Parker Poe Adams & Bernstein LLP

Confederate Flag License Plate Does Not Create a Hostile Work Environment Based on Race

The recent tragic shooting in Charleston reignited debate nationwide regarding the appropriateness of public displays of the Confederate battle flag. Earlier this year, the Tenth Circuit Court of Appeals determined that a…more
| Civil Rights, Labor & Employment Law

Fourth Circuit Says Host User of Temporary Employee Liable for Title VII Violations

Most employers using temporary workers from an employment agency assume that they are liable as employers for certain legal claims. While a reasonable assumption, until last week, this status had never been formally recognized…more
| Civil Procedure, Civil Rights, Commercial Law & Contracts, Labor & Employment Law

Fourth Circuit Says Placing Employee on PIP Not Discrimination Under Title VII

Employers routinely use Performance Improvement Plans (PIPs) to notify employees of job performance issues. If an employee believes that they have unfairly been placed under a PIP, can this form the basis for an employment…more
| Civil Rights, Labor & Employment Law

DOL Issues Warning to Companies Misclassifying Employees as Independent Contractors

Employer misclassification of employees as contractors has filled recent newspaper articles and caught the attention of legislators in the Carolinas and beyond. Last week, the federal Department of Labor entered the fray,…more
| Labor & Employment Law

Employer Potentially Liable for Harassment of Supervisor by Her Subordinates

Employers are well aware of their potential liability for workplace harassment claims involving co-workers or third parties. They also understand their heightened legal responsibility when the alleged harasser is the complaining…more
| Civil Rights, Law Firm Marketing

EEOC Issues Overview on LGBT Rights Under Title VII

As reported in EmployNews, over the past year the Equal Employment Opportunity Commission has aggressively shifted its position on the extent of coverage of LGBT workers under Title VII. In federal employee cases where the EEOC…more
| Civil Rights, Labor & Employment Law

What is Crowdfunding Anyway?

Rarely has a capital markets concept been more ambiguous, and potentially more confusing, than crowdfunding. It seems that everyone has his or her own definition, which sometimes varies depending on the circumstances…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law

Three Post-Proxy-Season Thoughts

For many companies, the period between Independence Day and Labor Day is a good time to absorb the lessons of the spring proxy season and to catch a corporate breath before the stretch run to the end of the year. With that in…more
| Business Organizations, Securities Law

American Wind Energy Association Seeks Revisions to Generator Interconnection Rules

On June 19, 2015, the American Wind Energy Association (“AWEA”) filed a petition with the Federal Energy Regulatory Commission (“FERC”) for a rulemaking to revise the FERC’s pro forma Large Generator Interconnection Procedures…more
| Energy & Utilities

NLRB Says Employers Cannot Ask Employees Not to Discuss Internal Investigation

When conducting an internal investigation involving possible disciplinary violations, employers often ask participants in the investigation to maintain its confidentiality pending completion. Last month, the National Labor…more
| Labor & Employment Law

Second Circuit Rejects DOL Test on Intern Pay

Over the past several years, employment lawyers have cautioned their clients with regard to legal risks involved with unpaid internships. As these internships rose in popularity, many of the arrangements failed to meet…more
| Labor & Employment Law

Fifth Circuit Sanctions DOL for Frivolous Claims Against Employer

Employers involved in recent years in legal disputes with the federal government have noticed an increasingly aggressive litigation posture taken by federal agencies. The government makes extraordinary settlement demands, or…more
| Civil Procedure, Civil Remedies, Labor & Employment Law

The SEC Considers Updating Audit Committee Disclosures

The SEC recently published a concept release seeking comment on the need for new audit committee disclosures. This follows on the heels of recent PCAOB pronouncements and proposals regarding audit engagement partner disclosures…more
| Business Organizations, Securities Law

It Just Got Harder to Get a Deficiency Judgment in North Carolina

Ya’ll. (I’m in the South so it’s ok to say “ya’ll” even in a legal update). It shouldn’t be that hard to get a deficiency judgment in North Carolina. To start with, unlike some other states, North Carolina does not have a…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial, Real Estate - Residential

DOL Proposed Overtime Rules Raise Possibility of Expansion of Computer Professional Exemption

Last week’s announcement by the Department of Labor of proposed changes to its Part 541 overtime exemption rules appropriately focused on the huge increase to the salary test required for exempt employees. Buried within the…more
| Labor & Employment Law, Science, Computers, & Technology
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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
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Locations
Other U.S. Locations
  • D.C.
  • North Carolina
  • South Carolina
Number of Attorneys

100+ Attorneys

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