Legal News

In recent months, we have had several situations where clients were assessed back wages for overtime relating to misclassification of managerial employees. Under 29 C.F.R. §541.104, employees eligible for the executive exemption to the overtime...By: Parker Poe Adams & Bernstein LLP

Under the Family and Medical Leave Act, employers cannot penalize employees for use of FMLA leave. Earlier this month, the Sixth Circuit Court of Appeals found that an employer’s resetting of a perfect attendance program clock based on FMLA leave...By: Parker Poe Adams & Bernstein LLP

The ADA Amendments Act of 2008 (ADAAA) substantially lowered the bar for plaintiffs to demonstrate a protected disability under the Americans with Disabilities Act. However, on occasion we still see federal courts reject ADA claims on the basis that...By: Parker Poe Adams & Bernstein LLP

When we talk with clients about post-employment “noncompete” agreements, this term actually encompasses a number of different restrictions. In addition to provisions that restrict the employee from working for a competitor for a period of time...By: Parker Poe Adams & Bernstein LLP

In 2012, the Equal Employment Opportunity Commission issued enforcement guidance on employers’ use of criminal background checks in the hiring process. The EEOC concluded that indiscriminate use of such checks has a disparate impact against minority...By: Parker Poe Adams & Bernstein LLP

Here is a scenario we commonly face with clients: A poor-performing employee has not quite reached the point of termination. Just prior to a final decision on her employment, she goes to the Human Resources Department to complain about discrimination...By: Parker Poe Adams & Bernstein LLP

When we respond to allegations of employment discrimination, reconstructing the timeline of events is crucial. In these situations, the parties often agree what happened (i.e., the employee was terminated). Where they differ relates more to the...By: Parker Poe Adams & Bernstein LLP

Under Title VII, employers are vicariously liable for incidents of sexual harassment engaged in by supervisors. In its Faragher and Ellerth decisions, the U.S. Supreme Court acknowledged a limited defense to claims of supervisor harassment where the...By: Parker Poe Adams & Bernstein LLP

One of the major trends in recent years in employment discrimination law has been the lowering of the standard required for a plaintiff to demonstrate a hostile and offensive working environment based on race or sex. Federal courts now routinely find...By: Parker Poe Adams & Bernstein LLP

In employment discrimination cases, when the plaintiff makes out a prima facie claim of bias, the employer must articulate legitimate non-discriminatory reasons for the action. The plaintiff then has the ultimate burden of proving that those...By: Parker Poe Adams & Bernstein LLP