Labor & Employment Law Section
Legislative Update
and Laura Wetsch This is your weekly update of bills introduced or moving through the legislature. Last week’s blog post listed a variety of bills and their…
Fifth Circuit: Employers Liable for Emotional Distress Damages in FLSA Retaliation Claims
Beyond requiring that employers comply with statutory minimum and overtime wage provisions for nonexempt employees, the Fair Labor Standards Act (FLSA), 29…
Legislative Update
and Faith Herndon We are your legislative co-chairs for this long session. Over the past few weeks, we have seen a number of bills that will potentially…
A Claim By Any Other Name Would Still Be Pre-empted By ERISA
You and I make a deal: You pay me monthly installments and when an event occurs, I will pay you a set amount of money (we’ll call this deal “life…
The New OSHA Anti-Retaliation Provisions
On Dec. 1, 2016, the Occupational Safety and Health Administration (OSHA) began enforcement of the anti-retaliation provisions of its controversial final rule…
Fourth Circuit Announces New Standard Assessing Joint and Several Liability for Joint Employers
On January 25, 2017, the 4th Circuit U.S. Court of Appeals issued two game-changing companion decisions impacting the test for determining joint and several…
5 FLSA Practice Pointers From Marlon Hall v. DIRECTV, LLC
Can a company disguise its control over a workforce through a myriad of affiliate companies? Apparently not. DIRECTV recently learned the hard way that its…
Recent North Carolina and Fourth Circuit Opinions
The following is a quick look at some recent opinions from our neck of the woods: First, in McAdams v. N.C. Dep’t. of Com., No. COA16-196 (N.C. App.…
Are Vague Social Media Policies a Problem For Public Employers? Indeed, They Are.
Many lawyers who represent private sector employers are familiar with the (some might say “harsh”) position on social media policies taken by the National…
EEOC Wants In On NLRB’s Fun: EEOC Focuses On Waivers, Releases and Arbitration Agreements
For the past couple of years, the nonunion employment bar has watched as the National Labor Relations Board upended the law surrounding handbooks, waivers,…