To be insured against a loss or some other event, we pay premiums to an insurance company. If a loss or triggering event actually occurs, we expect our insurance company to compensate us according to our insurance policy....more
Sometimes, the only constant is change. This New Year is no different. In 2023, we saw several developments in labor and employment law, including federal and state court decisions, regulations, and administrative agency...more
1/4/2024
/ Anti-Harassment Policies ,
Classification ,
Department of Labor (DOL) ,
Employment Terms ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Exemptions ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Independent Contractors ,
Minimum Salary ,
NLRB ,
Notice of Proposed Rulemaking (NOPR) ,
OSHA ,
Over-Time ,
Proposed Rules ,
Threshold Requirements
At Ward and Smith’s recent annual Employment Law Symposium, two attorneys from the firm’s labor and employment group, Grant Osborne and X. Lightfoot, interviewed Shannon Meares, a regional attorney with the National Labor...more
Employment practices liability insurance (commonly known as "EPLI") coverage is a critical and necessary tool in any employer's toolbox because such policies can help cover significant legal costs and damages associated with...more
As of June 27, 2023, the Pregnant Workers Fairness Act (PWFA) is in effect.
The PWFA requires covered employers to provide employees with reasonable accommodations related to pregnancy, childbirth, or related medical...more
It is no hidden secret that many employers use various restrictive covenants to protect their trade secrets, confidential information, goodwill, and customer relationships.
For example, employers often use non-compete...more
12/6/2022
/ Choice-of-Law ,
Confidential Information ,
Contract Terms ,
Cross-Border ,
Employment Contract ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Remote Working ,
Restrictive Covenants ,
Trade Secrets ,
Venue
On October 20, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released an updated version of its mandatory workplace poster that informs employees of their rights and protections....more
Mandatory Arbitration and Class Action Waivers for Sexual Harassment or Sexual Assault Prohibited In Any Pre-Dispute Agreement -
We often encounter template employment agreements that have not been revised for years or...more
On January 13, 2022, in a 6-3 per curiam opinion in NFIB v. OSHA, the United States Supreme Court ordered the OSHA ETS be stayed pending disposition of the matter at the Sixth Circuit Court of Appeals.
Large Employer...more
This week (specifically June 15, 2021) marked the one-year anniversary of the U.S. Supreme Court's landmark decision in the case of Bostock v. Clayton County, which outlawed sexual orientation or transgender status employment...more
6/18/2021
/ Bostock v Clayton County Georgia ,
Civil Rights Act ,
Corporate Counsel ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Hiring & Firing ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII
According to North Carolina Governor Roy Cooper, the most important reopening during the COVID-19 pandemic is our state's schools.
However, "schools will look a lot different this year." While the decision to allow limited...more
7/27/2020
/ Charter Schools ,
Child Care ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Employer Responsibilities ,
Governor Cooper ,
Public Health ,
Public Schools ,
Re-Opening Guidelines ,
Remote Learning ,
School Closures ,
School Districts ,
Social Distancing
The world continues to combat the devastating COVID-19 global pandemic. Many businesses have been forced to lay off and/or furlough untold numbers of valued employees. Still, many employers are able to continue operating, if...more
On March 18, 2020, Congress passed the Families First Coronavirus Response Act ("FFCRA") to address some of the effects COVID-19 has caused in workplaces across the country.
As we have written previously, the U.S....more
We have written previously about the U.S. Department of Labor's ("USDOL") informal guidance and FAQs addressing compliance with the Families First Coronavirus Response Act ("FFCRA").
While we are adjusting to our...more
The U.S. Department of Labor ("USDOL"), however, recently posted new "guidance" on its Questions and Answers web page, asserting that "health care provider" has two different meanings under the FFCRA. Based on the most recent...more
On March 18, 2020, the Equal Employment Opportunity Commission ("EEOC") published its "Q&A About the ADA, the Rehabilitation Act, and COVID-19."
The Q&A confirms much of what we gleaned from previous EEOC guidance regarding...more
On January 12, 2020, the United States Department of Labor ("USDOL") Wage and Hour Division announced a final rule regarding joint employment under the Fair Labor Standards Act ("FLSA"), to be published on January 16 of this...more
The questions we receive as labor and employment attorneys vary based on many factors such as organizational changes a business is experiencing, new laws or regulations that affect employer obligations, and certain trends in...more
5/7/2019
/ Americans with Disabilities Act (ADA) ,
Employee Rights ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Human Resources Professionals ,
NLRA ,
NLRB ,
Paid Leave ,
Public Accommodation ,
Reasonable Accommodation ,
Wage and Hour
One month after North and South Carolina experienced the devastating effects of Hurricane Florence, many people and businesses are still suffering from the effects.
The businesses that were not affected or have since...more
Recently the North Carolina Court of Appeals issued a controversial, but unanimous decision requiring the University of North Carolina at Chapel Hill ("UNC-CH") to release its students' sexual assault disciplinary...more
6/8/2018
/ Colleges ,
Criminal Investigations ,
Disclosure Requirements ,
Educational Institutions ,
FERPA ,
Gender-Based Violence ,
Public Records ,
Rape ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
State and Local Government ,
Students ,
Title IX ,
Universities
Recent Views from the EEOC Charlotte District Office -
Thomas M. Colclough, Deputy District Director of the Equal Employment Opportunity Commission (EEOC) Charlotte District, spoke on October 6th at Ward and Smith's Labor...more