Immigration Update
April Showers Bring May Social Security No-Match Letters
Sarah E. Buffett, Stephen (Steve) M. Hader, Scott D. Syfert
May 4, 2011

The MVA Global Immigration team sent out a client alert entitled "April Showers Bring May Social Security No-Match Letters" on May 3, 2011.

Immigration Update
2012 H-1B Cap Opens....To Much Smaller Demand Than Expected
Sarah E. Buffett, Stephen (Steve) M. Hader, Scott D. Syfert
April 13, 2011

The Moore & Van Allen Global Immigration team sent out an Immigration alert entitled "2012 H-1B Cap Opens....To Much Smaller Demand Than Expected" on April 11, 2011.

Immigration Update
USCIS Accepting New H-1B Visa Petitions as of April 1, 2011
Sarah E. Buffett, Stephen (Steve) M. Hader, Scott D. Syfert
March 14, 2011

The Moore & Van Allen Global Immigration practice group sent out an Immigration Update on March 14, 2011.

Employment Update
Another Expansion of Federal Discrimination Laws: U.S. Supreme Court Rules that Employers Can Be Liable for Discriminatory Bias of Non-Decision Makers.
Anthony (Tony) T. Lathrop, Karin M. McGinnis, Paul J. Peralta, Randel E. Phillips, John A. Zaloom
March 10, 2011

The MVA Employment & Labor team released an Employment Update entitled, "Another Expansion of Federal Discrimination Laws: U.S. Supreme Court Rules that Employers Can Be Liable for Discriminatory Bias of Non-Decision Makers" on March 10th.

Wealth Transfer Newsletter February 2011
Current Developments, Planning Opportunities & Updates
Wealth Transfer Team
February 2011

In this edition of our Newsletter, we reflect on various matters surrounding the Tax Relief Act of 2010 including what it means to one's estate planning documents and planning opportunities available as a result of TRA 2010.

Top 10 for 2011
Employment & Labor, Employee Benefits & Global Immigration Update
Sarah E. Buffett, Ana M. Flynn, Beth Yount Grimes, Alton (Larry) L. Gwaltney III, Stephen (Steve) M. Hader, Janet J. Higley, Daniel (Danny) L. Johnson, Jr., Anthony (Tony) T. Lathrop, Karin M. McGinnis, Christopher A. Ogiba, Paul J. Peralta, Randel E. Phillips, Scott D. Syfert, Ann P. West, John A. Zaloom
February 2011

It is a good time to focus on some top "to do" items in the employment, employee benefits and immigration arenas.

Employment Update
The Ever Expanding Net of Title VII Retaliation Liability
Anthony (Tony) T. Lathrop, Karin M. McGinnis, Paul J. Peralta, Randel E. Phillips, John A. Zaloom
January 31, 2011

The MVA Employment & Labor team released an Employment Update entitled, "The Ever Expanding Net of Title VII Retaliation Liability" on January 31st.

Immigration Update
USCIS Reaches Fiscal Year 2011 H-1B Cap on January 27, 2011
Sarah E. Buffett, Stephen (Steve) M. Hader, Scott D. Syfert
January 28, 2011

The Global Immigration team released an Immigration Update entitled, "USCIS Reaches Fiscal Year 2011 H-1B Cap on January 27, 2011" on January 28th.

Immigration Update
Increase in Security Clearances for U.S. Visa Applicants with Technical Backgrounds from India and China
Sarah E. Buffett, Stephen (Steve) M. Hader, Scott D. Syfert
January 19, 2011

The MVA Global Immigration team released an Immigration alert entitled, "Increase in Security Clearances for U.S. Visa Applicants with Technical Backgrounds from India and China" on January 19, 2011.

Immigration Update
2011 H-1B Cap Numbers Going Fast
Sarah E. Buffett, Stephen (Steve) M. Hader, Scott D. Syfert
January 18, 2011

The MVA Global Immigration team released an Immigration alert entitled, "2011 H-1B Cap Numbers Going Fast" on January 18, 2011.

Wealth Transfer Practice Group Alert
Wealth Transfer Team
December 22, 2010

The Wealth Transfer team released a Wealth Transfer alert on December 22, 2010 regarding President Obama signing into law the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (the "2010 Bill").

Immigration Update
New H-1B visas still available, but for how long?
Sarah E. Buffett, Stephen (Steve) M. Hader, Scott D. Syfert
December 16, 2010

The MVA Global Immigration team released an Immigration alert entitled, "New H-1B visas still available, but for how long?" on December 16, 2010.

Immigration Update
CIS Announces Important Changes to Form I-129
Sarah E. Buffett, Stephen (Steve) M. Hader, Scott D. Syfert
November 18, 2010

MVA's Global Immigration Team released an Immigration Update on 11/18 entitled, " CIS Announces Important Changes to Form I-129."

Wealth Transfer Newsletter November 2010
Current Developments: Planning Opportunities & Updates
Wealth Transfer Team
November 2010

In this edition of our Newsletter, we reflect on various matters including - current developments in tax and estate planning, transfers to GST exempt trusts in 2010, and planning opportunities in a favorable interest rate environment.

Immigration Update
New USCIS Fees Take Effect on Nov. 23, 2010
Sarah E. Buffett, Stephen (Steve) M. Hader, Scott D. Syfert
November 5, 2010

On Nov. 5th, MVA's Global Immigration Team released an Immigration Update entitled "New USCIS Fees Take Effect on Nov. 23, 2010."

SALT Newsletter
Taxation Group
October 2010

The Taxation Team has released its inaugural state and local tax ("SALT") newsletter. This newsletter highlights recent developments in North Carolina and South Carolina tax law.

Immigration Update
FY-2011 H-1B Cap Still Available - CAP NOT REACHED YET
Sarah E. Buffett, Stephen (Steve) M. Hader, Scott D. Syfert
July 19, 2010

MVA's Global Immigration team released an Immigration Update entitled "FY-2011 H-1B Cap Still Available - CAP NOT REACHED YET" on 7/19/2010.

Intellectual Property Update
June 28, 2010

MVA's IP Team releases news of the Bilski v. Kappos decision.

Employment Update
US High Court Supports Employer Right to Monitor Employee Private Communications Over Employer-Provided Systems
Anthony (Tony) T. Lathrop, Karin M. McGinnis, Paul J. Peralta, Randel E. Phillips, John A. Zaloom
June 21, 2010

MVA's employment team released a new employment alert on June 21, 2010.

Employment Update
Hire Act Payroll Tax Exemption and Credit
Anthony (Tony) T. Lathrop, Karin M. McGinnis, Paul J. Peralta, Randel E. Phillips, John A. Zaloom
June 15, 2010

MVA's Employment and Labor group released a practice group update on 6/15/2010 entitled Hire Act Payroll Tax Exemption and Credit.

Immigration Update
Sarah E. Buffett, Stephen (Steve) M. Hader, Scott D. Syfert
June 9, 2010

Moore & Van Allen's Global Immigration Team released an Immigration Update entitled "E-Verify Redesign Requires New Tutorial Completion to Continue Program Use."

Wealth Transfer Newsletter
Current Developments: Planning Opportunities and Updates
Wealth Transfer Team
May 2010

In this edition of our Newsletter, we reflect on various matters including - Roth IRA conversion, legislation updates, and gifts and GRATs.

Immigration Update
USCIS still accepting cap-subject H-1B filings
Sarah E. Buffett, Stephen (Steve) M. Hader, Scott D. Syfert
April 9, 2010

MVA's Global Immigration Team released an Immigration Update entitled "USCIS still accepting cap-subject H-1B filings."

Immigration Update
April 1st Filing Window for New H-1B visas is Quickly Approaching
Sarah E. Buffett, Stephen (Steve) M. Hader, Scott D. Syfert
February 17, 2010

The Global Immigration Team released its newest Immigration alert entitled "April 1st Filing Window for New H-1B visas is Quickly Approaching" on February 17th.

Employment Law News
Cobra Subsidy: New Notice & Tax Credit Procedures
Ana M. Flynn, Daniel (Danny) L. Johnson, Jr., Karin M. McGinnis, Paul J. Peralta, Randel E. Phillips, John A. Zaloom
January 11, 2010

The Employment & Labor and Employee Benefits groups released a newsletter on January 11, 2010 highlighting Cobra Subsidy: New Notice & Tax Credit Procedures.

Immigration Update
USCIS Reaches Fiscal Year 2010 H-1 Cap
Sarah E. Buffett, Stephen (Steve) M. Hader, Scott D. Syfert
December 23, 2009

On December 22, 2009, U.S. Citizenship and Immigration Services (USCIS) announced that it had received a sufficient number of H-IB petitions to reach the statutory cap for fiscal year (FY) 2010.

Wealth Transfer Newsletter
Current Developments, Highlights & Changes
Wealth Transfer Team
December 2009, Wealth Transfer Newsletter - December 2009

In this edition of our Newsletter, we reflect on various matters including- the latest on Estate Tax Legislation and planning opportunities with IRAs.

Top 10 for 2010
Employment & Labor, Employee Benefits & Global Immigration Update
Sarah E. Buffett, Ana M. Flynn, Beth Yount Grimes, Alton (Larry) L. Gwaltney III, Stephen (Steve) M. Hader, Daniel (Danny) L. Johnson, Jr., Anthony (Tony) T. Lathrop, Karin M. McGinnis, Christopher A. Ogiba, Paul J. Peralta, Randel E. Phillips, Scott D. Syfert, Ann P. West, John A. Zaloom
December 14, 2009

The year 2010 promises to bring with it continuing challenges for employers.

Appellate Law360
Willis (Bill) P. Whichard
December 1, 2009

Bill Whichard was profiled in the Appellate Law360 newsletter on November 30, 2009.

Immigration Update
New H-1B visas still available, but for how long?
Sarah E. Buffett, Stephen (Steve) M. Hader, Scott D. Syfert
November 3, 2009

Yesterday, U.S. Citizenship and Immigration Services (CIS) reported that as of October 25, 2009, it had received approximately 52,800 petitions against the 58,200 H-1B standard cap numbers available.

Wealth Transfer Newsletter
Current Developments, Highlights & Changes
Wealth Transfer Practice Group
August 2009

In this edition of our Newsletter, we reflect on various matters including: pending legislation, important income tax considerations, and the continued viability GRATs.

Immigration Update
USCIS Visits H-1B Employers and Employees
Sarah E. Buffett, Stephen (Steve) M. Hader, Scott D. Syfert
August 25, 2009

IRS Announcement of Qualifying Advanced Energy Project Program
Sprunger & Joyner
August 2009, Energy Update

The Treasury Secretary and the Internal Revenue Service announced the establishment of the qualifying advanced energy project program to implement the new investment credit under Section 48C of the Internal Revenue Code.

Grants in Lieu of Credits
Sprunger & Joyner
July 2009, Energy Update

The Treasury Department and the Department of Energy announced that they are now accepting applications for grants in lieu of production tax credits (“PTCs”) and investment credits for specified energy properties.

Update Regarding Red Flags Rules Enforcement
MVA Health Care Team
July 31, 2009, Health Care Alert

FTC Again Postpones Red Flags Rules Enforcement

Reminder: Federal Minimum Wage Changes
Federal Minimum Wage Increase goes into Effect Today (7/24/09)
MVA Employment & Labor Team
July 24, 2009, Employment Alert

On Friday, July 24, 2009 the Federal Minimum wage increases to $7.25 per hour.

ICE launches nationwide I-9 Audit Initiative
MVA Immigration Team
July 6, 2009, Immigration Update

U.S. Immigration and Customs Enforcement (ICE) is launching a new audit initiative by issuing Notices of Inspection (NOIs) to 652 businesses nationwide – which is more than ICE issued throughout all of last fiscal year.

Supreme Court Addresses Employee’s Burden in Mixed-Motives ADEA Cases
U.S. Supreme Court Shields Employers from the Burden of Persuasion
MVA Employment & Labor Team
July 1, 2009, Employment Law Alert

In Mixed- Motives ADEA Cases, the U.S. Supreme Court Shields Employers from the Burden of Persuasion.

Immigration Update
USCIS to Resume Premium Processing Option for Select Form I-140 Filings
Sarah E. Buffett, Stephen (Steve) M. Hader, Scott D. Syfert
June 24, 2009

USCIS announced today that effective June 29, 2009, it will resume Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker, in accordance with 8 CFR 103.2(f)(2).

New Travel Requirements for U.S. Citizens
MVA Immigration Team
May 2009, Immigration Update

On June 1, 2009, the U.S. government will implement the land and sea requirements of The Western Hemisphere Travel Initiative (WHTI).

Immigration Update
New Labor Condition Application (ETA-9035) Process Causes Filing Delays
MVA Immigration Team
May 6, 2009

Effective as of May 15, 2009, the Office of Foreign Labor Certification (OFLC) will fully implement a new portal system, called iCERT, for the submission of the new ETA Form 9035E - Labor Condition Application (LCA).

Wealth Transfer Newsletter
Current Developments, Highlights and Legislative Changes
Wealth Transfer Practice Group
April 2009

President Obama has signed one of the most significant pieces of legislation to have been passed by Congress, the American Recovery and Reinvestment Act of 2009 (the “Stimulus Act”). In this edition of the Newsletter, we will highlight for you portions of the Stimulus Act that we believe would be most relevant to the wealth transfer planning area.

Immigration Update
USCIS still accepting cap-subject H-1B filings
MVA Immigration Team
April 8, 2009

U.S. Citizenship and Immigration Services (USCIS) announced today (April 8, 2009) that it continues to accept H-1B nonimmigrant visa petitions subject to the fiscal year 2010 (FY 2010) cap.

Immigration Update
US Employers Now Required to Use New I-9 Form
MVA Immigration Team
April 3, 2009

As of April 3, 2009 a new Form I-9 is required. The new form and handbook are available.

Health Care Alert
Summary of Changes to HIPAA Privacy and Security Requirements included in the American Recovery and Reinvestment Act
MVA Health Care Team
April 2009

On February 17, 2009, the American Recovery and Reinvestment Act (the “Act”) was signed into law. A portion of the Act, known as the Health Technology and Economic and Clinical Health Act (the “HITECH Act”), relates to investments in health information technology and contains a number of changes to HIPAA’s Privacy and Security Rule requirements.

Employment Law News
Battle Begins Over the Employee Free Choice Act
Alton (Larry) L. Gwaltney III, Robert (Robb) C. Jenkins, Anthony (Tony) T. Lathrop, Karin M. McGinnis, Paul J. Peralta, Randel E. Phillips, Colin R. Stockton, Nicole (Nic) M. Thompson, John A. Zaloom
March 16, 2009

On March 10, 2009, Senator Tom Harkin and Representative George Miller introduced the Employee Free Choice Act of 2009 into the U.S. Senate (S. 560) and House of Representatives (H.R. 1409).

Health Care Alert
Health Care Related Developments to Watch in 2009 Part 2
MVA Healthcare Team

With a new President in office and an economic stimulus package allocating billions of dollars for healthcare and related activities, 2009 promises to be a very exciting year for the healthcare industry.

Immigration Update
April 1 Deadline for Fiscal Year 2010 H-1B Lottery Filing
MVA Immigration Team
March 3, 2009

As a reminder, April 1, 2009 will be the first day USCIS will accept new petitions for H-1B Professional Worker Visas. USCIS has a cap of 65,000 H-1B visas(as well as an additional 20,000 for U.S. Masters degree holders), available per CIS fiscal year which runs from October 1 to September 30.

Employment Law News
Ana M. Flynn, Beth Yount Grimes, Alton (Larry) L. Gwaltney III, George V. Hanna III, Janet J. Higley, Robert (Robb) C. Jenkins, Daniel (Danny) L. Johnson, Jr., Anthony (Tony) T. Lathrop, Karin M. McGinnis, Paul J. Peralta, Colin R. Stockton, Nicole (Nic) M. Thompson, Ann P. West, John A. Zaloom
February 20, 2009

The American Recovery and Reinvestment Act ("ARRA"), enacted February 17, 2009, includes COBRA provisions that will affect employers who laid off or otherwise involuntarily terminated employees since September 1, 2008 or who will involuntarily terminate employees during the rest of 2009.

Employment Law News
U.S. Supreme Court Confirms Broad Protection of Employee Opposition to Discrimination
Benjamin P. Fryer, Alton (Larry) L. Gwaltney III, Robert (Robb) C. Jenkins, Anthony (Tony) T. Lathrop, Karin M. McGinnis, Paul J. Peralta, Randel E. Phillips, Colin R. Stockton, Nicole (Nic) M. Thompson, John A. Zaloom
February 5, 2009

Immigration Update
USCIS Publishes Notice of Delay of I-9 Interim Final Rule
MVA Immigration Team
February 4, 2009

U.S. Citizenship and Immigration Services (USCIS), has delayed the effective date of its interim final rule ``Documents Acceptable for Employment Eligibility Verification,'' for 60 days, from February 2, 2009 to April 3, 2009.

Healthcare Alert
Healthcare Related Developments to Watch in 2009
MVA Healthcare Team

With a new President in office and an economic stimulus package allocating billions of dollars for healthcare and related activities, 2009 promises to be a very exciting year for the healthcare industry.

Immigration Update
USCIS Revises Form I-9, Employment Eligibility Verification
MVA Immigration Team
January 29, 2009

U.S. Citizenship and Immigration Services (USCIS) recently revised Form I-9 in an effort to streamline the Employment Eligibility Verification process.

Immigration Update
Changes to Visa Requirements for Switzerland
MVA Immigration Team
January 15, 2009

Switzerland has recently become part of the Schengen visa scheme and therefore the requirements for U.S. permanent residents (aka "green card holders") and non-immigrant visa holders living in the U.S. traveling to Switzerland has changed.

Immigration Update
Increase in Security Clearances for U.S. Visa Applicants
Immigration Team
January 13, 2009

MVA has identified a recent trend in U.S. Consulates abroad subjecting larger numbers of nonimmigrant visa applicants to extensive security clearances.

Immigration Update
Preparing for the FY2010 H-1B Deadline
MVA Immigration Team
December 16, 2008

As a reminder, April 1, 2009 will be the first day USCIS will accept new petitions for H-1B Professional Worker Visas.

2009 Medicare Physician Fee Schedule Final Rule
Anti-Mark Up and IDTF Requirements for Mobile Entitles Finalized
Health Care Team
November 2008, Health Care Alert

CMS Finalizes Anti-Mark Up and IDTF Requirements for Mobile Entitles; Defers Stark Exception for Incentive Payment/Shared Savings Programs

Immigration Update
Seven New Countries to be Added to the Visa Waiver Program
MVA Immigration Team
November 17, 2008

On October 20, 2008, President George Bush announced that seven countries will be added to the Visa Waiver Program (VWP).

Red Flag Rules Delayed
Healthcare providers have additional time for compliance
Healthcare Practice GroupHealthcare Alert

On 10/22/08, the FTC announced "Red Flag Rules" enforcement delayed by six months, a reprieve for many healthcare providers who did not know the rules applied to their industry.

Wealth Transfer Newsletter
Current Developments, Highlights and Legislative Changes
Wealth Transfer Practice Group
November 2008

The economy and our financial institutions have seen unprecedented losses and hardships and those just elected face monumental challenges. Our team remains committed to providing you with pertinent information and guidance as you navigate through these times. This Newsletter marks our first regularly scheduled update giving you highlights relevant to estate and tax planning matters, current information on the latest strategies and techniques that may be helpful as you evaluate your own estate situation, and the latest on the ever-changing tax laws.

Immigration Update
TN Status for Mexican and Canadian Nationals Extended to Three Years
MVA Immigration Team
October 27, 2008

On October 15th, USCIS announced by publication in the Federal Register that they are extending the maximum period of admission for Canadian and Mexican nationals in TN status from one year to three years.

Immigration Update
New Electronic System for Travel Authorization ("ESTA")
Immigration Practice Team

The United States Customs and Border Protection ("CBP") has launched a new online travel authorization program that will become mandatory for any visa waiver travel that will occur on or after January 12, 2009.

Employment Law News
New EEOC Publications on Religious Discrimination May Help Employers
Alton (Larry) L. Gwaltney III, Anthony (Tony) T. Lathrop, Karin M. McGinnis, Paul J. Peralta, Randel E. Phillips, John A. Zaloom
August 13, 2008

Immigration Update
E-Verify Now Mandatory for Federal Contractors
MVA Immigration Team
June 9, 2008

On June 9, 2008, the White House issued an Executive Order amending Executive Order 12989, to state that contracting agencies may not enter into contracts with employers that do not use an electronic employment eligibility verification system designated by the Secretary of Homeland Security.

Immigration Update
H-1B "Cap Gap" Provisions for F-1 Students
MVA Immigration Team
April 23, 2008

U.S. Citizenship and Immigration Services (CIS) has recently announced "Cap Gap" provisions for F-1 students who are beneficiaries of H-1B petitions selected in the fiscal year 2009 H-1B lottery process.

Immigration Update
New F-1 Optional Practical Training Regulations
MVA Immigration Team
April 8, 2008

Citizenship and Immigration Services (“CIS”) published a new interim final regulation, effective immediately.

Immigration Update
USCIS REACHES FY 2009 H-1B CAP
MVA Immigration Team
April 8, 2008

U.S. Citizenship and Immigration Services (USCIS) announced today that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2009.

Immigration Update
USCIS Revises Re-entry Permit Application Process
MVA Immigration Team

On March 5, 2008, U.S. Citizenship and Immigration Services (USCIS) issued revised instructions for filing Form I-131, Application for Travel Document for Lawful Permanent Residents (Green Card holders) requesting re-entry permits.

Immigration Update
Preparing for the FY2009 H-1B Cap
MVA Immigration Team
January 15, 2008

As a reminder, April 1, 2008 will be the first day USCIS will accept new petitions for H-1B Professional Worker Visas.

Immigration Update
Immigration Team
December 18, 2007, Immigration Update - Issue 003

10-Fingerprint Scanners to Deploy at all Ports of Entry and New Documentation Requirement for Travelers

Immigration Update
New I-9 Form Becomes Mandatory
Immigration Team
November 27, 2007

On November 26th 2007, the U.S. Citizenship and Immigration Service (“USCIS”) published in the Federal Register that use of the new I-9 form will become mandatory on any I-9 forms completed on or after December 26th, 2007.

Immigration Update
USCIS Releases New I-9 Form
Immigration Practice Team
November 8, 2007

Revisions to new I-9 form bring the form into compliance with latest immigration laws.

Immigration Update
USCIS Publishes Final Rule on Travel for H & L Nonimmigrants
Immigration Team
November 1, 2007

Immigration Update
USCIS Raises Filing Fees as of July 30, 2007
Immigration Practice Team

U.S. Citizenship and Immigration Services (USCIS) increases fees for petitions and applications.

Immigration Update
H-1B Cap Reached for Fiscal Year 2008
Immigration Practice Team

U.S. Citizenship and Immigration Services (USCIS) announced today that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2008 (FY 2008). As of late Monday afternoon (April 2), USCIS had received approximately 150,000 cap-subject H-1B petitions. Therefore no new H-1B petitions for FY2008 will be accepted as of Wednesday, April 4.

Immigration Update
H-1B Visa Cap
Immigration Practice Team

As of April 1, 2007, the United States Citizenship and Immigration Service ("CIS") will begin accepting H-1B Cap Subject Petitions for the new fiscal year beginning October 1, 2007. Unlike other visa types, H-1B Professional Worker visas are subject to a limitation – or "cap" – on the number of petitions that the CIS will grant each federal fiscal year.

Immigration Update
H-1B Cap Imminent for U.S. Masters Degree Holders
Immigration Practice Team

As of July 6, 2006, USCIS has received or granted more than 15,000 H-1B applications for foreign workers with a U.S. Advanced Degree. The cap of 20,000 will soon be reached.

Immigration Update
H-1B Cap Imminent
Immigration Practice Team

As of May 25, 2006, USCIS approved 7,718 H-1B beneficiaries (not holding a U.S. Advanced Degree) with an additional 41,316 applications pending, for a total of 49,034 applications either granted or pending.

impactIP - Knowledge Bulletin
The IP Team: Better decisions to build a stronger IP portfolio

impact IP - Knowledge Bulletin
Invention Capture: The Beginning of Intellectual Property Management

impact IP - Knowledge Bulletin
Intellectual Property Risks in the Global Innovation Economy
Intellectual Property Practice Team

impact IP - Knowledge Bulletin
Highlights from the 2005 "Special 301 Report" from the U.S. Trade Representative - A key source for global IP strategy information
Intellectual Property Practice Team

Employment Law News
Age Discrimination Based on a Neutral Policy — A New Threat
Employment & Labor Practice Team

In a significant case for employers, the U.S. Supreme Court recently ruled that the Age Discrimination in Employment Act (ADEA) allows current and former employees to prevail on claims for age discrimination even when an employer did not intentionally discriminate based on age.

Employment Law News
When Does an Employer Obtain a Background Check on an Applicant?
Employment & Labor Practice Team

Historically, employers in most circumstances have had no duty to investigate a prospective employee’s prior work history or background, unless the employer knew of circumstances indicating the applicant was unsuitable. Exceptions were made for jobs that could pose unusual danger if the wrong person were hired e.g., armed security guards. A recent decision by the federal Court of Appeals for North and South Carolina demonstrates the continuing evolution in the employer’s duty to make an appropriate investigation into an applicant’s background before extending an offer of employment.

Employment Law News
Fair Credit Reporting Act and Third Party Investigations
Employment & Labor Practice Team

An employee commits an alleged act of misconduct. You, the employer, decide to have an outside firm investigate. The investigation should be conducted in accordance with the safe harbor provisions of the Fair Credit Reporting Act (FCRA) to avoid the advance consent and disclosure requirements of FCRA.

Employment Law News
Workplace Violence Prevention Act
Employment & Labor Practice Team

An employee receives an actual threat of workplace violence—what do you do? Effective December 1, 2004, North Carolina employers have another tool to help prevent workplace violence. The recently enacted Workplace Violence Prevention Act allows employers to seek a civil no-contact order on behalf of an employee who has been threatened with or actually suffered physical harm as a result of an individual’s action.

Employment Law News
Non-Union Employees Have No Weingarten Right
Employment & Labor Practice Team

In an important decision affecting all non-union employers, the National Labor Relations Board (NLRB) recently reversed itself when it concluded that employees at non-union companies have no right to have a co-worker present during an investigatory interview.

Employment Law News
Another Step in the Trend Disfavoring Employee Noncompetes
Employment & Labor Practice Team

The North Carolina Court of Appeals, following a recent trend and joining what South Carolina courts have concluded, recently held a noncompete overbroad and unenforceable because it prohibited an employee from performing work after termination that was not related to the work that he did for the employer. VisionAIR, Inc. v. James.