DRAFTING ENFORCEABLE NON-COMPETES

Danielle Barbour Wilson Danielle Wilson, Employment Law, Employment Relations Analysis and Advice, Labor and Employment

Non-competition agreements (also referred to as “covenants not to compete” or “non-competes”) are restrictive covenants used to limit the employment and business activities of former employees. They are used to prevent former employees from directly competing with employers after the employment relationship ends. Any agreement limiting the rights of any person to do business in North Carolina must be in …

Court of Appeals for the Seventh Circuit Holds that Title VII Covers Sexual Orientation Discrimination

Danielle Barbour Wilson Danielle Wilson, Labor Law, Title VII - Civil Rights Act

Recently, the United States Court of Appeals for the Seventh Circuit became the first federal appellate court in the country to hold that discrimination on the basis of sexual orientation is prohibited under Title VII of the Civil Rights Act of 1964 (Title VII). Title VII is the federal statute which prohibits employment discrimination on the basis of race, color, …

EEOC Issues Enforcement Guidance on Retaliation and Related Issues

HumAdmin Danielle Wilson, Employment Law, Labor and Employment, Retaliation

In late August 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued Enforcement Guidance on Retaliation and Related Issues, a sub-regulatory document that addresses the Commission’s interpretation of the law related to retaliation in the workplace. The enforcement guidance replaces previous guidance issued by the EEOC in 1998. As defined by the Commission in the enforcement guidance, retaliation occurs when …

Employers Beware of the EEOC’s New Position Statement Procedures

Danielle Barbour Wilson Danielle Wilson, Employment Law, Thomas Filopoulos

The U.S. Equal Employment Opportunity Commission (“EEOC”) has implemented new nationwide procedures regarding the disclosure of position statements which may impact how some public and private employers respond to EEOC charges. In the past, an employer’s position statement and supporting documents submitted to defend an EEOC Charge would only be disclosed to the Charging Party after the EEOC’s investigation of …

Major Changes to the FLSA “White Collar” Exemptions Coming Soon

Danielle Barbour Wilson Danielle Wilson, Employment Law, Thomas Filopoulos

The United States Department of Labor (“DOL”) is preparing to publish a final rule updating the criteria used to determine which workers are eligible for minimum wage and overtime pay under the Fair Labor Standards Act (“FLSA”). Under the proposed final rule, nearly 5 million additional workers will be eligible for overtime pay protection because of a 113 percent increase …

EEOC Issues Updated Enforcement Guidance on Pregnancy Discrimination

Danielle Barbour Wilson Anti-Discrimination, Danielle Wilson

The Equal Employment Opportunity Commission (EEOC) recently issued updated enforcement guidance regarding pregnancy discrimination and related issues. The guidance supersedes the Enforcement Guidance on Pregnancy Discrimination and Related Issues dated July 14, 2014. The new guidance was revised in response to the Supreme Court’s decision in Young v. United Parcel Serv., Inc. According to the Supreme Court’s decision in Young, a …

Updated FMLA Forms Released by the DOL

Sherrod Banks Family Medical Leave Act

The United States Department of Labor (DOL) has recently updated its standard Family and Medical Leave Act (FMLA) forms in an effort to comport with the Genetic Information and Nondiscrimination Act (GINA), among other federal laws.  GINA, one of the lesser-known anti-discrimination statutes, prohibits the use of genetic information in making employment decisions, restricts employers from requesting, requiring or purchasing …