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Recent Case Serves as
Reminder of Treatment of Maternity Leave (July 28, 2008)
Obvious
Disabilities Require Accommodations Under ADA (July 14, 2008)
Insolvency
of Workers' Compensation Liability Insurance Carrier May Result
in Employer’s Liability for Claims (June 30, 2008)
Civil Penalties for Child
Labor Law Violations Increase (June 16, 2008)
Discrimination Protections Catch Up To Scientific Advances:
Genetic Information Nondiscrimination Act Becomes Law (June 2,
2008)
New Wellness
Program Guidance (May 19, 2008)
Failure to Alter Job
Expectations for Employee on Intermittent Leave May Support a
Retaliation Claim (May 5, 2008)
When a Release is Not a
Release - Employers Beware (April 21, 2008)
Federal Appeals Court
Rejects Wrongful Discharge Claim by SOX Whistleblower (April 7,
2008)
Expanded Employee
Protections: Congress Considers the Employment Nondiscrimination
Act
(March 24, 2008)
EEOC
Issues New Guidance for Employing and Reemploying Veterans (March
10, 2008)
Recent Developments Under
The Family and Medical Leave Act: New Rights for Employees with
Family Members in the Armed Services and Proposed New
Regulations (February 25, 2008)
EEOC Permits Coordination of
Retiree Health Benefits with Medicare (February 11, 2008)
Employment Issues Come Into
Focus as 2008 Elections Approach (January 28, 2008)
2007 OSHA Year End Review
(January 14, 2008)
EEOC “Fact Sheet” Cautions
Employers to Be Careful with Employment Tests and Other
Screening Criteria ((December 31, 2007)
Employer Alert (December
17, 2007)
A Holiday Gift to
Employers: Courts are Holding Employees to their Obligations
Under the FMLA
All Employers
Must Use New I-9 Form Issued by the USCIS
Employer
Held Not Liable for "Heart Balm" Claims
(December 3, 2007)
IRS and
States Agree to Share Employment Tax Examination Results
(November 19, 2007)
Important
Developments in Worker Classification: Why You Should be
Concerned About Your Independent Contractors (November 6, 2007)
Whose Decision Is It
Anyhow? (October 22, 2007)
New Social
Security "No-Match" Letter Policy on Hold (October 8,
2007)
Recent Case Emphasizes
Consequences of Not Complying with Requirements for Valid Waiver
of ADEA Claims (September 24, 2007)
When is an
Extension not an Extension? - An Update on 409A Compliance Deadline
(September 18, 2007)
Appellate Court Rules Gay Employee Can
Proceed on Claim for Infliction of Emotional Distress (September
10, 2007)
Ignore Social Security
“No-Match” Letters at Your Peril! (August 27, 2007)
Age
Discrimination, 403(b) and Cafeteria Plan Regulations Issued
(August 13, 2007)
Important Reminders (July
30, 2007)
Precautions to Take When a
Key Employee Leaves (July 16, 2007)
Federal Court of Appeals Decision
Links Conduct to Disability Status
(July 2, 2007)
New Enforcement Guidance
From EEOC Regarding Workers With "Caregiving Responsibilities" (June
18, 2007)
Federal Minimum Wage Increase
Signed Into Law (June 4, 2007)
Collective Actions Seeking
Unpaid Wages And Overtime Pay Are On The Rise (May 21, 2007)
Class Action Lawsuit
Illustrates Risk of Using Credit Reports in Applicant Screening (May
7, 2007)
Federal Minimum Wage May
Increase (April 23, 2007)
Section
409A Deferred Compensation Final Regulations Issued
(April 12, 2006)
Heads Up For Clients
Required To Report To OFCCP (April
9, 2007)
EEOC Issues New Guidance
for Health Care Workers Under the Americans with Disability Act
- But There Are Reminders for All Employers (March 26,
2007)
Recent Case
Challenges Mandatory Requirement That Employees Use Paid Leave
During FMLA (March 12, 2007)
The Equal Employment Opportunity Commission Publishes
Enforcement Statistics For Fiscal Year 2006 (February 26, 2007)
Why Everyone Should Review Their
401(k) Fees and Investment Charges - Yes, You Too! (February 12, 2007)
Non-Compete Covenant Held
Enforceable Despite Broad Geographic Scope (January 29, 2007)
SAY WHAT? A Reminder That
Employees Do Not Need To Reference The FMLA In Order To Be
Entitled To Leave Under It Or A Jury Trial About It (January 16,
2007)
U.S.
Department of Labor Sues Over Improper Classification of Workers
as Independent Contractors (January 2, 2007)
Recent NC
Court Opinion Regarding Sexual Harassment Is Instructive to
Employers (December
19, 2006)
Reminder:
Minimum Wage Increase (December 4, 2006)
Court
Decides Employees Are Not Owed Wages For Time Spent "Waiting and
Traveling" Prior to Arrival at Job Site (November 20, 2006)
Plan Sponsors Sued over 401(k) Fees
(November 8, 2006)
Court Holds Employee Is
Not Disabled Under ADA Where She Stated Her Bipolar Disorder And
Migraines Did Not Prevent Her From Performing Job Duties
(October 23, 2006)
Florida Federal Court
Decision Illustrates Importance of Employer Vigilance Against
Copying or Taking of Company Computer Data by Departing
Employees (October 11, 2006)
Federal Appeals Court Holds
That Obesity Must Be The Result Of A Physiological Condition To
Be An ADA Impairment (September 25, 2006)
Court Denies Employee's Request for Additional FMLA Leave (September
12, 2006)
USERRA In Practice: Recent
Court Decision Provides Guidance As To Protections Afforded
Servicemen And Women Returning To Civilian Employment
(August 28, 2006)
Employees on Military Leave:
Employee Benefits Obligations of Employers (August 15, 2006)
Legislature Raises Minimum
Wage
(July 31, 2006)
Sarbanes-Oxley
Whistle-Blower Provision Could Apply To Private Company
Employers
(July 18, 2006)
Supreme
Court Issues a Decision about Retaliation Claims (July 3, 2006)
Recent Court
of Appeals Decision Illustrates Importance of Taking Precautions
When Recruiting or Hiring Competitor's Employee (June 19, 2006)
Computer
Fraud and Abuse Act Offers Employers Additional Remedies Against
Wrongful Conduct by Departing Employees (June 5, 2006)
EEOC Issues
New Standards Regarding Title VII Race and Color Discrimination
(May 22, 2006)
Release of ERISA Claims: New Case Highlights Potential Pitfalls (May
8,
2006)
Beware of
the New North Carolina Identity Theft Law! (April 24,
2006)
Recent Aggressive
Enforcement Activity Demonstrates That Department of Labor Is
Serious About Preventing Violations of Wage, Overtime, and
Recordkeeping Requirements (April 10, 2006)
A Potent Reminder of the Duty
of Employers to Make Reasonable Accommodations for Disabled
Employee (March 27, 2006)
United States Supreme Court
Reminds Employers That Statements By a Supervisor Do Not Need To
Contain Explicit Racial Terms To Be Evidence of Racial Animus
(March 13, 2006)
EEOC Fined
$1 Million for Filing a Frivolous Lawsuit (February 27, 2006)
Two Simple
Steps, Two Big Problems Averted (February 20, 2006)
Physician Ordered to Comply
with Non-Compete Covenant (January 30, 2006)
New Posting Requirement Under USERRA (January
17, 2006)
Non-Fraternization Policies Pose Difficult Issues But May Be Useful When Limited
and Enforced Fairly (This article originally appeared in the January 2006
issue of Business Lawyer, the newsletter published by the North Carolina
Bar Association's Corporate Counsel Section. It is reprinted with permission.)
Recap of Major Developments in Employment
Law and Employee Benefits in 2005 (January 3, 2006)
Fitness-for-Duty Certifications for Return from FMLA Leave Need Not be Detailed
(December 19, 2005)
Fourth
Circuit Recognizes “Different-Decisionmaker” Exception In
Discrimination Case (December
5, 2005)
Supreme
Court Rules that Some Walking Time on Employer’s Premises is
Compensable (November
21, 2005)
Section 409A Compliance:
Voluntary Deferral and Account Balance Plans (November
8, 2005)
New Legislation Revises Statutory
Requirements for Wage Withholding and Notifying Employees of Changes in
Wages in North Carolina (October 24, 2005)
Recent Court Case Highlights Need
for Careful Consideration of Requests for FMLA Leave
(October 10, 2005)
Recent
NLRB Decision Should Cause All Employers To Review Their Confidentiality
Policies
(September
26, 2005)
U.S.
Department Of Homeland Security Announces Temporary Non-Enforcement Of I-9
Form Requirements For Hurricane Victims (September 9, 2005)
Do
You Need A Specific Policy on Blogging? (August
29, 2005)
Employee
Releases of FMLA Claims Held Invalid By Fourth Circuit (August 15, 2005)
COBRA
Mistake Nearly Costs Employer $250,000 (August 1, 2005)
North
Carolina Supreme Court Issues Ruling on "Constructive Discharge (July
18, 2005)
Federal
Appeals Court Finds That Employer's Use of Personality Test Violates the
ADA (July 5, 2005)
Court
Ruling Emphasizes Importance of Written Confirmation of Changes in Bonus
Compensation (June 20, 2005)
The
Federal Trade Commission’s Final Rule Requiring Employers To Properly
Dispose Of Information Obtained From Consumer Reports Is Now In Effect
(June 6, 2005)
New
Development in Analysis of Employees’ FMLA Claims (May 23, 2005
Employee
Benefits Update (May 12, 2005)
General
Contractor Responsibility for Subcontractor OSHA Violations (April 24,
2005)
Employee
Requests for Peer Representation at an Investigative Interview May
Be "Protected Activity" Under the NLRA Even Where the
Workplace is Non-Union (April 11, 2005)
Sex-Plus
Discrimination (March 29, 2005)
New
Notification Requirements for Employers (March 21, 2005)
Dress
Codes: Discretionary or Discriminatory? (March 15, 2005)
Retirement and 401(k) Plans: New Mandatory
Rollover Rule for Involuntary Distributions (March 3, 2005)
Employers
Who Discriminate Against Men Who Wear Dresses and
Makeup May Face Liability
For Sex Discrimination (February 15, 2005)
Employers
– Reevaluate Your Safety Program Annually (February 15, 2005)
Independent Contractor or
Employee? Recent Court Opinions Provide Guidance (January 31,
2005)
Resolutions
for the Resolute Employer (January 18, 2005)
Court
of Appeals Criticizes "Shotgun" Approach to Non-Compete
Covenants (January 3, 1005)
Do
You Have a Policy Regarding Employee Cell Phone Use? (December 21, 2004)
EEOC
Addresses the Application of the ADA to Protected Workers with
Intellectual Disabilities (November 29, 2004)
Act
Now to Safely Navigate Nonqualified Deferred Compensation Minefield
(November 15, 2004)
Is
a "Problem Employee" Covered Under the Americans with
Disabilities Act ("ADA")? (November 1, 2004)
Impact of New Overtime Regulations
on Health Care Occupations (This article
originally appeared in the
October 2004 issue of Prognosis, the newsletter published by the
North Carolina Bar Association's Health Law Section and the North
Carolina Society of Healthcare Attorneys. It is reprinted with
permission.)
New
Law Regarding Workplace Violence in North Carolina Becomes Effective Soon
(October 18, 2004)
North
Carolina Court of Appeals Decision Reminds Employers That Ignoring
Ridicule and Hazing In The Workplace Is Risky (October 4, 2004)
On
the Rise - Awards by Juries in Discrimination Cases (September 20, 2004)
Recent
Jury Verdict Emphasizes Importance of Centralized Decision-Making When
Terminating Employees Based on a No Fault Attendance Policy (September 7,
2004)
Recent
EEOC Litigation Highlights the Importance of Anti-Discrimination and
Harassment Policies and Training (August 23, 2004)
A
Supervisor’s Failure to Accommodate Can Lead to Constructive Discharge
Claim (August 9, 2004)
NLRB Rules
That Non-union Employees Do Not Have The Right To Have A
Representative Present During An Investigatory Interview (July 26,
2004)
The
North Carolina Supreme Court Adopts Standard for When Employer May
Cease Paying Employee Worker’s Compensation After Employee is
Terminated for Misconduct (July 12, 2004)
United
States Supreme Court Clarifies That Employers Have An Affirmative
Defense To Employees’ Claims Of Constructive Discharge Caused by
Persistent Sexual Harassment By A Supervisor (June 28, 2004)
Final
COBRA Rules Will Require New Notice Forms and Procedures
(June 14, 2004)
Avoiding
Age Discrimination In The Workplace
(June 1, 2004)
North
Carolina Court of Appeals Judge Raises Possibility of New Exception to
Employment At-Will Doctrine (May 12, 2004)
Employment
Decisions Made In Haste Can Lead To Costly Litigation (May 3, 2004)
United
States Supreme Court to Decide Whether the ADEA Prohibits Neutral Employer
Policies That Have Disparate Impact on Older Workers (April 19, 2004)
Recent Court Decisions Emphasize The Importance Of Putting All Employment Policies In Writing And Properly Training Employees On Their Application
(April 5, 2004)
EEOC Clarifies Definition
of Job "Applicant" For Internet and Related Technologies (March
22, 2004)
Supreme
Court Rules that ADEA Does Not Protect Against "Reverse
Discrimination" (March 8, 2004)
Limiting
Potential Liability for an Employer's Review of its Employees'
Email and Internet Usage (February 23, 2004)
Federal
Court Finds No Violation of Constitutional Rights of Employee
Fired for Posting Biblical Verses in Protest of Employer’s
Diversity Program (February 9, 2004)
Secretary
of Labor Expresses Department’s Desire to Implement New Overtime
Rules in March (January 29, 2004)
Department
Of Labor Establishes Rules For Expeditiously Handling Employee
Whistleblower Complaints Under Sarbanes-Oxley (January 12, 2004)
Recent Amendments To The Fair Credit Reporting Act Ease Some Of The Burden On Employers Who Rely On Third Parties To Conduct Investigations Of Employee Misconduct
(December 30, 2003)
Massachusetts Same Sex Marriage Ruling:
No Immediate Impact on North Carolina Employers (December 16, 2003)
Fourth
Circuit Court of Appeals Affirms FMLA Judgment (December 1, 2003)
Minimizing
Employer Liability During a Company Hosted Holiday Party (November 17,
2003)
Covenants
Not to Compete MUST BE Supported by Consideration (November 3, 2003)
Supreme
Court to Determine Whether ADEA Protects Against "Reverse
Discrimination" (October 20, 2003)
Beware
Of Making Statements To Employees That Could Be Considered Contracts
(October 6, 2003)
Proposed
DOL Regulations on White Collar Exemptions Stall (September 22, 2003)
The
North Carolina Court of Appeals Expands Application of the
"Public Policy" Test For Enforcement Of Covenants Not to
Compete (September 8, 2003)
Employers
Must Be Careful Not To Improperly Classify Employees As Volunteer,
Interns or Trainees (August 25, 2003)
Fourth
Circuit Court of Appeals Points Out Defects in Sexual Harassment
Policy (August 11, 2003)
Immediate
Action Required for COBRA Compliance (July 29, 2003)
Fourth
Circuit Court Of Appeals Reemphasizes The Importance Of
Anti
Discrimination Policies And Training (July 14, 2003)
Wal-Mart
Faces Class Action Lawsuit Alleging Sex Discrimination (June 30, 2003)
North
Carolina Court Of Appeals Finds New Exception To Employment At-Will
Doctrine (June 16, 2003)
Sudden
Change in Employee's Behavior May Itself Be Notice of Serious Health
Condition (June 2, 2003)
North
Carolina Workplace Laws (Notice to Employees) Poster is Available Free
of Charge from the North Carolina Department of Labor (May 19, 2003)
A
Great Sexual Harassment Policy Is Worthless If the Employer Fails to
Enforce It (May 5, 2003)
High
Costs of Resolving Employment Discrimination Claims Affirms Importance
of Preventing Discrimination in the Workplace (April 21, 2003)
Proposed
New Regulations for White-Collar Exemptions and Overtime (April 7,
2003)
Are
Injuries Suffered During a Job Interview Covered by the Workers'
Compensation Act? (March 24, 2003)
Department
of Labor Requests Comments on FMLA (March 10, 2003)
Uniformed
Services Employment And Reemployment Rights Act Provides Extensive
Protection For Employees Called Into Military Service (February 24,
2003)
House
Republicans Name Legislation Allowing Comp Time in the Private
Sector as a Top Priority for 2003 (February 10, 203)
Court
Says FMLA Is Broad Enough To Require Leave For Employee To Care
For Healthy Children While Spouse Stays In Hospital With Seriously
Ill Child (January 27, 2003)
N.C.
Supreme Court Upholds "Cost-Sharing" Provision in Physician’s
Employment Contract as Alternative to Non-Compete Covenant (January
13, 2003)
Recent
Cases Illustrate Value of Using "Tolling Provision" in Non-Compete
Covenants (December 16, 2002)
Getting
Primed for HIPAA Privacy: New Restrictions on Employers' Access to Health
Information (December
2, 2002)
Recent
Addition to Federal Securities Law Provides for Extensive Whistleblower
Protection (November
18, 2002)
NC
Persons With Disabilities Protection Act Expanded (November
4, 2002)
Promptly
Addressing Harassment of Plaintiff Not Enough Where The Employer’s Failure
To Act Against Earlier Harassment of Other Employees Might Have Prevented
Harassment of Plaintiff (October
24, 2002)
Employers
Should Carefully Avoid Inadvertently Creating A Contract Of Employment
Through Policies Or Handbook (October 7, 2002)
Maintain
Effective Policies and Act Promptly To Avoid Claims of Ratification of
Employee Misconduct (September 23, 2002)
The
Second Circuit Court of Appeals Recognizes Title VII Sexual Harassment Claim
Arising Out of a Rape in a Hotel Room (September 9, 2002)
U.S.
Department of Labor Clarifies Relationship Between Uniformed Services
Employment and Reemployment Rights Act and the Family and Medical Leave
Act (August 26, 2002)
Recent
Class Action Settlement Highlights Need For Employers To Examine
Employment Practices for Compliance With Wage And Hour Laws
(August 12, 2002)
Recent
U.S. Supreme Court Decision Interprets the "Continuing Violation
Theory" Under Title VII
(July 29, 2002)
Ninth
Circuit Holds That Facially Neutral Policy May Violate ADA (July
15, 2002)
Recent
Supreme Court Ruling: Employers May Refuse to Hire an Individual for a
Job that Poses a Direct Threat to the Individual’s Own Health or
Safety (July
1, 2002)
When
is Suspicion of Drug Use Reasonable? (June 17, 2002)
Recommendations
Relating To 9/11 Workplace-Backlash
(June 3, 2002)
North
Carolina Court of Appeals Upholds Liquidated Damages Clause in
Employment Agreement (May 21, 2002)
Supreme
Court Holds Employers Not Usually Required to Abrogate Seniority
System to Fulfill Accommodation Duty Under the Americans With
Disabilities Act (May 6, 2002)
North
Carolina Court of Appeals Upholds the Statutory Cap on Punitive
Damages (April 22, 2002)
Federal
Court Holds That Corporate Director May Assert A Discrimination Claim
(April 8, 2002) The
Supreme Court Refuses to Expand FMLA Rights; Strikes Down DOL
Regulation (March 25, 2002)
Discrimination
and Retaliation Claims on the Rise - Are
You Prepared?
(March 11, 2002)
Requiring
Emergency Response Workers To Submit To HIV Tests May Violate ADA (February
25, 2002)
Supreme
Court Decision Significantly Diminishes the Utility of Private Arbitration
Agreements Between Employers and Employees(February
11,
2002)
The
Supreme Court Narrows the Definition of Disability Under the ADA
(January
28, 2002)
New OSHA Rules For The New
Year
(January 14, 2002)
Court
Holds That Shorter Time Period for Disability Benefits for Employees
Suffering From Mental Illness Can Violate the Americans With
Disabilities Act (December
17, 2001)
The Equal
Employment Opportunity Commission Issues Guidance On Emergency/Evacuation
Plans For Employers With Disabled Employees (December 5,
2001)
Year-End Tips on Bonuses
(November
19, 2001)
Preventing
Employment Discrimination
(November 5, 2001)
Employers Should Consider
Adopting Policies and Circulating Advisories for Identifying and
Handling Contaminated Mail (October 22, 2001)
Psychological Effect of
Terrorist Attacks Requires Increased Awareness of Potential ADA Claims
(October 8, 2001)
The Uniformed Services Employment and
Reemployment Rights Act (September 24, 2001)
Workplace Violence
(September 10, 2001)
Third Circuit Court Places
Burden On Employers To Demonstrate An Employee’s Proposal For
Accommodation Imposes An Undue Hardship On The Employer (August
27, 2001)
The Fourth Circuit Court of
Appeals Recognizes a New Cause of Action Under the Americans with
Disabilities Act (August 13, 2001)
Successful Plaintiffs
Alleging Employment Discrimination on the Basis of Sex May Recover
Unlimited Awards for Wages They Would Have Earned Had the Discrimination
Not Occurred and They Had Stayed on the Job (July 30, 2001)
NC Department of Labor Adds
New Requirements to Drug Testing (July 16, 2001)
Severance Plans – Reduce
Your Legal Exposure When Downsizing (Employer Alert, June 2001)
Reduction in Force -
COBRA Responsibilities (6/18/2001)
Employers Should Consider
Alternative Accommodations for Disabled Employees
Revisions to DOT Rules
Regarding Drug Testing Broaden the Liability of Employers
U. S. Supreme Court Declines
to Narrow Arbitration of Employment Disputes (Employer Alert, March 26,
2001)
Workplace Violence Part II: Application of the ADA
State and Federal Ergonomics Rules Overturned (Press Release - March 8,
2001)
Ergonomic Standards Adopted
(Employer Alert, November 2000)
Recent Employment Actions
Emphasize Need for Comprehensive E-mail and Internet Usage Policies
Workforce Perception of Age
Bias Creates Special Need for Careful Employment Practices in Hi-Tech
Industry? (Employer Alert, May 2000)
Is Your Harrassment Policy
An Effective Shield Against Liability? (Employer Alert, March
2000)
An Anti-Discrimination
Policy Is Not Enough To Prevent Punitive Damages (Employer Alert, March
2000)
Employers May Now Have More
Flexibility to Require Exempt Employees To Use Accrued Leave for Partial
Day Absences (Employer Alert, February 2000)
Recent Cases Emphasize Need
for Employee Training (October 1999)
Warning: The New Ergo
Standard is Coming (February 1999)
Information on Newly Hired
Employees Must Be Sent to State Directory of New Hires (December 1997)
Legal
Requirements for an Enforceable Non-Compete Covenant
Departing Employee-Shareholders: Employers Should Be Aware of Disclosure
Obligations
Documentation: Do It, But Do It Right
Employee Handbooks Can Be A Useful Tool For The Small Business
Employment Termination Checklist
Essential Steps For Investigating Sexual Harassment Claims
Overview of Legal Tests For Determining Whether a Worker Is an Employee
or an Independent Contractor
Independent Contractor or Employee? The Difference Can Be Critical
A
WARNing about Layoffs
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