December 20, 2017

NLRB’s New General Counsel Signals Major Policy Changes Are on The Way

In November 2017, the United States Senate confirmed Peter Robb as the new General Counsel for the National Labor Relations Board (“NLRB”). On December 1, 2017, Mr. Robb issued Memorandum…

November 3, 2017

Halloween Ushers in Potential Resurrection of Proposed Overtime Rule

You thought it was dead – but the United States Department of Labor (DOL) announced on October 30 that it plans to appeal a Texas district court’s August ruling which…

November 3, 2017

The Leaves are Falling: Differing Interpretations of Leave as ADA Accommodation

The United States Equal Employment Opportunity Commission (EEOC) has consistently maintained that leaves of absence should be considered as a form of reasonable accommodation under the Americans with Disabilities Act…

September 1, 2017

Employers Beware!  North Carolina Business Court Establishes New Standard for Consideration for Restrictive Covenants

Restrictive covenants are valuable tools employers can use to protect their proprietary interests. Covenants not to compete and covenants not to solicit an employer’s clients…

September 1, 2017

North Carolina Doubles Down on Enforcing Employee Misclassification

On August 11, 2017, Governor Roy Cooper signed into law the Employee Fair Classification Act. While the Act does not change the definition of what constitutes an “employee” under existing North…

June 30, 2017

EEOC Shakeup: New Chair Nominated To Run Agency

Out with the old, in with the new: Acting Chair Victoria Lipnic was passed over by the Trump administration to lead the Equal Employment Opportunity Commission (EEOC). Fortune 500 executive…

June 30, 2017

Different but Equivalent: Fourth Circuit Clarifies Parameters of Leave Under Family and Medical Leave Act

On May 16, 2017, the United States Court of Appeals for the Fourth Circuit, which governs cases pending in North Carolina, issued an opinion that reveals the parameters within which…

June 26, 2017

Shifting Sands Continue to Undermine Traditional Definitions of Employment

On June 7, 2017, the Wage and Hour Division of the United States Department of Labor withdrew two Administrator’s Interpretations issued during the Obama administration that took a broad view…

February 13, 2017

Tightening the Screws: Fourth Circuit Establishes New Test for Evaluating Joint Employment Claims Under the Fair Labor Standards Act

On January 25, 2017, the United States Court of Appeals for the Fourth Circuit, which governs cases pending in North Carolina, issued two opinions which serve to clarify and expand…

January 19, 2017

EEOC Seeks Input Regarding Proposed Harassment Enforcement Guidance

On January 10, 2017, the United States Equal Employment Opportunity Commission (EEOC) issued proposed enforcement guidance on preventing workplace harassment for which it seeks input before implementation. The deadline for…

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