Poyner Spruill LLP

The Americans with Disabilities Act (ADA) requires covered employers generally to provide reasonable accommodations to qualified employees with disabilities. The ADA provides, however, that the employee must be able to perform…more

Starting in 2014, provisions of the Patient Protection and Affordable Care Act become effective known as “Pay or Play” or “Employer Shared Responsibility.” Large employers will be faced with the decision whether to offer…more

Since Congress’ enactment of amendments to the Americans with Disabilities Act (ADA) in 2008, making it easier to establish disability status under that law, the EEOC has directed more of its attention to claims of pregnancy and…more

On April 1, 2013, the changes to North Carolina’s construction lien laws enacted in July 2012 became effective. For a general overview of the pertinent changes, please review the articles written by Brian Corbett and Tom Davis…more

Starting in 2014, federal law will prohibit group health plans from imposing eligibility waiting periods longer than 90 days. Recently, federal regulators published proposed regulations designed to implement this limitation…more

In this issue: - What’s In A Word? N.C. Court of Appeals Invalidates Nursing Home Arbitration Clause Based on Language of the Agreement - “The Climb” — NC Activities Directors Win National Award for Their Work in…more

Many nursing homes and assisted living communities commonly include arbitration agreements as part of their admission agreement and documents. Typically, these agreements require residents or their legal surrogates to arbitrate…more

In This Issue: - Key Provisions In the Final Omnibus HIPAA/HITECH Rules and What They Mean for You - NLRB and EEOC May Target Employer Efforts to Keep Employees Quiet During Internal Investigations - The…more

The North Carolina Legislature passed a bill that requires all private employers with more than 25 employees to use the federal online E-Verify program to verify the employment authorization of newly hired employees. The bill,…more

As of March 8, 2013, employers with 50 or more employees are required to post the Department of Labor’s (DOL) new Family and Medical Leave Act (FMLA) notice poster incorporating the recently issued final regulations, which…more

On March 8, 2013, the US Citizenship and Immigration Services (USCIS) published a new I-9 Form. This Form is completed in part by all newly hired employees no later than the first day of employment. The employee must choose and…more

On February 28th the National Collegiate Athletic Association (NCAA) granted the request for Waiver of Legislation submitted by St. John’s University basketball player Orlando Sanchez thus allowing Sanchez eligibility for next…more

The Department of Health and Human Services recently released final regulations modifying the HIPAA Privacy, Security Breach Notification and Enforcement Rules (the “Omnibus Rule”). These regulations have far-reaching effects on…more

The 2012 Tax Relief Act provides an exemption from federal estate tax of $5,250,000 inflation indexed per spouse that is portable between spouses. If the first spouse to die does not use in whole or in part her or his exemption,…more

Lawsuits brought by interns are potentially becoming the next big trend in wage and hour litigation. As we discussed in a recent Alert in December of 2012, although it may be tempting for employers to tap into the large pool of…more