Parker Poe Adams & Bernstein LLP

Fourth Circuit Finds Religious Accommodation Obligation Does Not Require Waiver of Advance Notice Policy

Title VII of the Civil Rights Act requires employers to provide reasonable accommodation of employees’ religious practices. Perhaps the most common accommodation request involves time away from work based on religious…more
| Civil Rights, Labor & Employment Law

Fourth Circuit Follows Salinas Decision With Finding of Joint Employment of Satellite TV Installers

As reported in EmployNews, last month in its Salinas decision, the Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) adopted a new, broader test for determining when two entities are joint…more
| Civil Procedure, Civil Remedies, Labor & Employment Law

NYSE’s Annual Guidance Memo

Earlier this month, the staff of NYSE Regulation issued its annual guidance memorandum, which highlights recent NYSE developments and other points of emphasis for the coming year. This year’s guidance includes nearly twenty…more
| Business Organizations, Securities Law

Seventh Circuit Dismissal Signals Likely End to EEOC's Challenges to Employer-Sponsored Wellness Programs

Several years ago, the Equal Employment Opportunity Commission (EEOC) raised employers’ eyebrows when it filed several lawsuits challenging the validity of employer-sponsored wellness programs. The EEOC contended that such…more
| Labor & Employment Law

The Demise of Pay Ratio Disclosures?

Dating back to their adoption in August 2015, as mandated by Dodd-Frank’s Section 953(b), the pay ratio rules have led a strange existence. For a while, companies generally ignored them because their effective date was so far in…more
| Business Organizations, Securities Law

Second Circuit Rejects Attempt to Prove Equal Pay Violation Through Simple Salary Comparison

The Equal Pay Act prohibits employers from compensation discrimination on the basis of gender. If the employees perform the same or substantially equal work, they should receive comparable pay…more
| Labor & Employment Law

Sales Plans Should Contain Specific Treatment of Trailing Commissions

When we review employee sales commission plans or compensation agreements with sales representatives, the plans generally contain detailed language regarding how commissions are calculated and paid. For example, the plans may…more
| Labor & Employment Law

Seventh Circuit Dismissal Signals Likely End to EEOC’s Challenges to Employer-Sponsored Wellness Programs

Several years ago, the Equal Employment Opportunity Commission (EEOC) raised employers’ eyebrows when it filed several lawsuits challenging the validity of employer-sponsored wellness programs. The EEOC contended that such…more
| Civil Rights, Labor & Employment Law

Harassment of Patients Does Not Give Reporting Employee Cause of Action Under Title VII

Title VII of the Civil Rights Act protects employees against sexual and other types of harassment that result in a hostile and offensive working environment. What happens when the alleged harassment involves customers of the…more
| Civil Rights, Labor & Employment Law

Fourth Circuit Says Construction General Contractor Responsible to Subcontractor's Employees for FLSA Violations

Under the Fair Labor Standards Act (FLSA) and state wage payment laws, employers are responsible for compliance with wage payment requirements. Plaintiffs cannot sue non-employers claiming overtime or minimum wage violations…more
| Commercial Law & Contracts, Construction Law, Labor & Employment Law

Tenth Circuit Rejects EEOC Position on Retroactive Accommodation of Performance Issues

For years, the Equal Employment Opportunity Commission (EEOC) and federal courts have acknowledged that employers do not have to excuse employee disciplinary violations because the employee later attributes such conduct to a…more
| Civil Rights, Labor & Employment Law

More Conflict Minerals Drama

Well, it wouldn’t be February without a “helpful” reminder that Form SD filings are due on May 31st and a new development that casts confusion over the process. This year, the confusion comes in the form of last week’s statement…more
| Business Organizations, Securities Law

340B Mega Guidance Withdrawn

On January 31, 2017, the Health Resources and Services Administration (“HRSA”) withdrew the 340B Program Omnibus Guidance (often referred to as the Mega Guidance). The guidance addressed a number of significant issues under the…more
| Health

Seventh Circuit Affirms FMLA Retaliation Claim Based on Employer Ending Home Working Arrangement

The Family and Medical Leave Act (FMLA) does not require employers to agree to allow employees to work from home based on medical restrictions. The Americans with Disabilities Act may require employers to provide such…more
| Civil Remedies, Civil Rights, Labor & Employment Law

Long-Term, Principles-Based Governance – A New Paradigm

Last August, I wrote about the Commonsense Principles of Corporate Governance recently advocated by a group of executives at thirteen major companies and investor institutions for the purpose of providing “a basic framework for…more
| Business Organizations
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Chralotte, NC 28202, United States

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