramer, host of CNBC’s “Mad Money” program. The story serves as a good…more
| Communications & Media Law, Securities Law

Fourth Circuit Says Tip Pooling Rules Only Apply if Employer Claims Tip Credit

Restaurants and some other hospitality industry employers often take advantage of a sub-minimum wage applicable to employees who receive tips as part of their income. In recent years, a number of these employers have been the…more
| Labor & Employment Law

OSHA Seeks to Extend Deadline for Citations Against Employers for Recordkeeping Violations

Once the Occupational Safety and Health Administration opens an investigation of an employer, it has six months to complete the investigation and issue citations. In 2012, the D.C. Circuit Court of Appeals determined that this…more
| Labor & Employment Law

NLRB Says Employer Cannot Suspend Employee for Posting Disciplinary Warning

Over the past several years, EmployNews has reported on dozens of National Labor Relations Board cases expanding the concept of employee rights in even non-unionized workplaces. Earlier this month, the NLRB added to this list by…more
| Labor & Employment Law

Recent DGCL Amendments of Note

The Delaware General Assembly recently amended Delaware’s corporate statutes in several respects of interest to public companies. Boards may delegate stock issuances to non-directors…more
| Business Organizations, Commercial Law & Contracts, Securities Law

First, Do No Harm: Analyzing the Certificate of Need Debate in North Carolina

Much of the debate over whether North Carolina’s Certificate of Need (“CON”) law should be repealed has focused on market theories without a great deal of focus on measurable realities. Ascendient decided to expand the…more
| Health

Federal Judge Rejects Challenge to NLRB Ambush Election Rules

Last year, the Department of Labor issued final rules significantly reducing employers’ ability to administratively challenge petitions for unionization. The rules significantly restrict the grounds on which employers can claim…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

NLRB Says Filing Class Action Lawsuit is Protected Concerted Activity

Section 7 of the National Labor Relations Act prohibits employers from discriminating or retaliating against employees who engage in protected concerted activity. Concerted Activity means actions involving terms and conditions…more
| Labor & Employment Law

Federal Trade Commission Issues Long Awaited Statement On Use Of Standalone Section 5 Authority

In February 2015, Commissioner Joshua Wright of the Federal Trade Commission offered his personal views at the Symposium on Section 5 of the Federal Trade Commission Act, stating that “there is no more important challenge facing…more
| Antitrust & Trade Regulation, Communications & Media Law

State Council Release Draft 2016 Certificate of Need Plan

There has been a lot of discussion about major changes to North Carolina’s Certificate of Need law. As these legislative discussions continue, the State Health Coordinating Council continues its work on next year’s State…more
| Health

Fourth Circuit Rejects "Manager Rule" Exception to Title VII Retaliation Claims

Like most federal labor laws, Title VII of the Civil Rights Act of 1964 prohibits employers from retaliating against employees who oppose unlawful employment practices. However, a number of federal courts have adopted a “manager…more
| Civil Rights, Labor & Employment Law

Pay Ratio Disclosure: Lemonade from Lemons

Well, the SEC’s new pay ratio rules are finally out. We’ve all known they were coming for quite some time, dating all the way back to their origin in 2010—Dodd-Frank’s Section 953(b) mandate—followed by the SEC’s proposed rule…more
| Business Organizations, Commercial Law & Contracts, Labor & Employment Law, Securities Law
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Three Wells Fargo Center 401 South Tryon Street, Suite 3000
Chralotte, NC 28202, United States

  • 704.372.9000
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