Legal News

In recent years, a number of federal courts have drawn differing conclusions with regard to whether obesity is a protected disability under the Americans with Disabilities Act. While some courts have reached this conclusion, others have characterized...By: Parker Poe Adams & Bernstein LLP

The U.S. Department of Labor is still working to finalize the withdrawal of the 80/20 rule, which had forced employers to pay the full minimum wage to employees who spend more than 20 percent of their time on non-tipped work. But recently, federal...By: Parker Poe Adams & Bernstein LLP

According to Part 541 of regulations issued by the U.S. Department of Labor under the Fair Labor Standards Act, exempt employees must be paid a guaranteed salary. Under §541.602, employers may only deduct from this salary for full day absences based...By: Parker Poe Adams & Bernstein LLP

Under North Carolina statute, employees who leave work for a reason other than good cause attributable to the employer are not eligible to receive unemployment benefits. Last month, the North Carolina Court of Appeals established a legal test for...By: Parker Poe Adams & Bernstein LLP

On January 17, the U.S. Supreme Court agreed to hear arguments over the legality of the Affordable Care Act’s contraception mandate. This is the third case on the mandate to receive Supreme Court review....By: Parker Poe Adams & Bernstein LLP

From time to time, we encounter requests from employees for accommodations under the Americans with Disabilities Act that appear unrelated to the employee’s underlying medical condition. For example, an employee with a back condition will request...By: Parker Poe Adams & Bernstein LLP

U-Haul International drew widespread commentary and some criticism for its recent announcement that it will no longer hire applicants that use tobacco products. The company justified the move on the basis that it encourages healthier habits, while...By: Parker Poe Adams & Bernstein LLP

In some situations, employers call us to ask about an employee’s request for job modifications that appear unworkable on their face. Sometimes, the requests remove a substantial part of the employee’s job duties, often pushing them to co-workers....By: Parker Poe Adams & Bernstein LLP

The U.S. Department of Labor’s Wage and Hour Division continues to periodically respond to employer questions with regard to particular wage payment issues. Earlier this month, the division issued two new opinion letters dealing with overtime during...By: Parker Poe Adams & Bernstein LLP

In April 2019, the U.S. Department of Labor’s Wage and Hour Division published proposed rules dealing with the definition of joint employment under the Fair Labor Standards Act. Joint employment status means that two or more employers are both liable...By: Parker Poe Adams & Bernstein LLP