Legal News

The U.S. Department of Labor’s new joint employment regulations appear to provide franchisors and some other contractual business arrangements with protections against wage claims from workers not employed by them. However, adoption of the final...By: Parker Poe Adams & Bernstein LLP

The National Labor Relations Board’s landmark Boeing Co. decision set a new legal standard for determining whether employer policies interfere with employee rights to engage in protected concerted activity under federal labor law. This case explains...By: Parker Poe Adams & Bernstein LLP

Last month, the National Labor Relations Board continued its recent pattern of reversing controversial pro-employee decisions made when Democrats held a majority of board seats. These cases affect employer rules governing both unionized and...By: Parker Poe Adams & Bernstein LLP

In its 2012 Hosanna-Tabor decision, the U.S. Supreme Court first recognized the existence of a “ministerial exception” to the requirements of federal civil rights laws such as Title VII and the Americans with Disabilities Act. In this case, the court...By: Parker Poe Adams & Bernstein LLP

Today social media platforms, including Facebook and LinkedIn, allow employers to target their job listings based on various characteristics of the users they wish to reach. As a result, employers can theoretically identify better candidates while...By: Parker Poe Adams & Bernstein LLP

In 2014, the National Labor Relations Board adopted regulations that considerably shortened the time period between certification of a petition for union recognition and the election on this question. In addition, the rules curtailed grounds...By: Parker Poe Adams & Bernstein LLP

Employees subject to the overtime provisions of the Fair Labor Standards Act must pay time and one-half the employee’s regular rate of pay for hours worked over 40 in a given week. As employers began offering new perks to employees, the question of...By: Parker Poe Adams & Bernstein LLP

In 2007, the Equal Employment Opportunity Commission filed suit against a trucking company, alleging a pattern and practice of sexual harassment affecting a class of 270 female employees. The district court dismissed the complaint, and awarded the...By: Parker Poe Adams & Bernstein LLP

The Equal Pay Act allows employees to bring claims of pay discrimination based on gender by alleging that they were paid less than employees of a different gender who perform the same or similar work. This comparator requirement often proves...By: Parker Poe Adams & Bernstein LLP

On January 1, 2020, a new California law could prevent employers in that state from requiring arbitration of employment claims brought under state law. The new law was prompted by stories revealed as a result of the #MeToo movement indicating that...By: Parker Poe Adams & Bernstein LLP