Archives of Business Litigation

EEOC RELEASES UPDATED GUIDANCE REGARDING HEARING DISABILITIES AND ADA COMPLIANCE

On January 24, 2023, the EEOC released an updated guidance document, “Hearing Disabilities in the Workplace and the Americans with Disabilities Act.” The guidance specifically focuses on how the Americans with Disabilities Act (“ADA”) applies to job applicants and employees with hearing disabilities, including when employers may ask for information regarding a disability, types of […]
1 month ago

WORKPLACE CONSIDERATIONS AND PROTECTIONS FOR PREGNANT AND NURSING EMPLOYEES

2023 brings increased protections for pregnant and nursing employees, with the passing of the Providing Urgent Maternal Protections for Nursing Mothers Act and the Pregnant Workers Fairness Act on December 29, 2022. Both Acts expand employer obligations to pregnant and nursing employees, including break time and reasonable accommodation requirements. Covered employees include mothers who have […]
2 months ago

HHS RELEASES BULLETIN ON TRACKING TECHNOLOGIES AND HIPAA

On December 1, 2022, the U.S. Department of Health and Human Services (“HHS”) issued a bulletin regarding electronic tracking technologies and their interaction with the HIPAA Privacy, Security, and Breach Notification Rules (“HIPAA Rules”). The bulletin defines tracking technologies, acceptable and unacceptable uses, and outlines actions covered entities should take to ensure compliance.  Tracking technologies […]
2 months ago

NEW REQUIREMENTS FOR USING AN ASSUMED BUSINESS NAME IN NC

December 1, 2022, was the deadline for complying with North Carolina’s revised laws regarding assumed business names, as the 2017 Assumed Business Name Act went fully into effect. The revised set of laws established a public, searchable online database for all assumed business names across the state. Additionally, businesses can designate multiple counties in which […]
3 months ago

BATTLING EMPLOYEE BURNOUT: QUIET QUITTING AND THE GREAT RESIGNATION

Amongst lip-syncing clips and influencer tutorials, the idea of “Quiet Quitting” has recently become a major trend across social media. Quiet Quitting, which is considered a rebellion against “hustle culture,” encourages employees to avoid going above and beyond for their employers and to stick to the bare minimum of their job duties. This trend arises […]
5 months ago

GENDER DYSPHORIA NOW PROTECTED UNDER ADA

While the issue of accommodating transgender people is not a new topic – think Orange is the New Black – on August 16, 2022, the Fourth Circuit became the first federal appellate court to consider whether gender dysphoria constitutes a disability under the ADA, and therefore requires reasonable accommodation. In Williams v. Kincaid, the Court […]
6 months ago

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 […]
3 years ago