Archives of Employment Law


On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”). The Act amends the Federal Arbitration Act (FAA) and prohibits employers from enforcing pre-dispute arbitration agreements, and class or claim waivers, in connection with claims of sexual assault or sexual harassment. […]

The Vaccine Mandate is Here: Compliance will be required for most employers with 100+ employees by January 4, 2022

OSHA published a new Emergency Temporary Standard (ETS) requiring most employers with 100+ employees to mandate COVID-19 vaccinations or require weekly COVID testing.  Employers must implement policy by no later than December 5, 2021, and fully comply by January 4, 2022.  OSHA has published some helpful guidance for employers, including this FAQ and a 30-minute webinar. […]

DOL Issues New Guidance on Independent Contractor Status

On January 6, 2021, the US Department of Labor (DOL) issued long sought-after clarity on the legal distinction between independent contractors and employees under the Fair Labor Standards Act (FLSA). The rule is scheduled to take effect on March 8, 2021.  The rule reaffirms the “economic reality” test to determine whether an individual is in business for him or […]

EEOC to Re-Open EEO Data Collections in 2021

After delaying the opening of the 2019 EEO-1 Component 1 Data Collection on May 8, 2020 in light of COVID-19, the Equal Employment Opportunity Commission (EEOC) recently announced the 2019 and 2020 EEO-1 Component 1 Data Collection (EEO-1 Report) is on schedule to open in 2021.  The EEO-1 Report is a compliance survey mandated by federal […]

FFCRA Leave Expired, But Can Employees Still Get It?

On December 31, 2020, paid sick leave and expanded family and medical leave requirements under the Families First Coronavirus Response Act (FFCRA) expired. The Department of Labor (DOL) provided new guidance in the form of Frequently Asked Questions, addressing whether workers who did not use their leave entitlement under the FFCRA in 2020 are eligible to […]

Many Employers Opt to Encourage, Not Require, COVID Vaccine

In December, the Equal Employment Opportunity Commission (EEOC) issued guidance clarifying that employers can require their employees to get the COVID-19 vaccination as a condition of working onsite, provided that, if an employee opts not to receive the vaccine, the employer must engage in an individualized analysis of whether an exception is necessary to provide […]

New Payroll Tax Deferral Guidance

  On August 8, 2020, President Trump issued a Presidential Memorandum allowing for the deferral of federal payroll taxes for the period of September 1, 2020, through December 31, 2020. The memorandum directed the Secretary of the Treasury to use his authority to defer certain payroll tax obligations for American workers in most need during this global-wide […]

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 […]

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 […]
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