Archives of Newsletter Articles


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 […]

Flip Flop Flip: Department of Labor Rescinds Final Rule on Joint Employment (again)

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 […]

Assessing the Employee’s Religious Exemption Request to a Vaccine Mandate

Most employers have likely had discussions about whether and when to require employees to become vaccinated, or what to do if the vaccine mandate announced by President Biden (applicable to all employers of 100+ employees) becomes law. Even if federal law makes vaccinations mandatory, it is likely that the law will continue to recognize potential […]

Important news for employers in the city of Charlotte – Charlotte City Council expands local nondiscrimination law

In early August, the Charlotte City Council unanimously passed an amendment to thecity’s nondiscrimination ordinance (“NDO”). The expanded ordinance applies tobusinesses of all sizes and provides protections not otherwise provided under state andfederal law. Who does the NDO apply to? The NDO applies to businesses of all sizes that operate in the city of Charlotte. […]

Are you giving paid leave to employees for COVID vaccination or for recovery from vaccine side effects? If so – get your tax credits!

In April 2021, the Treasury Department and the IRS announced that eligible employerscould receive paid leave tax credits under the American Rescue Plan Act of 2021 (ARP)for providing leave for employees receiving the vaccine and for the time needed to recoverfrom the vaccine from April 1, 2021, through September 30, 2021. On July 29, 2021, […]

Important changes for NC employers regarding employee pay

On July 8, 2021, Governor Roy Cooper signed Senate Bill 208 – which changes certainprovisions of the North Carolina Wage and Hour Act (NCWHA). Employers should be aware of the following key changes:Employers must notify their employees, in writing at the time of hiring, of thepromised wages and the day and place for payment. Before […]

Mandatory Vaccines Are Coming

On Thursday, September 9, 2021, President Biden announced a new plan tocombat Covid-19. It mandates the Covid-19 vaccine for a select group ofemployers/employees, but the specific rules are forthcoming. Here’s thebreakdown:   Employers with 100+ employees The U.S. Department of Labor’s (DOL) Occupational Safety and Health Administration(OSHA) will announce a rule that will require all […]