Parker Poe Adams & Bernstein LLP

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Three Wells Fargo Center
401 South Tryon Street, Suite 3000
Chralotte, NC 28202, United States
Phone: 704.372.9000
Fax: 704.334.4706
Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Commercial Law & Contracts
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
See more
Locations
Other U.S. Locations
  • D.C.
  • North Carolina
  • South Carolina
Number of Attorneys
100+ Attorneys

Make Sure FMLA Forms Mailed to Employees Can Be Traced

Here is a nightmare scenario for human resources: The company sends an employee absent from work the required Family and Medical Leave medical certification form via regular mail. The employee fails to return the form within the…more
 /  Labor & Employment Law

Federal Legislation Would Pre-empt State and Local Laws in Return for Guaranteed Paid Leave

On November 2, Republican congresswomen introduced legislation that would relieve employers from the growing patchwork of state and local paid employee leave laws in return for their guarantee of certain paid benefits. The…more
 /  Conflict of Laws, Labor & Employment Law

USERRA Requires Bonus Payment to Reservist Who Missed Training

The Uniformed Services Employment and Reemployment Rights Act (USERRA) imposes on employers the strictest requirements of any federal leave law. Reservists, National Guard members, and other employees who leave work for active…more
 /  Labor & Employment Law

As Medicare Audit Season Approaches, an Update on the Appeals Backlog

The federal government recently awarded new contracts for Medicare recovery audits, and recovery audit contractors (“RACs”) will start showing up at hospitals, home health providers, and other facilities any time. But this…more
 /  Government Contracting, Health

The SEC’s Disclosure Modernization Proposals

Recent proposed rules to modernize and simplify SEC disclosure requirements have gotten a lot of attention. You may recall that the Fixing America’s Surface Transportation (FAST) Act of 2015 directed the SEC to issue a report…more
 /  Business Organizations, Securities Law

Federal Courts Uphold Employer Notification Requirements for FMLA Absences

In its last round of Family and Medical Leave Act rule revisions, the Department of Labor recognized employers’ rights to establish notice procedures for employees who need to miss work due to intermittent and other legally…more
 /  Labor & Employment Law

The New Auditor Reporting Standards

Late last month, the SEC approved the new auditing standards adopted by the PCAOB back in June, which substantially modify the content of the auditor’s report. They also raise various concerns that public companies and the SEC…more
 /  Business Organizations, Securities Law

Employer Not Required to Provide Indefinite Leave for a Temporary Disability

Despite the Equal Employment Opportunity Commission’s more nuanced position, federal courts have generally rejected attempts by plaintiffs to claim that an indefinite leave of absence is a required reasonable accommodation under…more
 /  Labor & Employment Law

FMLA Care Leave Rights Expire Upon Relative's Death

The Family and Medical Leave Act entitles eligible employees to up to 12 weeks of unpaid leave per year for, among other things, care of a spouse, parent, or child with a serious health condition (SHC). What happens to these…more
 /  Labor & Employment Law

After Congress Kills CFPB Arbitration Rule, What’s Next?

Congress has passed – and the Trump administration has signaled that the president will sign – a bill to roll back the Consumer Financial Protection Bureau’s sweeping arbitration rule, which the White House has called…more
 /  Alternative Dispute Resolution (ADR), Elections & Politics, Finance & Banking

Third Circuit Bats Away Employer's Flexible Time Break Policy

Department of Labor regulations issued under the Fair Labor Standards Act (29 C.F.R. § 785.18) state that any break time less than 20 minutes for nonexempt employees is considered compensable working time. Earlier this month,…more
 /  Civil Procedure, Civil Remedies, Labor & Employment Law

Lack of Bonus Plan Explanation Does Not Violate Sarbanes-Oxley

The Sarbanes-Oxley Act (SOX) prohibits publicly held employers from retaliating against employees who report illegal conduct that could have a material impact on shareholders. Since SOX was enacted, federal courts have issued…more
 /  Business Organizations, Civil Remedies, Elections & Politics, Mergers & Acquisitions

Employer Can Use Draw-On-Commissions but Cannot Require Repayment Upon Termination

On October 12, the Sixth Circuit Court of Appeals partially approved and partially rejected an unusual pay plan designed to satisfy federal minimum wage requirements. In Stein v. HHGregg, Inc., the employer placed retail sales…more
 /  Civil Procedure, Civil Remedies, Labor & Employment Law

California Bans Salary History Inquiries During Hiring Process

On October 12, California Governor Jerry Brown signed into law a measure that prohibits employers from using salary history at prior jobs to determine starting pay for applicants. The law will also require California employers…more
 /  Labor & Employment Law

IRS Announces 2018 Dollar Limits for Retirement Plans

The IRS has announced the 2018 dollar limitations for retirement plans based on the applicable cost-of-living adjustment guidelines. The annual limit for elective deferrals to 401(k) and 403(b) plans will increase from $18,000…more
 /  Labor & Employment Law, Taxation
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