Buying and selling the stock or assets of a business is a complicated process. There are always a number of issues to consider. It is critical that proper attention is given to employment and benefits matters....more
Join us in person or virtually on Wednesday, February 7 for an All-Day Employment and Employee Benefits Seminar. You’ll hear from Poyner Spruill attorneys about trending topics in employment and employee benefits. We aim to...more
1/23/2024
/ Artificial Intelligence ,
Breastfeeding ,
Continuing Legal Education ,
Diversity ,
Drug Testing ,
Employee Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Opportunities ,
Events ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
NLRB ,
North Carolina ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Protected Concerted Activity ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Remote Working ,
SECURE Act ,
Unions ,
Wage and Hour
With a weakening economy, many employers are now facing tough cost reduction decisions, which include possible separation of employees. Once it is decided to implement a reduction in force, the employer must make a further...more
President Biden’s Administration, including the United States Department of Labor (DOL), have clearly expressed their belief that the minimum salary employers are required to pay to their exempt employees needs to be...more
Many employers establish wellness programs for their employees and hire third-party vendors to administer them. A recent North Carolina case highlights why employers should have counsel review any wellness program, including...more
With the tremendous increase in telework, employers have had to face a number of new issues, including properly compensating their employees. Fortunately, the United States Department of Labor Wage and Hour Division (“DOL”)...more
The United States Department of Labor (“DOL”) investigates complaints of alleged violations of the Fair Labor Standards Act (“FLSA”), including possible misclassification of an employee as an independent contractor. A finding...more
Employers are rightfully concerned about the possibility of their employees asserting claims related to COVID-19 against them. This employer alert will address potential claims asserted under the North Carolina Retaliatory...more
The use of CBD (Cannabidiol) products has become very popular throughout the country. In addition, the laws relating to use of hemp plant products are rapidly evolving. As a result, the United States Department of...more
3/3/2020
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Commercial Truck Drivers ,
Controlled Substances ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Department of Transportation (DOT) ,
Drug Testing ,
Employer Liability Issues ,
Food and Drug Administration (FDA) ,
Trucking Industry ,
Trucking Regulations
The Federal Motor Carrier Safety Administration (FMCSA) has established the CDL Drug and Alcohol Clearinghouse (Clearinghouse). The Clearinghouse is a database, which will contain information related to violations of the US...more
On February 21, 2019, the EEOC proposed a rule to expand the use of its electronic portal; clarification of the meaning of a “No Cause” dismissal and the filing deadline for a charge, which is filed in a state with a deferral...more
The Second Circuit Court of Appeals recently issued an opinion in Zarda v. Altitude Express and held that Title VII provides protection from discrimination and harassment because of an individual’s sexual orientation. The...more
On April 28, 2017, the U.S. Senate voted 60-38 to approve Alex Acosta as the new Secretary of Labor of the U.S. Department of Labor. Secretary Acosta is currently serving as the Dean of the Florida International University...more
In a recently filed lawsuit, Equal Employment Opportunity Commission v. CRST International Inc. and CRST Expedited Inc., the EEOC alleges that CRST violated the Americans With Disabilities Act (“ADA”) by denying an...more
Just when you thought things couldn’t get much worse for skilled nursing facility providers in terms of civil money penalties and other survey sanctions, it did. All of a sudden, we’ve noticed in our practice a marked uptick...more
On May 18, 2016, the United States Department of Labor (DOL) published its Final Rule (Final Rule) updating overtime regulations under the Fair Labor Standards Act. The DOL proposed a Final Rule in June 2015 and asked for...more
When counseling a new client, I normally ask if they have a written drug and alcohol testing policy. If the company is fairly large, it normally has such a policy. I do, however, occasionally receive a response from smaller...more
On June 1, 2015, the United States Supreme Court issued its opinion in EEOC v. Abercrombie & Fitch Stores in which it held that a job applicant can experience religious discrimination under Title VII of the Civil Rights Act...more
6/23/2015
/ Abercrombie & Fitch ,
Disparate Treatment ,
Dress Codes ,
EEOC v Abercrombie ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Religious Accommodation ,
Religious Clothing ,
Religious Discrimination ,
SCOTUS
The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a statistical report in regard to its performance during its fiscal year 2014. The EEOC is the federal agency that enforces Title VII, the ADA, and other...more
Media outlets throughout the country have recently reported that it appears there was little to no oversight to ensure contractors, which were working on projects receiving federal stimulus money, were not misclassifying...more
On March 6, 2014, in an effort to answer questions about how federal employment discrimination law applies to religious dress and grooming practices, the U.S. Equal Employment Opportunity Commission (EEOC) issued a...more
On November 12, 2013, Senator Bob Casey introduced a bill in the U.S. Senate entitled the “Payroll Fraud Prevention Act of 2013.” The act is aimed at reducing the misclassification of employees as independent contractors....more
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...more
Students of all ages seek out desirable unpaid internships. An internship gives the individual valuable experience in a potential chosen field of employment and could possibly lead to a job offer. Recently, a movie production...more