Parker Poe Adams & Bernstein LLP

North Carolina Court Again Narrows Scope of Post-Employment Restrictions

Last week’s EmployNews reported a Fourth Circuit Court of Appeals decision applying North Carolina law that invalidated an employment non-competition clause due to what it viewed as the overreaching scope of the restrictions…more
| Business Torts, Commercial Law & Contracts, Labor & Employment Law

Health Plan Case Managers Entitled to Overtime Pay

Managed care companies help insurers and government programs coordinate healthcare plans by making coverage determinations for participants. In many situations, case managers conduct utilization reviews to determine the medical…more
| Civil Remedies, Health, Insurance, Labor & Employment Law

NLRB Says General Conflict of Interest Policies Violate Federal Labor Law

Another week, another National Labor Relations Board decision concluding that a standard employee handbook policy violates employees’ rights to engage in protected concerted activity under Section 7 of the NLRA. This time, the…more
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Smith v. D.R. Horton, Inc.: The End of Arbitration for Residential Developers and Builders in South Carolina?

Mark Twain famously wrote that the reports of his death were exaggerated. Following the South Carolina Supreme Court’s decision in Smith v. D.R. Horton, Inc. last month, you may have heard arbitration is dead for South Carolina…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Construction Law

CBCA Provides Guidance on the Meaning of the Implied “Good Faith” Requirement in Government Contracts

Implied in every government contract is a requirement of “good faith and fair dealing” regardless of whether the written terms state such a requirement. Therefore, contractors should be careful to avoid conduct that the written…more
| Government Contracting

The SEC Nixes Contractual Waivers of Whistleblower Recoveries

In April 2015, the SEC announced in a first-of-its-kind enforcement action that certain KBR, Inc. confidentiality agreements violated the whistleblower protections of the Dodd-Frank Act by requiring employees and former…more
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Don't Use Form Non-Compete with North Carolina Employees

Most states allow judges to “reform” provisions of employee non-competition agreements deemed overbroad. For example, if the court believes that a 100-mile territorial restriction is too broad, it can reduce the radius to 50…more
| Civil Procedure, Labor & Employment Law

D.C. Circuit Upholds NLRB Position on Illegal Handbook Policies

Over the past several years, the National Labor Relations Board has repeatedly declared standard employee handbook policies illegal because it considered them to violate employees’ rights to engage in protected concerted…more
| Labor & Employment Law

New Massachusetts Law Prohibits Employers from Asking Applicants About Salary History

Earlier this month, Massachusetts’ Republican governor signed into law a bipartisan bill requiring employers to pay men and women equally for similar work. The law’s basic requirement is one in place in many states and under…more
| Civil Rights, Labor & Employment Law

Eighth Circuit Holds Asset Purchaser Liable for Failure to Provide WARN Notice to Seller's Employees

In a typical corporate transaction, the parties structure the deal as an asset purchase, whereby the buyer purchases essentially all of the company’s property, equipment, goodwill, customer lists, etc. If the asset purchase…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law, Mergers & Acquisitions

The Rise of Principles-Based Corporate Governance

In late July, executives at thirteen major companies and investor institutions published and widely advertised their “Commonsense Principles of Corporate Governance” for public companies, boards of directors and shareholders…more
| Business Organizations, Securities Law

Federal ALJ Says Ban on Conducting Personal Business in Handbook Violated NLRA Rights

The National Labor Relations Board continues its assault against standard employment policies considered to interfere with employee rights. This time, a federal administrative law judge accepted the Board counsel’s argument that…more
| Administrative Law, Labor & Employment Law

Focus on Incentive Pay Practices?: A Message from the Regulators

Incentive pay is an important part of compensation packages. It allows employers to reward those employees who perform well (and show those employees who do not that under-performing will have negative consequences)…more
| Business Organizations, Labor & Employment Law, Finance & Banking, Securities Law

Seventh Circuit Says Title VII Does Not Protect Against Discrimination Based on Sexual Orientation

On July 29, the Seventh Circuit Court of Appeals handed the EEOC a major setback, concluding that Title VII does not protect employees against employment discrimination based on sexual orientation. In Hively v. Ivy Tech…more
| Civil Rights, Labor & Employment Law

New Nasdaq Disclosure Requirement–Third-Party Payments to Directors

Effective August 1, 2016, new Nasdaq Rule 5250(b)(3) requires Nasdaq-listed companies to disclose the material terms of all agreements and arrangements between a director or director nominee and a third party related to…more
| Business Organizations, Securities 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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