Archives of Newsletter Articles

UPDATED NOTICE OF RIGHTS UNDER FCRA REQUIRED WITH BACKGROUND CHECKS

On March 24, 2023, the Consumer Financial Protection Bureau (CFPB) released an updated version of their notice, “A Summary of Your Rights Under the Fair Credit Reporting Act” (the “Updated Notice”). Employers who conduct background or credit checks on employees or job applicants are required to provide the Updated Notice under FCRA. The Updated Notice […]

DEA’S PROPOSED RULE ON TELEMEDICINE AND PRESCRIBING CONTROLLED SUBSTANCES

The Ryan Haight Online Pharmacy Consumer Protection Act of 2008 (the “Ryan Haight Act”) was enacted to amend the Controlled Substances Act to crack down on online prescribing of highly addictive substances, especially to teenagers and young adults, and impose stricter regulations on the use of telemedicine to prescribe controlled substances. When the pandemic hit […]

CONFIDENTIALITY AND NON-DISPARAGEMENT TERMS IN SEVERANCE AGREEMENTS

On February 21, 2023, the National Labor Relations Board (“NLRB”) announced a decision in McClaren McComb, 372 NLRB No. 58 (2023), overturning two Trump-era cases concerning confidentiality and non-disparagement clauses in severance agreements. Thereafter on March 21, 2023, the NLRB’s General Counsel Jennifer Abruzzo released a clarifying memorandum in response to inquiries on the McClaren […]

COVID-19 PHE TO END ON MAY 11, 2023

On January 30, 2023, the Biden Administration announced their intention to end the COVID-19 national emergency and public health emergency declarations (“PHE”) on May 11, 2023. The announcement was made to comply with the Administration’s commitment to give a notice of no less than 60 days and to give healthcare providers ample time to adjust […]

UPDATES ON THE FTC’S PROPOSED NON-COMPETE RULE

On January 5, 2023, the Federal Trade Commission (“FTC”) announced a Notice of Proposed Rulemaking, outlining a new proposed rule (“the Rule”) that would effectively ban non-compete agreements. The FTC considers non-competes to be violations of Section 5 of the Federal Trade Commission Act, which aims to prevent unfair methods of competition. The announcement has […]

ATTENTION, NORTH CAROLINA CORPORATIONS AND LIMITED LIABILITY COMPANIES

Annual reports for corporations and limited liability companies with fiscal years ending on December 31 are due April 15, 2023. Filing of annual reports can be completed via the North Carolina Secretary of State’s online filing system.   If you have questions or concerns about your reporting obligations, please do not hesitate to reach out […]

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 […]

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 […]

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 […]

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 […]