We recently presented on the topic of settlement and severance agreements as part of Nexsen Pruet’s Employment Law Certificate Series: Building Workplaces That Win.
Are maximum leave policies legal?
An employer has agreed to pay 2M to resolve a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), according to the EEOC and court records.
DOJ Officially Shelves Long-Planned Title III Website Regulations
In what could prove to be a mixed bag for employers, the Department of Justice (DOJ) officially has shelved once-planned website accessibility regulations under Title III of the Americans with Disabilities Act (ADA). The decision should put to rest—for now—speculation that the Trump-era DOJ will enforce Title III’s provisions against companies whose websites are not accessible by screen-reader technology.
North Carolina Cracks Down on Employee Misclassification
Most employers are familiar with legal issues surrounding the classification of workers as employees or independent contractors. Until recently, these discussions centered primarily around the decision on how a worker should be classified. Based on recent legislation in North Carolina, however, that conversation is shifting to account for the greater potential fallout from worker misclassification.
Don’t Let a Legal Claim Eclipse This Solar Event
On the afternoon of August 21, 2017, the first total eclipse to touch the U.S. mainland since 1979 will cut a “path of totality” through the Carolinas (including Greenville, Columbia, and Charleston). While communities along its path are preparing for eclipse viewing events and throngs of visitors and spectators, Monday undoubtedly will be business as usual for many employers.
Discrimination claims against Bass Pro result in $10.5 million settlement and serve as reminder to other employers
Last month, a federal court in Texas approved a settlement between the U.S. Equal Employment Opportunity Commission and Bass Pro Outdoor World LLC in a lawsuit filed by the EEOC that alleged widespread hiring discrimination and retaliation.
HR Reminder: On Sept. 18, Start using New Form I-9
The U.S. Citizenship and Immigration Services (USCIS) recently released a new version of Form I-9, which must be used on and after Sept. 18, 2017. This new form has a revision date of July 17, 2017, and is the current (and only) version that is available on the agency’s website.
President Trump Moves to Fill Last Vacancy on EEOC
This week, President Trump announced that he would nominate Daniel Gade for the last open seat on the five-member U.S. Equal Employment Opportunity Commission.
Religious Accommodations: When Biometric Scanners and the Mark of the Beast Collide
Increasingly, employers are turning to biometric scanners – usually a fingerprint or hand scanner – to track employees’ working time. This method for clocking in and out is generally more efficient and accurate than traditional methods, such as using a punch clock.
Good Faith Belief in Employee’s Wrongdoing Serves as Defense Against Retaliation Claim
A recent Fourth Circuit Court of Appeals ruling may offer employers in North and South Carolina another defense against an employee’s retaliation claim: No liability for adverse action against an employee based on the employer’s genuine belief that the employee made a false complaint of discrimination.
Employers Should Be Aware of Pitfalls When Entering into Severance Agreements
Severance agreements in the workplace have evolved considerably during the last twenty-five years. The idea of severance being paid to an employee only where a company has an established severance plan is no longer a reality. Employers often enter into severance agreements with employees for the sole purpose of obtaining a release from the employee of any claims the employee has against the company. In return for the release, the employer pays a “severance” to the employee.
New NC Law Improves Protections of Farmers Against Unionization
On July 13, 2017, North Carolina helped farmers by improving statutory protections against unionization. Although farmworkers generally do not have a statutory right to unionize under N.C. or federal law, unions are using indirect tactics to force farmers to unionize, such as asserting economic pressure or filing federal lawsuits.
Wild Kingdom: ADA and Service Animals
What do a parrot named “Sadie,” a Shih Tzu/poodle mix named “Jazz,” and a miniature horse have in common? SC Lawyer called on Nexsen Pruet employment and labor law attorney William Floyd to answer this question.
Supreme Court Confirms Retirement Plans of Church-Affiliated Organizations Can be Exempt from ERISA
In a much-anticipated ruling, the U.S. Supreme Court ruled on June 5 that retirement plans maintained by church-affiliated organizations can be exempt from the Employee Retirement Income Security Act (ERISA), regardless of which organization establishing the plan. While the ruling may provide some temporary relief to church-affiliated organizations, it also reveals what is likely to be the next wave of challenges in this area of the law.
Groundbreaking Trial Ends with Ruling that Grocery Store Must Make its Website ADA Accessible
In a first, a federal court in Florida ruled recently that a grocery store must make its website accessible to the disabled. The plaintiff in the case, a blind man who uses screen-reading technology to access and view websites, obtained injunctive relief, as well as his attorneys’ fees and costs.