Legal News

Some of the most frequent questions we receive from employers involve managing the performance of employees with medical issues. While employers understand their nondiscrimination obligations under the Americans with Disabilities Act, these...By: Parker Poe Adams & Bernstein LLP

As cases of COVID-19 have started to spread throughout the United States, we have received a number of calls from clients about the potential impact on the workplace. Our team is paying close attention to the guidance from relevant government...By: Parker Poe Adams & Bernstein LLP

Last Wednesday, a unanimous U.S. Supreme Court concluded that receipt of participant disclosures and notices does not constitute “actual knowledge” of fees, investment options, and other plan features. Actual knowledge is the test used under ERISA to...By: Parker Poe Adams & Bernstein LLP

Last Wednesday, the National Labor Relations Board issued final regulations substantially curtailing circumstances under which two employers can be deemed co- or joint employers under federal labor law. The final rule follows years of employer...By: Parker Poe Adams & Bernstein LLP

As an alternative to termination, employers faced with employee drug or alcohol policy violations sometimes want to give that person a second chance. Typically, this process involves a commitment by the employee to seek treatment or counseling for...By: Parker Poe Adams & Bernstein LLP

The Occupational Safety and Health Act generally requires employers to mitigate exposure of their own employees to workplace hazards. In limited circumstances, companies can be cited for OSHA violations even if the only people exposed to the hazards...By: Parker Poe Adams & Bernstein LLP

In a well-publicized incident in 2017, Google terminated an employee who circulated a memorandum opposing the company’s diversity program. The employee claimed that innate differences between the sexes made females less suited for technology jobs....By: Parker Poe Adams & Bernstein LLP

When looking for reasons to explain the persistent salary gap between male and female employees, worker advocates have focused on initial pay negotiations during the hiring process. If new female employees’ salaries are set at a lower level than male...By: Parker Poe Adams & Bernstein LLP

Many written employment agreements contain automatic renewal provisions that apply at the end of the contract’s term if either party does not provide notice of intent not to renew. When an employment agreement is silent on what happens following...By: Parker Poe Adams & Bernstein LLP

Most employers know that the Occupational Safety and Health Administration can assess civil penalties for violation of safety standards. However, they may not be aware that the OSH Act also contains criminal penalties....By: Parker Poe Adams & Bernstein LLP