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Archive by tag: Parker Poe Adams & Bernstein LLPReturn

NLRB Says Arbitration Agreement Must Specifically Exclude Claims Filed With NLRA

In its decision last term in Epic Systems Corp. V. Lewis, the U.S. Supreme Court concluded that the National Labor Relations Act does not preclude the use of mandatory arbitration agreements in employment which prevent class and collective actions....By: Parker Poe Adams & Bernstein LLP
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Delaying COBRA Notice Past Eligibility Date Risks Insurer Refusing to Pay Claims

During the past year, we have encountered a number of situations where employers have allowed current and former employees to remain on their group medical insurance plans well past the date that they should have been placed on COBRA. In some...By: Parker Poe Adams & Bernstein LLP
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ADA Allows Hostile Environment Harassment Claims

Employees subjected to sexual harassment have long been able to bring legal claims under Title VII alleging creation of a hostile and offensive working environment. Over time, these legal principles extended to other classifications protected under...By: Parker Poe Adams & Bernstein LLP
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Employee Has Right to FMLA Leave Even if Medical Condition is Undiagnosed as of Date of Request

Qualified employees may take job-protected leave under the Family and Medical Leave Act based on their Serious Health Condition (SHC). A new decision from the Seventh Circuit Court of Appeals makes clear that the employee retains entitlement to leave...By: Parker Poe Adams & Bernstein LLP
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Employers Can End Accommodations That Go Beyond ADA Requirements

When companies change management, employees sometimes believe it is unfair to hold them to higher performance standards than those required by their former supervisors. When it comes to accommodations made to disabled persons, employees sometimes...By: Parker Poe Adams & Bernstein LLP
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Placing Employee on Performance Improvement Plan Does Not Count as Adverse Action

In order to state a claim of employment discrimination under federal civil rights laws, employees must demonstrate that they have been subjected to an adverse action. In most cases, the employee has been fired, demoted, or has suffered some other...By: Parker Poe Adams & Bernstein LLP
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North Carolina Courts Defeat Another ‘Overbroad' Noncompete

In recent years, North Carolina courts have become increasingly resistant to enforcing noncompetition and non-solicitation restrictions they view as insufficiently narrowed to the specific competitive threat presented by the departed employee....By: Parker Poe Adams & Bernstein LLP
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Speculating About Employee's Medical Condition May Lead to ADA Claim

The Americans with Disabilities Act not only protects persons with actual medical conditions but also those regarded by their employer as disabled, even if they are not. A new decision from the Sixth Circuit Court of Appeals demonstrates that...By: Parker Poe Adams & Bernstein LLP
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IRS Announces 2020 Dollar Limitations for Retirement Plans

The IRS has announced the 2020 annual dollar limitations for retirement plans based on the applicable cost-of-living adjustment guidelines. The annual limit for elective deferrals to 401(k) and 403(b) plans will increase from $19,000 to $19,500 and...By: Parker Poe Adams & Bernstein LLP
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Ninth Circuit Enjoins ACA Religious Exemption Rules

The Affordable Care Act requires that employer-sponsored group medical insurance plans provide contraceptive coverage without cost sharing. Earlier this year, the U.S. Department of Health and Human Services issued final rules carving out an...By: Parker Poe Adams & Bernstein LLP
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