Employment & Labor Insider

Employment & Labor Insider

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Tag Archives: Jon Yarbrough

Please vote for us for the ABA Web 100: Reason #4

Posted in ABA Blawg 100
Reason No. 4: We have an all-star team of co-bloggers. To wit (in alphabetical order): Ken Carlson, Cara Crotty, Louise Davies, Tommy Eden, LaLonnie Gray, Billy Hammel, Ellen Kearns, Damon Kitchen, Angelique Lyons, Bob Ortbals, Alyssa Peters, Kristine Sims, Sandra Sok, Jill Stricklin, Spring Taylor, Stephanie Underwood, Heidi Wilbur, and Jon Yarbrough. (Thanks, you guys!)… Continue Reading

Fair Pay and Safe Workplaces is mostly gone — but not the pay transparency part

Posted in Affirmative Action
Federal contractors were thrilled when Judge Marcia Crone issued a preliminary injunction in late October against President Obama’s Fair Pay and Safe Workplaces Executive Order. But Judge Crone’s decision did not block the entire rule. Although the preliminary injunction kept the bulk of the rule from going into effect, the portion requiring pay transparency took effect on January… Continue Reading

Employment and labor law developments (and a few other things) I’m thankful for

Posted in Affirmative Action, Discrimination, Elections, FOCUS, Gender Identity Discrimination, Labor Relations, Public Sector Employment, Settlements, Sexual Orientation
This has been a weird year for me. (And, no, I’m not even thinking about the election!) But I have much to be thankful for, and I hope you do, too. BREAKING THING TO BE THANKFUL FOR: Yesterday evening, the U.S. Department of Labor’s new rule governing white-collar exemptions under the Fair Labor Standards Act was struck… Continue Reading

Employer groups try to block “Fair Pay and Safe Workplaces” rule. Will they beat the deadline?

Posted in Affirmative Action
UPDATE (10/25/16): They did, they did! Judge Marcia Crone has issued a preliminary injunction against the Rule, which blocks it from going into effect. She agreed with the plaintiffs on just about every point (although she declined to block the paycheck transparency provisions). Here is a copy of the Order. Many federal contractors are on the verge… Continue Reading

North Carolina’s HB 2: The final analysis

Posted in Discrimination, Employment at Will, Gender Identity Discrimination, Lawyers!, Sexual Orientation
This will be my last “analysis” post on the wrongful discharge provisions of North Carolina’s HB 2. (I know you are heartbroken!) I’ll continue to post on breaking HB 2-related news as it develops. Several commenters disagreed with my contention that Charlotte’s human rights ordinance, which was amended to include LGBT rights and then nullified by… Continue Reading

A whole bunch of nothing: Five takes on Gov. McCrory’s “walkback” of N.C. HB 2

Posted in Discrimination, Employment at Will, Gender Identity Discrimination, Sexual Orientation
NOTE FROM ROBIN: As you know, my main collaborator on HB2-related developments has been my law partner, Jon Yarbrough, who is in our firm’s Asheville Office. Jon has offered his thoughts about Executive Order No. 93, which Gov. Pat McCrory (R) signed yesterday. My initial thought is that Executive Order No. 93 is a whole bunch of nothing cloaked… Continue Reading

Ignore the hype: Here’s what employers need to know about North Carolina’s HB 2

Posted in Discrimination, Employment at Will
Argh! I was hoping not to have to talk about HB 2 again (North Carolina’s notorious “bathroom bill”), but there has been so much misinformation about what it did to wrongful discharge claims that I’ve just gotta. UPDATE (6:20 p.m. Friday, 4/8/16): I had a good conversation this evening with Greg Lacour of Charlotte Magazine… Continue Reading

N.C. “bathroom bill” has a bomb for wrongful discharge plaintiffs

Posted in Discrimination, Employment at Will, Gender Identity Discrimination
Big news for employees and employers in North Carolina — the General Assembly enacted a bill on Wednesday (signed by Gov. Pat McCrory (R) within hours) that was primarily intended to preempt a certain high-profile municipal “bathroom” ordinance. (More on that in a sec.) But included in the bill is a provision that eliminates the wrongful discharge/public policy cause… Continue Reading

Is driving an “essential function of the job” for your road warriors?

Posted in Americans with Disabilities Act
If your employee isn’t a professional driver but spends a lot of time on the road, how “essential” a job function is driving for ADA purposes? Is driving “essential” at all? In what I consider to be a very significant result under the Americans with Disabilities Act, a three-judge panel of the U.S. Court of Appeals for the… Continue Reading

Happy 25th anniversary, Winston-Salem Office!

Posted in Constangy News
Our Winston-Salem, North Carolina, office will be celebrating its 25th anniversary this evening (we actually opened on February 8, 1991, but we’re celebrating tonight). Neil Wasser, chair of our Executive Committee, is coming in from Atlanta to join us for dinner. I can’t let the day pass without wishing a very happy silver anniversary to… Continue Reading