Labor & Employment Law Section
Judge Halts DOL Overtime Regulations – Now What?
I imagine that, if you are reading this blog, you have heard the big news: after 5 p.m. on the Tuesday before Thanksgiving, a federal judge in Texas issued an…
N.C. Court Of Appeals On Brink Of Slippery Non-Compete Slope
In Beverage Sys., LLC v. Associated Beverage Repair, LLC, 368 N.C. 693, 784 S.E.2d 457 (2016), the North Carolina Supreme Court clarified that North Carolina…
Employer’s Attempt At Repayment Of Training Costs Can Backfire Causing Employee Misclassification Under the FLSA
A growing practice among employers is to require new hires to sign a Training Cost Agreement (TCA), which puts employees on the hook for the cost of their…
Heard-Leak: Valuable Lessons for Defense Counsel
“I kept asking how I could improve, but my supervisor would never tell me what I was doing wrong, and when I was fired, it came out of the blue.” It’s a…
Sharif v. United Airlines, Inc.: Discharging Employee For FMLA Fraud and Dishonesty Is Not FMLA Retaliation
A Halloween treat for employers and a trick for FMLA-abusing, dishonest employees: The 4th Circuit held that terminating an employee for abusing FMLA leave…
Who Needs Halloween? Sexual Harassment and Election Season
I come to you this beautiful October day with three scary topics you should likely avoid at any dinner party. However, as an employment lawyer and breast…
Eighth Circuit: Heavy-Set Truck Drivers Can Be Forced To Undergo Sleep Exam
A recent Eighth Circuit opinion found that a trucking company could force heavy-set truck drivers to submit to a sleep apnea exam as a “business…
Disaster Unemployment Assistance Available For 23 Counties In North Carolina
In the aftermath of Hurricane Matthew, 23 North Carolina counties have been approved to receive federal Disaster Unemployment Assistance. Gov. Pat McCrory has…
Remark Puts Maternity Leave Case Through Summary Judgment On Direct Evidence Theory
In EEOC v. Dimensions Healthcare Sys., No. 15-2342 (D. Md. Sept. 2, 2016), the District of Maryland denied the defendant’s motion for summary judgment on…
EEOC Publishes Guidance On Accommodations For Mental Health Conditions And Finalizes New EEO-1 Reporting Form
The EEOC published two items last week of interest to employment counsel: First, in the September volume of its Digest of Equal Employment Opportunity Law,…