Legal News

Last Monday, the U.S. Department of Labor’s Wage and Hour Division issued proposed regulations that would clarify employers’ use of incentive pay under the fluctuating workweek (FWW) pay method. FWW is an alternative pay plan used with employees who...By: Parker Poe Adams & Bernstein LLP

If asked to describe the essential functions of a given job, most employers would include actually showing up to work as a critical component. In recent years the Equal Employment Opportunity Commission has taken the position that attendance in and...By: Parker Poe Adams & Bernstein LLP

When asked recently about the return of star quarterback Cam Newton, Carolina Panthers coach Ron Rivera responded that he will not play until he is 100 percent recovered from a foot injury. While fine for NFL players, conditioning return to work of...By: Parker Poe Adams & Bernstein LLP

The Americans with Disabilities Act prohibits discrimination in employment against persons who are disabled, as well as those regarded as disabled. Last week, the Seventh Circuit Court of Appeals joined other federal courts in holding that the ADA...By: Parker Poe Adams & Bernstein LLP

As noted previously in EmployNews, Section 7 of the National Labor Relations Act protects concerted activity by employees who complain about terms and conditions of employment. Obviously, email and social media did not exist when the NLRA was...By: Parker Poe Adams & Bernstein LLP

In the wake of its Boeing decision, the National Labor Relations Board continues to analyze various employee handbook and other policies to determine if they interfere with Section 7 employee concerted activity rights. On October 10, the board...By: Parker Poe Adams & Bernstein LLP

Title VII of the Civil Rights Act of 1964 provides specific time limitations for filing EEOC charges and subsequent lawsuits. What happens, however, if the employer and employee agree to shorten the period of time under which a suit must be filed?...By: Parker Poe Adams & Bernstein LLP

The EEOC and federal courts have repeatedly said that employees seeking accommodations for disabilities under the ADA do not have to use any “magic words” to trigger the employer’s obligations. A recent decision from the Eighth Circuit Court of...By: Parker Poe Adams & Bernstein LLP

In 2012 as part of a tax reform bill, Congress directed the Department of Labor to issue regulations that would permit states to condition unemployment insurance benefits for certain recipients on their ability to pass drug tests. The law defined...By: Parker Poe Adams & Bernstein LLP

Last year, Congress amended the Fair Labor Standards Act to clarify circumstances under which employers can require employees who receive tips to share (or pool) those gratuities with other employees. Last Tuesday, the Department of Labor released...By: Parker Poe Adams & Bernstein LLP