Employers Cannot Require Coronavirus Antibody Testing, EEOC Says
On June 17, the Equal Employment Opportunity Commission updated its COVID-19 guidance (scroll down to A.7) to state that employers cannot require employees…
Appellate Update
Joe Murray My last appellate update was so long ago that I’ve got a lot of cases to review here. Hence I’m limiting (almost) every summary to 280…
If You Can’t Say Something Nice, Then Don’t Say Anything
An anonymous show of hands: who has done a local TV news segment in which you and your client discuss their lawsuit? Maybe you state the employer is racist or…
May Day in the Time of COVID-19: Signs of an Awakening
Today, May 1, is International Workers’ Day. Though it is overlooked in the United States, this day, also referred to as “May Day,” is a public holiday…
Labor & Employment Law Section Distinguished Practitioner and Service Award
The Distinguished Practitioner and Service Award Nominating Committee is accepting nominations from now until Friday, July 31, 2020. The Award exists to…
“Misperception Discrimination”: What North Carolina Employers Need to Know
Assume that an employee is fired because her employer mistakenly believes she is of Middle Eastern descent. In fact, she is not. Should she be able to state a…
After-Acquired Evidence Could Limit State Employees’ Relief in Contested Cases
Since the U.S. Supreme Court adopted the after-acquired evidence rule in McKennon v. Nashville Banner Publishing Co., employers have relied on this doctrine…
Fight Hunger, Help Others in the COVID-19 Pandemic – Participate in the Legal Feeding Frenzy and Support Your Local Food Bank!
Our section membership has a strong tradition of supporting and participating in pro bono and community service activities—both those planned and sponsored…
DOL Implements New Joint Employer Rule
The U.S. Department of Labor’s final rule clarifying the joint employer standard took effect on March 16. The final rule, first announced on January 12,…
Appellate Update
The court opinions have been sparse lately, and none of them are earth shattering. But here they are: Davis v. NC Dep’t of Health & Hum. Servs., No.…