Entries by Labor

How Not to Terminate an Employee

By Joe Murray I don’t know if Waste Connections, Inc. (WCI) discriminated against Jimmy Haynes when it terminated him in October 2015, but I do know that it did just about everything wrong from an HR standpoint. Because Haynes had to use the McDonnell-Douglas framework to prove his case, those mistakes allowed the 4th Circuit […]

Compensation Data Reporting In EEO-1 Reports: The Saga Continues

By Robin Shea Employers should start gathering their 2018 compensation information if they haven’t already. My last post covered the court decision issued on March 4 in the case of National Women’s Law Center v. Office of Management and Budget, which directed the Equal Employment Opportunity Commission to require employers to submit compensation data with their […]

Appellate Update

By Joe Murray Here are the 4th Circuit and North Carolina Court of Appeals’ latest employment law decisions. Gomez v. Haystax Technology, Inc., No. 17-2360 (4th Cir. March 5, 2019) (unpublished) (ADA, FMLA, Title VII, ADEA): Defendants, who are private government contractors, hired Gomez in May 2013 to work on various government contracts. During the […]

Submit Nominations For the Labor & Employment Law Harkavy Award

The Jonathan R. Harkavy Award Committee is accepting nominations from now until Friday, May 31. The Harkavy Award exists to recognize an individual for “Outstanding Service, Leadership, and/or Significant Contributions to the Development of Labor and Employment Law in North Carolina.” After completing the nomination form, please submit it, along with any other materials you […]

Court Puts EEO-1 Pay Data Back In Play. Now What?

By Robin Shea A federal judge in the District of Columbia has ordered that the pay data collection component of EEO-1 reports, which never took effect, be restored. Background The pay data survey, proposed in early 2016 during the Obama Administration, would require employers to report in their annual EEO-1 reports the number of employees […]

Appellate Update

By Joe Murray Time for our regular case roundup. The 4th Circuit issued several important decisions over the past two months, including clarifying the standard for retaliation claims under the False Claims Act, allowing rumors to support a Title VII claim, and providing two clashing opinions on medical exams of current employees.

4th Circuit’s Dueling Disability Discrimination Decisions Analyze ‘Illegal-Exam’ Claims Under ADA/Rehabilitation Act

By Andrew J. Henson When can an employer require its employee to undergo a medical exam without running afoul of the Americans with Disabilities Act (ADA) or the Rehabilitation Act? In recent weeks, the Fourth Circuit enriched the case law on illegal-exam claims in two divergent opinions, ruling for the employee in EEOC v. McLeod […]

To Protect and Serve . . . and Make a Living: Court Rules Moonlighting Police Officers Are Employees At Second Jobs

By Kevin Murphy Last week, the U.S. Court of Appeals for the Sixth Circuit recognized that “the way we work in America is changing. The relationships between companies and their workers are more fluid and varied than in decades past.” Acosta v. Off Duty Police Services, Inc., Nos. 17-5995/6071 (6th Cir.  Feb. 12, 2019). Many […]