Archives of Newsletter Articles

In today’s age, nearly all Americans have some sort of social media account, whether that be Facebook, Instagram, Twitter, LinkedIn, YouTube, or TikTok. With this widespread use, employers are often faced with a myriad of challenges relating to their employee’s social media accounts. Employees will often post statements/videos/comments on their private accounts that may not […]

The Equal Pay Act (EPA) prohibits employers from discriminating “between employees on the basis of sex by paying wages to employees… at a rate less than the rate at which [it] pays wages to employees of the opposite sex.” Previously, courts determined that the EPA required companies to make sure the total compensation for employees […]

On December 14, 2021, the Equal Employment Opportunities Commission (EEOC) released Guidance on when Covid-19 is considered a disability under the Americans with Disabilities Act (ADA). Under the ADA, an employee is considered an “individual with a disability” if (1) s/he has an actual disability, (2) s/he has a record of having a disability, or […]

The No Surprises Act, effective January 1, 2022, is designed to protect patients from “surprise bills” – bills for services patients unexpectedly receive from out-of-network (OON) providers in an in-network facility. The law also promotes patient transparency by requiring providers to give good faith estimates of the total cost of expected care to uninsured and […]

Last month, the Internal Revenue Service (IRS) announced that the 2022 employee contribution limit to 401(k) plans has been raised to $20,500, an increase from $19,500 for 2021 and 2020. People aged 50 and older may contribute a catch-up of $6,500 to 401(k), 403(b), most 457 plans, and the federal government’s Thrift Savings Plan. The […]

A federal jury recently awarded a former Novant Health employee $10 million dollars in a wrongful termination lawsuit, concluding Novant violated Title VII of the Civil Rights Act by terminating the white male employee based on his race and gender. In this case, the white male plaintiff had consistently positive performance reviews, but was abruptly […]

Some medical device companies pay physicians royalty fees to help develop their products. While these payments are permissible when structured appropriately, they are unlawful when their true purpose is to pay kickbacks to physicians for using or recommending medical devices. Federal enforcement agencies are cracking down on illegal kickbacks under the guise of royalty payments […]

Last month, the EEOC filed its first lawsuit against an employer due to its alleged failure to reasonably accommodate an employee’s request related to COVID-19. The EEOC alleges that an employer unlawfully denied an employee’s request to work from home two days per week and ultimately terminated her employment. Ronisha Moncrief (“Moncrief”), who has chronic […]

Over the last decade, non-compete agreements (which are sometimes referred to as covenants not to compete) have become increasingly popular. Employers who utilize non-compete agreements should review them regularly to ensure that they are enforceable. Even well-drafted agreements that were adequate at the time they were implemented may not be enforceable due to changes in […]

The Obama administration implemented a joint employment rule in 2016 that made it far more likely that both temporary agencies and the entities that utilize the workers employed by temp agencies would be considered “joint employers” – hence jointly liable for violations of laws affecting workers. The Obama-era rule was reversed by the Trump administration, only […]