Legal News

When cited for violation of OSHA safety rules, employers can assert an “unpreventable employee misconduct” defense. This defense claims that the employee knew that he or she should safely engage in the work activity, yet ignored these instructions...By: Parker Poe Adams & Bernstein LLP

Interstate truck drivers are generally exempt from the overtime requirements of the Fair Labor Standards Act. However, this statutory exemption does not apply to minimum wage obligations, and employers are therefore required to track hours worked by...By: Parker Poe Adams & Bernstein LLP

In a recent claim filed against one of our clients, an aggrieved employee alleged that a manager who was a former military officer had a preference for hiring and promoting people with military experience. The employee in this case was a woman who...By: Parker Poe Adams & Bernstein LLP

Last week, the Equal Employment Opportunity Commission released instructions for employers required to file 2017 and 2018 pay information that includes a breakdown by demographics, referred to as Component 2 data. The instructions and support...By: Parker Poe Adams & Bernstein LLP

North Carolina’s Retaliatory Employment Discrimination Act (REDA) prohibits employers from taking retaliatory action against employees on the basis of workers’ compensation, OSHA, wage and hour, and other state labor law complaints. Like Title VII...By: Parker Poe Adams & Bernstein LLP

The U.S. Department of Labor’s new Wage and Hour Administrator Cheryl Stanton recently released her first series of opinion letters on various wage payment topics. Of interest to some employers was a letter asking about overtime status for paralegals...By: Parker Poe Adams & Bernstein LLP

The National Labor Relations Act guarantees employees the right to engage in protected concerted activity, meaning two or more employees objecting to terms and conditions of employment. Most recent concerted activity cases have involved employee...By: Parker Poe Adams & Bernstein LLP

Employees cannot sue under federal anti-discrimination laws for every perceived slight or workplace occurrence. In order to be actionable, the alleged employer conduct must rise to the level of an “adverse employment action.”...By: Parker Poe Adams & Bernstein LLP

In his classic 1998 business book “Who Moved my Cheese?,” Spencer Johnson discussed the need for businesses and employees to focus on the need to adapt to changes in their industries. In our practice, we frequently see claims filed by employees...By: Parker Poe Adams & Bernstein LLP

The #MeToo movement’s efforts to protect employees from unlawful harassment continues to resonate at the state level. In late June, the New York state legislature passed the most expansive sexual harassment prohibitions in the nation, extending...By: Parker Poe Adams & Bernstein LLP