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Archive by tag: Parker Poe Adams & Bernstein LLPReturn

New NLRB Memo Addresses Social Media and Cell Phone Policies

Following its Boeing Company decision, the National Labor Relations Board continues to issue advisory opinions regarding the legality of common employer policies under the National Labor Relations Act. The policies are reviewed as to whether they...By: Parker Poe Adams & Bernstein LLP
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EEOC Indicates Pay Data Portal Will Open July 15

As previously reported in EmployNews, a federal court in Washington reversed an attempt by the Equal Employment Opportunity Commission to rescind regulations requiring certain employers to submit pay data broken down by workforce demographics as part...By: Parker Poe Adams & Bernstein LLP
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Fourth Circuit Concludes Complaints Over Mandatory Arbitration Are Not Protected

The Sarbanes-Oxley Act (SOX) provides federal whistleblower protections against retaliation for employees of publicly held companies who complain about fraudulent activities. However, not all employee complaints are protected under SOX....By: Parker Poe Adams & Bernstein LLP
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Absent Health Impairment, Obesity Is Not an ADA Disability

The ADA Amendments Act of 2008 substantially expanded the definition of protected disabled persons under federal anti-discrimination laws. In most circumstances, employers do not spend much time arguing that the plaintiff is outside the ADA’s...By: Parker Poe Adams & Bernstein LLP
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Fourth Circuit Says Federal Hate Crime Law Applies to Workplace Assault

The federal Hate Crimes Prevention Act applies severe criminal penalties for violent acts that are motivated by race, religion, and other protected classifications. Earlier this month, a divided panel of the Fourth Circuit Court of Appeals (which...By: Parker Poe Adams & Bernstein LLP
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How Internet Databases Fit Into Employer Requirements With Fair Credit Reporting Act

Most employers are aware that in order to conduct a third-party background search on an employee or applicant, they must obtain advance authorization and comply with the notice requirements of the federal Fair Credit Reporting Act (FCRA). As online...By: Parker Poe Adams & Bernstein LLP
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Ex-Employees Can Challenge Statistical Impact of Reductions in Force

On occasion, employers defending lawsuits filed by their employees raise questions over the legal validity of what most attorneys consider to be settled law. A good example comes from a recent decision by the U.S. Court of Appeals for the District of...By: Parker Poe Adams & Bernstein LLP
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