Supreme Court Rules Title VII Protects LGBTQ Employees From Discrimination

On June 15, 2020, the Supreme Court, in a 6-3 vote, ruled that Title VII protects employees from discrimination based on their gender identity and sexual orientation.   Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits employers from discriminating against employees “because of… sex.” The Supreme Court addressed the question of […]

Proposed Legislation That Could Negatively Impact Your Business

The North Carolina General Assembly has introduced two separate bills in the House (HB 1056 and HB 1057) in an effort to address COVID-19 claims under workers’ compensation. Currently, a COVID-19 case would be treated as an occupational disease, and thus a claimant would have to prove that he contracted the virus from work and […]

OSHA Revised COVID-19 Reporting Guidance – New Rules Effective May 26, 2020

On May 19, 2020, the Occupational Safety and Health Administration (OSHA) provided updated interim guidance detailing when employers must record COVID-19 illnesses. This new guidance applies to employers with 10 or more employees. It goes into effect May 26, 2020, until further notice, and supersedes guidance issued April 10, 2020. The new guidance clarifies that […]

Summer Law Clerk: Itané Coleman

Gardner Skelton is proud to participate in the Charlotte Legal Diversity Clerkship (CLDC) program for the second year. Established in 2006, the CLDC program operates with one basic goal: to improve diversity in the Mecklenburg County Bar by attracting top first-year law students with diverse backgrounds to Charlotte through corporate and law firm summer internships. We are […]

Gardner Skelton PLLC Wins Small Firm Division of Legal Feeding Frenzy

Employer Liability for COVID-19

Does a business have potential liability if someone contracts coronavirus (COVID-19) on business premises? Maybe, but, in most cases, it’s unlikely.  In North Carolina, there are three primary sources of potential liability for injury to employees: (1) the Occupational Safety and Health Act of 1970 (the “OSH Act”); (2) the North Carolina Workers’ Compensation Act; […]

New Guidance for Critical Infrastructure Workers

The Centers for Disease Control and Prevention (CDC) recently published interim guidance for implementing safety practices for critical infrastructure workers who may have had exposure to a person with COVID-19.  According to the CDC, in order to ensure continuity of operations, critical infrastructure workers may be permitted to continue working following potential exposure to COVID-19, provided they […]

SBA Reopens PPP Loan Applications Monday, April 27

On Friday, April 24, 2020, the U.S. House passed the Paycheck Protection Program and Health Care Enhancement Act, a $484 billion bill that will replenish the Paycheck Protection Program. This supplemental relief package includes:  $310 billion for the Paycheck Protection Program (PPP)  $60 billion for the Economic Injury Disaster Loan program  $75 billion for health care […]

CARES Act for Heath Care Providers

On March 27, 2020, the CARES Act was signed into law, providing sweeping fiscal stimulus, financial relief, and regulatory relaxation to industries across the United States, including special focus on the health care sector as it combats the spread of COVID-19. This article provides an overview of some of the CARES Act’s major federal health care […]

OIG Expands New Stark Law “Blanket Waivers” to Provide Additional Protection Under Federal Anti-Kickback Statute

On April 3, 2020, the U.S. Department of Health and Human Services, Office of Inspector General (“OIG”) released a policy statement (“Policy Statement”), in which the OIG announced that it will “exercise its enforcement discretion not to impose administrative sanctions under the Federal anti-kickback statute” (“AKS”), for certain arrangements established in connection with responding to […]