Poyner Spruill LLP

Nationwide Injunction Issued to Block DOL’s Final Overtime Rule

On November 22, 2016, a federal judge in Texas issued an injunction that will prevent the United States Department of Labor’s new overtime regulations from taking effect on December 1, 2016. The DOL issued its Final Rule in May…more
| Labor & Employment Law

Update on ACA Reporting (Forms 1095-C and 1094-C) – Round Two

The Internal Revenue Service just issued Notice 2016-70 granting certain transitional relief in regards to 2016 ACA reporting requirements. In particular this Notice: - Postpones the due date to provide 2016 Form 1095-C…more
| Health, Labor & Employment Law, Taxation

Termination of Employee for FMLA Abuse Affirmed by Fourth Circuit

FMLA abuse is an increasing problem oftentimes leaving employers searching for options. However, the Fourth Circuit Court of Appeals gave employers a win in Sharif v. United Airlines, Inc., when it affirmed an employer’s…more
| Civil Procedure, Labor & Employment Law

The Nation's First Cryptocurrency Law: A Chat With North Carolina’s Commissioner of Banks

North Carolina made history when it passed the nation’s first law addressing issues surrounding blockchain and virtual currency. NC Privacy Law Blog recently sat down for a conversation with the man whose office played a key…more
| Communications & Media Law, Finance & Banking, Science, Computers, & Technology

The Day After: What The Election Tells Us About Big Data

The Dewey-Beats-Truman results of last night show the current limits of Big Data and Predictive Analytics. It is an unquestioned maxim that personal data is the new oil of the digital economy. Given enough information about…more
| Elections & Politics, Privacy, Science, Computers, & Technology

ACA Reporting (Forms 1095-C and 1094-C) – Round Two

One of the greatest things about year-end is the hope and excitement of a brighter new year around the corner. In the midst of this holiday season — and no doubt as a present to us all — the Internal Revenue Service has released…more
| Business Organizations, Labor & Employment Law, Taxation

"They Can't Do That To Our Pledges; Only We Can Do That To Our Pledges”: Admiral, Big Data, Privacy, and The Internet of Things

Anyone who has ever bought insurance, resented the premium, contested a claim denial, or piled up hours and papers dealing with insurers would welcome anything that promised to lower their rates. Admiral, a British insurer…more
| Communications & Media Law, Insurance, Labor & Employment Law, Privacy, Science, Computers, & Technology

Is There A Right To Facebook In The Constitution? North Carolina Cyberlaw Goes To The United States Supreme Court.

The Supreme Court of the United States has just agreed to the hear Packingham v. United States. The grant of certiorari reflects the increasing integration of cyberlaw with mainstream constitutional litigation. Packingham, which…more
| Civil Procedure, Communications & Media Law, Constitutional Law

Why The Election Can’t Be Hacked: Internet Of Things Edition.

In our consulting days, a former boss – a retired Army Colonel – enjoyed sharing his Cold War recommendation for protecting sensitive documents from the KGB: fill up a fleet of tractor-trailers with every U.S. government…more
| Elections & Politics, Privacy, Science, Computers, & Technology

Failing to Properly Classify Workers as Employees vs Independent Contractors: Pay Me Now or Pay Me Later - Common Legal Mistakes Made by Small Business Owners

Pay Me Now or Pay Me Later is a series of short tips on common legal mistakes small business owners make. Tip # 5 Properly Classify Workers as Employees versus Independent Contractors…more
| Labor & Employment Law

Five Highlights from OCR Guidance On HIPAA Compliance In Cloud Computing

The Department of Health and Human Services’ Office of Civil Rights (OCR) has issued guidelines for HIPAA-covered entities that utilize cloud computing in processing electronic protected health information (ePHI). The increased…more
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EEOC Reveals Priorities in Updated Strategic Enforcement Plan

On October 17, 2016, the Equal Employment Opportunity Commission (EEOC) approved its updated Strategic Enforcement Plan (SEP) for Fiscal Years 2017-2021. The SEP reflects the EEOC’s “continued commitment to focus efforts on…more
| Civil Rights, Labor & Employment Law

Supreme Court Allows Early Challenges to Wetlands Jurisdictional Determinations

The U.S. Supreme Court has ruled that a property owner can go to court to challenge a determination by the Army Corps of Engineers (Corps) that part of the property is “waters of the U.S.” or connected wetlands and therefore…more
| Civil Procedure, Civil Remedies, Energy & Utilities, Real Estate - Residential, Zoning, Planning & Land Use

The States Also Rise: Recent Settlements Illustrate Potential Pitfalls Regarding Children’s Privacy Laws

Earlier this summer, we highlighted a settlement where the FTC proposed its largest fine to date under the Children’s Online Privacy Protection Act (COPPA) against software maker InMobi. The InMobi settlement attracted attention…more
| Antitrust & Trade Regulation, Consumer Protection, Privacy

Are You Liable for Your Temp’s Safety?

The Occupational Safety and Health Administration (OSHA) has released new guidelines emphasizing the requirement employers treat temporary workers the same as existing employees with respect to workplace safety. These…more
| Labor & Employment Law
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Contact

301 Fayetteville Street, Suite 1900
Raleigh, North Carolina 27601 , United States

Contact: Jackie Spivey

  • 919.783.6400

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