Archives of Newsletter Articles

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 […]

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 […]

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. […]

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, […]

We are seeing a consistent pattern of increasing vaccine mandates. Even if yourbusiness doesn’t plan to mandate vaccination, be aware that many of your clients andcustomers may issue a mandate that affects your workforce. Many businesses are finding that their clients will only accept vaccinated workers onsite. Others are finding that clientsand customers refuse to […]

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 […]