Newsletters & Publications
Newsletters & Alerts
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Employment UpdateAnother 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.
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.
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.
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.
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.
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.
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.
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).
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
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
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.
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
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
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
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
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.