Articles

New Workplace Policies Employers Should Consider

Written By Genesis E. Torres

As the workplace landscape continues to evolve, employers must stay ahead of emerging challenges by implementing thoughtful and proactive policies.  In 2025, three key areas stand out as critical for fostering a posi…

The DEI Stalemate: Paying the Price for the Wrong Move - Part 2

Written By Justin T. Hill, Emily G. Massey, and Devon D. Williams

Three Ward and Smith attorneys described what can happen when a DEI initiative goes wrong, placing an organization in a legal stalemate with its employees.  Part 2 of The DEI Stalemate builds on the lessons learned i…

The DEI Stalemate: Paying the Price for the Wrong Move - Part 1

Written By Justin T. Hill, Emily G. Massey, and Devon D. Williams

Three Ward and Smith attorneys described what can happen when a DEI initiative goes wrong, placing an organization in a legal stalemate with its employees.    In a unique, interactive session that was part of th…

Key Employment Law Issues Employers Need to Watch in 2025

Written By S. McKinley Gray, III

As the United States enters a new administration, changes in workplace regulations and enforcement priorities are on the horizon. For employers, this means staying prepared for potential shifts in federal policies, height…

Essential Reading for Employers: Labor and Employment Highlights of 2024

As 2024 draws to a close, we’re revisiting some of the standout articles written by our labor and employment attorneys this year. These pieces provided valuable insights and practical guidance for employers navigati…

A Year in Review: Ward and Smith's Most Read Legal Insights in 2024

As we prepare to close out 2024, we’re taking a moment to reflect on the articles that captured the attention of our readers this year. From legal insights to practical advice, these pieces tackled critical issues w…

Part 2 in Heatwaves of Drama: A Case Study in "What Not To Do" for Southeastern HR Professionals

Written By Justin T. Hill and Avery J. Locklear

Ed. Note: Read Part 1 of Heatwaves of Drama Here Ward and Smith Labor and Employment attorneys presented an interactive case study during their annual Employment Law Symposium to provide insights on how the leaders of a h…

Part 1 in Heatwaves of Drama: A Case Study in "What Not To Do" for Southeastern HR Professionals

Written By Avery J. Locklear and Grant B. Osborne

In the first installment of our two-part series covering Ward and Smith’s 2024 Employment Law Symposium, three Ward and Smith attorneys illuminated a variety of Human Resources issues by placing a spotlight on a fict…

Turning Back Overtime – Texas Judge Strikes Down Salary Threshold Increase

Written By S. McKinley Gray, III and Avery J. Locklear

A federal judge in Texas struck down the U.S. Department of Labor's ("DOL") rule that drastically increased the minimum salary thresholds for bona fide executive, administrative, and professional employees (the "EAP Exempt…

Fiery Debates: Current Challenges in the Modern Workplace

Written By Will Oden and Hayley R. Wells

Five Ward and Smith attorneys provided guidance on a number of legal issues with implications for the workplace, including politics, budgets and elections, Diversity, Equity and Inclusion (DEI), changes to the minimum sala…

Avoid the Hot Seat: An Interview with the NLRB

Written By Justin T. Hill and Devon D. Williams

At Ward and Smith’s recent annual Employment Law Symposium, two attorneys from the firm’s labor and employment group, Grant Osborne and Genesis Torres, interviewed Shannon Meares of the National Labor Relations…

Legal Showdown Continues: FTC Appeals Court Ruling Against Non-Compete Ban

Written By S. McKinley Gray, III and Genesis E. Torres

In late August, the Federal Trade Commission ("FTC") indicated that it likely would appeal the Texas District Court's ruling, which blocked the FTC's Non-Compete Rule nationwide. True to its word, the FTC has appealed the…

Navigating the Aftermath of Hurricane Helene in Western North Carolina

Written By Michael J. Parrish and Allen N. Trask, III

We have compiled a series of past articles designed to help you navigate the aftermath of Hurricane Helene more effectively. From understanding insurance claims to safeguarding your community, we offer these resources to …

A Short Refresher On Discrete Legal Issues During Natural Disasters

Written By Will Oden and Genesis E. Torres

As they say, an ounce of prevention is worth a pound of cure.  In that spirit, what follows are certain pay and leave issues employers may confront during times of natural disaster – all of which are better to …

A Win for Employers: Judge Blocks FTC’s Non-Compete Ban Nationwide

Written By Genesis E. Torres and Devon D. Williams

On Tuesday, August 20, 2024, Judge Ada E. Brown, a United States District Judge for the Northern District of Texas, delivered a nationwide victory to businesses and employers across the country when she granted Ryan LLC (a…

Serving Up Compliance: How the Hospitality Industry Can Remain Compliant with Changing Laws and Regulations

Written By Avery J. Locklear

The hospitality industry is a fast-paced sector that juggles a myriad of issues from high worker turnover to shortages of workers.  In addition to these inherent challenges, the industry must also comply with a multi…

Having the Talk: How Employers Should Prepare for Difficult Disciplinary Situations

Written By S. McKinley Gray, III and Justin T. Hill

Every employee hired is expected to be a team player and integrate into the employer's culture to cultivate success. However, nearly all employers find out at some point that new hires do not always work out as planned.&n…

FTC Charges Forward with Sweeping Non-Compete Ban

Written By Genesis E. Torres, Hayley R. Wells, and Devon D. Williams

On April 23, 2024, the Federal Trade Commission ("FTC") narrowly voted (3-2) to issue a final rule banning almost all non-compete agreements nationwide.  The rule is set to take effect 120 days after it is published …

Raising the Rate: DOL Expands Overtime Protections to Millions of Workers

Written By S. McKinley Gray, III and Avery J. Locklear

On April 23, 2024, the U.S. Department of Labor ("DOL") announced a final rule that will increase the Fair Labor Standards Act's ("FLSA") minimum salary threshold for overtime exemptions (the "2024 Rule"). Starting July 1…

"You Can't Say That!" Or Can You? Words of Protest on Company-Provided Apparel Under the National Labor Relations Act

Written By Grant B. Osborne and Genesis E. Torres

Few governmental agencies can require private employers to permit their employees to say things on the job, in the presence of customers and co-workers, that employers don’t like. But the National Labor Relations Boa…

Prescribing Professionalism: Avoiding Romance in the Medical Workplace

Written By Amy G. Fitzhugh and Devon D. Williams

In the high-stress, life-or-death environment of the medical profession, Cupid's love arrow can strike about as quickly as an infection. But before letting the heart do the rounds, it's imperative to consider the legal pr…

The Continued Attack on Non-Competes

Written By Justin T. Hill and Devon D. Williams

Under California law, it has been the longstanding policy that non-compete restrictions are generally void and unenforceable, subject to narrow exceptions.  At the end of 2023, California signed two more bills into l…

Deciphered Insights: Labor and Employment Legal Considerations

Written By Devon D. Williams

Five Ward and Smith attorneys provided updates related to employment law, including non-compete agreements, unionization efforts, pregnancy laws, and overtime rules for exempt employees, during the firm’s recent In-H…

The Wait Is Over! The USDOL's 2024 New Rule on Independent Contractor Classification Under the FLSA

Written By X. Lightfoot

On January 10, 2024, the U.S. Department of Labor ("DOL") issued a final rule to provide guidance to employers in determining whether a worker should be classified as an employee or an independent contractor under the Fair…

New Year, (Potentially) New Rules?

Written By Emily G. Massey and Genesis E. Torres

Sometimes, the only constant is change.  This New Year is no different.   In 2023, we saw several developments in labor and employment law, including federal and state court decisions, regulations, and administr…

Top 10 Articles for Businesses in 2023

Written By Merrill G. Jones, II

As we eagerly anticipate the New Year, it's time to reflect on the most impactful articles that captured the attention of businesses in 2023. This year, Ward and Smith attorneys provided invaluable insights into a wide ra…

Top 10 Articles for Employers in 2023

Written By James A. Wilson

Our Labor and Employment Group works hard to ensure our clients hear all the critical employment law news, trends, and insights. They know our clients want actionable, practical information and deliver it regularly.  …

The NLRB on What Employers Get Wrong

Written By Emily G. Massey and Genesis E. Torres

At Ward and Smith’s recent annual Employment Law Symposium, two attorneys from the firm’s labor and employment group, Grant Osborne and X. Lightfoot, interviewed Shannon Meares, a regional attorney with the Nat…

An Interview with EEOC Director Tom Colclough

Written By S. McKinley Gray, III and X. Lightfoot

Attendees of Ward and Smith’s recent annual Employment Law Symposium received insights on key employment law developments in an interactive discussion between Emily Massey, a labor and employment attorney, and Tom Co…

Proactive Policies: Navigating Ethical Challenges and Legal Compliance for Employer

Written By Avery J. Locklear

For employers, ethical issues can shake up every aspect of an organization.  Scandals can be detrimental to an organization's success and its public perception.  Particularly, in recent years, misconduct tied to…

Messy "Real Life" LARP: An Employer's Accident Response Deconstructed for In-House Counsel

Written By Justin T. Hill and Hayley R. Wells

During Ward and Smith’s annual Employment Law Symposium, three attorneys provided insights on a fictional construction company's reaction to a serious job site accident. In the session, the attorneys shed light on k…

Navigating the Latest Employment Law Developments: What Employers Need to Know

Written By Will Oden and Grant B. Osborne

Five Ward and Smith attorneys offered timely updates on religious accommodations, professional licensing, pregnancy laws, remote work, and independent contractor rules during the firm’s recent annual Employment Law S…

Plaintiffs Attorneys on What Employers Should Know Today

Written By X. Lightfoot and Avery J. Locklear

In a discussion led by employment law attorney Will Oden, two experienced North Carolina employment attorneys who represent employees shared insights on their respective practices representing employees, and best practices…

The EEOC Issues a Proposed Rule Regarding the Pregnant Workers' Fairness Act

Written By S. McKinley Gray, III and Avery J. Locklear

On August 11, 2023, the U.S. Equal Employment Opportunity Commission ("EEOC") issued a Notice of Proposed Rulemaking ("NPRM") to implement the Pregnant Workers Fairness Act ("PWFA").  PWFA went into effect on June 27,…

The Buck Stops with You: Artificial Intelligence, Employment, & Title VII of the Civil Rights Act

Written By Grant B. Osborne and Mayukh Sircar, CIPP/US

"I am putting myself to the fullest possible use, which is all I think that any conscious entity can ever hope to do." – HAL 9000, 2001: A Space Odyssey The Rise of Artificial Intelligence in the Workplace Computer…

Got Employees? Understand the Benefits and Limitations of Employment Practices Liability Insurance (EPLI)

Written By Emily G. Massey and Amy H. Wooten

Employment practices liability insurance (commonly known as "EPLI") coverage is a critical and necessary tool in any employer's toolbox because such policies can help cover significant legal costs and damages associated wi…

NLRB Turning Up the Heat Over Employee Handbooks

Written By S. McKinley Gray, III and Avery J. Locklear

In the midst of one of the hottest summers on record, the National Labor Relations Board ("NLRB" or the "Board") is putting the heat on employers.  In a recent decision issued on August 2, 2023, the NLRB has assumed …

Just in the Nick of Time: Form I-9 Remote Inspections to Continue

Written By Justin T. Hill

On July 21, 2023, the Department of Homeland Security ("DHS") announced a new final rule establishing a remote option for employers to inspect employee documents in compliance with I-9 employment verification requirements …

Business over Breakfast: Health Care Legal Updates from our Spring Series

Written By Jane Francis Nowell and Leigh A. Wilkinson

Several Ward and Smith attorneys shared legal updates related to the North Carolina Certificate of Need process, insights on professional licensing, and guidance on the dynamic landscape of employment law at a recent "Brea…

SCOTUS Raises Bar for Employers Confronted by Employees' Requests for Religious Accommodation

Written By Avery J. Locklear and Grant B. Osborne

The U.S. Supreme Court, in a unanimous opinion issued yesterday in Groff vs. Dejoy, changed the standard that most employers must consider and apply when deciding how to deal with – and when they may lawfully reject …

Employers, You Need to Replace Your Mandatory EEOC Poster

Written By Emily G. Massey

As of June 27, 2023, the Pregnant Workers Fairness Act (PWFA) is in effect.  The PWFA requires covered employers to provide employees with reasonable accommodations related to pregnancy, childbirth, or related medica…

Seeking Shelter: Recession Implications for your Organization

Written By Matthew A. Jones

In an interactive discussion led by Hank Harris, Director of Consulting for Ward and Smith Business Consulting, three attorneys shared their thoughts on the current state of the economy and how business owners can prepare …

Employers Take Note: New Laws Provide Protections for Pregnant and Nursing Employees

Written By S. McKinley Gray, III and Avery J. Locklear

Editor's Note: Article updated on June 1 to include guidance from the US Department of Labor Field Assistance Bulletin. The latest maternal employment protections are here. To help employers with compliance, the US Depa…

Trail Magic: Social Media and Employment Agreement Live Action Role-Playing

Written By Whitney Campbell Christensen and Justin T. Hill

Three Ward and Smith attorneys shared insights on the legal implications businesses should consider when entering into a promotional contract with a social media influencer. During the discussion, the attorneys covered to…

Stronger Together: Labor and Employment Update

Written By Devon D. Williams

In a seminar focused on recent updates to labor and employment laws, Will Oden, of Ward and Smith’s labor and employment practice group, provided an overview of employee and independent contractor classification guid…

Confidentiality and Non-Disparagement Agreements with Non-Supervisory Employees: New Limitations from the NLRB

Written By S. McKinley Gray, III and Grant B. Osborne

The National Labor Relations Board ("NLRB") has recently declared a limit on parties' contractual rights that many private employers (and, for that matter many, of their employees) may find distressing. Employers and empl…

Riding the Rapids: Staying Afloat in the Legal Waters

Written By Michelle Gonzalez and Avery J. Locklear

Five Ward and Smith attorneys delivered keen guidance on a host of matters pertinent to in-house counsel and company preparation for the imminent economic climate. As part of the firm's 2022 In-House Counsel Seminar, thes…

What Say Ye, FTC: The FTC Deems Non-Competes Unfair Competition

Written By Justin T. Hill and Avery J. Locklear

On January 5, 2023, the Federal Trade Commission ("FTC") proposed a rule that would ban non-compete agreements between employers and workers on the basis that non-compete clauses are unfair methods of competition.  W…

“I Always Feel Like, Somebody’s Watching Me”: How the NLRB General Counsel Proposes to Curtail Employer Surveillance

Written By S. McKinley Gray, III and Avery J. Locklear

On October 31, 2022, National Labor Relations Board ("NLRB") General Counsel, Jennifer A. Abruzzo, published a memorandum outlining a new framework she intends to use to advocate for restricting overreaching employer surve…

Does Your Organization Use Non-Compete, Non-Solicitation, and Nondisclosure Provisions? Employer Best Practices for Restrictive Covenants in NC

Written By X. Lightfoot and Emily G. Massey

It is no hidden secret that many employers use various restrictive covenants to protect their trade secrets, confidential information, goodwill, and customer relationships.  For example, employers often use non-compe…

Time is of the Essence: A Conversation with the EEOC

Written By Devon D. Williams

Participants in Ward and Smith's Employment Law Symposium received updates on topics important to the EEOC, from jurisdictional issues and governmental agency partnerships to documentation procedures, pronoun use, and reta…

The Roadmap to Successful DEI Initiatives in Organizations

Written By Will Oden

Two Ward and Smith attorneys and Luaskya Nonon, the Deputy General Counsel and DEI Task Force Chair for Toshiba Global Commerce Solutions, shared insights on how organizations can implement Diversity, Equity, and Inclusion…

Boldly Go: A Day in the Life of Human Resources

Written By X. Lightfoot

Two Ward and Smith labor and employment attorneys evaluated a real-life scenario many employers face while managing employees in the modern business environment. The roundtable discussion, part of Ward and Smith’s E…

Lawful Use of Cannabis in North Carolina's Workplace

Written By Grant B. Osborne and Hayley R. Wells

The employer/employee relationship is among the most regulated. There are many (some argue too many) federal and state laws that govern how employers may and may not treat applicants and employees.  Their purpose, ge…

No One Knows What It Means, But It's Provocative: The USDOL's Latest Independent Contractor Test

Written By Justin T. Hill

On October 13, 2022, the United States Department of Labor ("DOL") published its proposed rule (the "Proposed Rule") for determining whether a worker should be classified as an employee or an independent contractor under t…

October Is National Disability Employment Awareness Month

Written By Will Oden and Amy P. Wang

Observed annually each October, National Disability Employment Awareness Month (NDEAM) "celebrates the contributions of America's workers with disabilities past and present and showcases supportive, inclusive employment po…

Labor Unions and "Protected Concerted Activity:" What Private Employers – Unionized or NOT – Need to Know in 2022

Written By Grant B. Osborne

Employers, it seems, can't catch a break these days. They build businesses. They take risks. They face increasing supply costs, supply-chain problems, interest rates, and staff-shortages. Yet they create jobs and provide …

Update to EEOC's Position on Mandatory COVID testing

Written By Will Oden

On July 12, 2022, the Equal Employment Opportunity Commission ("EEOC") updated its guidance regarding COVID-19 workplace viral screening testing.  The EEOC's original position on COVID-19 workplace viral screening te…

No Closure on Pay Disclosure: How Pay Transparency May Affect Your Company

Written By Justin T. Hill

Over the past two years, pay transparency laws have quickly spread and become a topic of state legislatures nationwide.  As pay transparency laws continue to proliferate across the United States, employers will need …

The Intersection of the Bipartisan Infrastructure Law and Davis-Bacon Act Requirements for Federal Contractors and Subcontractors

Written By X. Lightfoot and Devon D. Williams

On November 15, 2021, President Joe Biden signed the $1.2 trillion Infrastructure Investment and Jobs Act into law, which is popularly known as the Bipartisan Infrastructure Law ("BIL").  The BIL is estimated to crea…

“On-Call” Time in Healthcare Settings: What Is It? When Do You Have To Pay for It? What if You Get It Wrong?

Written By Grant B. Osborne

You may understandably think that everything about this subject has been resolved long ago. But you would be wrong if you do.    The federal law that undergirds most of what you think you know about how employer…

Dust Off Your Template Employment Agreements

Written By Emily G. Massey

Ed. Note: This article was updated to reflect President Joe Biden's recent signing of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 into law on March 3, 2022. Mandatory Arbitration and …

HIPAA for Labor and Employment Attorneys: What you Need to Know

Written By J. Michael Fields

In their law practices, attorneys can regularly handle sensitive patient information that's protected under the Health Insurance Portability and Accountability Act (HIPAA).  Lawyers have a duty and responsibility to s…

Getting Rid of the Misnomer: The Risks Behind the Term "1099 Employee"

Written By Justin T. Hill

While many employers use the term "1099 employee" as a means to distinguish independent contractors from the company's W-2 employees, no such term exists from a legal standpoint.  In fact, in addition to being inacc…

Rapid Fire Legal Update on Tax Provisions, E-Discovery, Lobbying Issues, and ADA Compliance

Written By Richard J. Crow, Chris S. Edwards, James W. Norment, and Hayley R. Wells

We recently provided timely updates on new tax provisions, electronic discovery, lobbying issues, and ADA compliance during Ward and Smith's 2021 Virtual In-House Counsel Webinar. The following article highlight…

Inside Out: Employment Law LARP

Written By S. McKinley Gray, III, Justin T. Hill, and Devon D. Williams

Three Ward and Smith labor and employment attorneys analyzed a number of real-life situations many employers are dealing with in the current landscape. The webinar, part of Ward and Smith's In-House Counsel virtual confer…

Split Decision: SCOTUS Stays OSHA ETS, While Upholding CMS Vaccine Mandate

Written By Emily G. Massey, Will Oden, and Devon D. Williams

On January 13, 2022, in a 6-3 per curiam opinion in NFIB v. OSHA­, the United States Supreme Court ordered the OSHA ETS be stayed pending disposition of the matter at the Sixth Circuit Court of Appeals.   Large E…

Déjà Vu: Sixth Circuit Court of Appeals Dissolves Stay of OSHA COVID-19 "Emergency Temporary Standard" for Large Employers

Written By Chris S. Edwards, S. McKinley Gray, III, and Grant B. Osborne

Robert F. Kennedy, Jr. observed that democracy is messy and hard. The serial legal battle over COVID-19 and what the federal government can and should make employers do about it illustrates the point. Late on Friday, Dec…

Construction Conversations around the Licensing Board, Liens, and the Supply Chain

Written By Merrill G. Jones, II

My colleagues and I recently provided key updates on supply chain disruption, liens, and licensing boards during the firm’s 2021 Construction Conversations Webinar. In the Rapid-Fire Legal Update session, we covered…

Healthcare Highlights: Cyber-Security, Licensing Board Issues, and Employer COVID-19 Regulations

Written By Leigh A. Wilkinson

Recently, several Ward and Smith attorneys held a Health Care Breakfast and Learn to provide insights on the healthcare industry relevant to their specific areas of expertise, from privacy and data security to professional…

Once More, with Feeling: Fifth Circuit Re-Affirms Stay of ETS and Then Loses Jurisdiction of the Case

Written By Chris S. Edwards, S. McKinley Gray, III, and Grant B. Osborne

Litigation usually proceeds at a maddeningly glacial pace. Not this time. The Past The Occupational Safety and Health Administration's ("OSHA") well-publicized and controversial Emergency Temporary Standard ("ETS") was i…

U.S. Court of Appeals Puts Brakes on OSHA COVID-19 "Emergency Temporary Standard"

Written By S. McKinley Gray, III and Grant B. Osborne

It's a case of "Get Ready, Get Set … Wait!" On Saturday, November 6, the U.S. Court of Appeals for the Fifth Circuit, in response to a lawsuit filed last Friday by various plaintiffs including the Attorney General …

OSHA Issues Long-Awaited COVID-19 "Emergency Temporary Standard"

Written By S. McKinley Gray, III and Grant B. Osborne

Good (and Not So Good) Things Come to Those Who Wait Yesterday, the Occupational Safety and Health Administration ("OSHA") of the U.S. Department of Labor ("DOL"), at long last, issued an "Interim final rule" regarding th…

Do a Double Take: Unraveling OSHA’s New Emergency Temporary Standard

Written By X. Lightfoot

This is article is part of a series summarizing key topics discussed at Ward and Smith's Fall Employment Law Update Webinar. Several Ward and Smith attorneys delivered their take on what the new Emergency Tempor…

Knock Your Socks Off: A Conversation with EEOC Leaders

Written By Hayley R. Wells

This is the first in a series of articles summarizing key topics discussed at Ward and Smith's Fall Employment Law Update Webinar. Mandatory vaccinations, harassment and retaliation charges, and guidance and enforcement p…

Government Relations and Employment for the NC Construction Industry

Written By William S. Durr

This is the first in a series of articles summarizing key topics discussed at Ward and Smith's 2021 Construction Conversations Webinar. Members of Ward and Smith's Government Relations and Labor and Employment teams recen…

To North Carolina Governmental Employers: Heads-Up – "Unreasonable Employee Discipline" Can Now Get You Sued

Written By Grant B. Osborne

No good deed goes unpunished. Little did City of Durham Police Sergeant Michael Mole' know, in his first crack at negotiating on his own the surrender of an armed and barricaded suspect, that he would be fired because he …

Busy as a Bee: LARPing a day in the life of HR

Written By Hayley R. Wells

Three Ward and Smith labor and employment attorneys walked through a series of challenging, real-world scenarios that many employers are facing. The webinar, part of Ward and Smith’s 2021 Virtual Employment Law Symp…

Show Me The Money! Wage and Hour Requirements Applied to COVID-19 Testing Time

Written By Will Oden

Recently, several of our clients have asked us whether they are required to compensate their employees for time spent going for the COVID-19 test. Fortunately, the United States Department of Labor ("USDOL") has issued so…

Biden Administration To Require COVID-19 Vaccinations for Large Employers

Written By Will Oden and Hayley R. Wells

President Biden announced at a press conference at 5:00 p.m. on September 9, 2021, a new, six-pronged national strategy to combat COVID-19 while keeping businesses and schools open.  A link to the Plan can be found h…

How OSHA's Revised COVID-19 Guidance Affects Agriculture and Food Processing Employers

Written By Justin T. Hill

In an effort to reflect recent updates provided by the Centers for Disease Control and Prevention ("CDC"), the Occupational Safety and Health Administration ("OSHA") revised its guidance on protecting workers and preventin…

"Emergency Use" No More: FDA Approves First COVID-19 Vaccine

Written By Grant B. Osborne

There was a time in which employers and employees weren’t vexed with viruses, vaccines, and their respective duties and rights. That seems like a long time ago, but it wasn’t. The World Health Organization dec…

How the Law Is Grappling With Free Expression, COVID-19, Diversity, and More

Written By Justin T. Hill

Between COVID-19, last year’s demonstrations for racial justice, and a new president, there are many legal issues employers may need to consider — or reconsider. A quartet of Ward and Smith attorneys highlight…

Back Into the Woods: NC Order Mandates Measures for State Employees and Encourages Businesses to Take Similar Actions

Written By X. Lightfoot

On July 29, 2021, Governor Roy Cooper issued Executive Order No. 224 (the "Order"), which implements additional safety measures for workers at Cabinet agencies in the state and strongly encourages private businesses and or…

"The JAB, or Your JOB": Mandatory Vaccinations in the Private Workplace

Written By Grant B. Osborne

We are all tired of the slowly-abating but persistent pandemic. And more than ready to get back to "normal." But employers' efforts to encourage or require employees to return to work present many challenges, such as thos…

One Year Later: Have Employers Taken Stock Following Bostock?

Written By Emily G. Massey

This week (specifically June 15, 2021) marked the one-year anniversary of the U.S. Supreme Court's landmark decision in the case of Bostock v. Clayton County, which outlawed sexual orientation or transgender status em…

The Carrot, Not the Stick: May Employers Legally Offer Employees Incentives To Get Vaccinated?

Written By X. Lightfoot and Will Oden

Last month, the Department of Health and Human Services – Centers for Disease Control and Prevention ("CDC") updated its COVID-19 guidance for fully vaccinated individuals.  The updated guidance provided that f…

The FFCRA Trap: Employers Must Consider Retaliation Even After the FFCRA

Written By S. McKinley Gray, III and Justin T. Hill

While the light at the end of the tunnel is visible, the darkness of the COVID-19 pandemic still looms over employers.   Over the last few weeks, states across the nation began taking steps to reduce the restrictions…

A Soft Deadline for Hard Cash: American Rescue Plan Funds for North Carolina Municipalities

Written By E. Knox Proctor V

First, the good news: every municipality in North Carolina is eligible to receive a large cash infusion, up to 75% of its budget, from the American Rescue Plan (ARP). Now, the less than good news: all municipalities, othe…

Media Mention: Will Oden Discusses 'Working with Vaccines' with the Wilmington Business Journal

A thorny legal topic for employers centers on mandatory COVID-19 vaccines. It's an issue our labor and employment attorneys have discussed time and time again with several news outlets. Recently, the Wilmington Busin…

Employers: Here's Your "Quick Hitter Guide" for the American Rescue Plan Act's Impact on COBRA and FFCRA

Written By Grant B. Osborne and Devon D. Williams

The American Rescue Plan Act of 2021 (ARPA), signed into law on March 11, 2021, includes a whole host of requirements and provisions impacting private employers, their employees, and the benefit plans they offer. Here is …

So Much for "9 to 5": Employers' Consideration of Employees' and Applicants' Conduct Outside of Work

Written By Grant B. Osborne

"And the sign said, 'Long-haired freaky people … need not apply.'"  – Signs, Five Man Electrical Band, Good-byes and Butterflies (1970) Arbitrary judgments are as old as humanity itself. Law evolved in p…

Year in Review: New Leadership at Ward and Smith

Devon Williams, a labor and employment attorney, assumed the role of Co-Managing Director of Ward and Smith on January 1, 2021, after shadowing Ken Wooten for the better part of 2020. She leads the firm alongside Greenvil…

COVID-19 Paid Leave in 2021: The Impact of New Federal Relief Bill on Employers

Written By Emily G. Massey, Grant B. Osborne, and Hayley R. Wells

"The future ain't what it used to be."  – Yogi Berra Governing can be a fickle affair. The Families First Coronavirus Response Act of 2020 ("FFCRA"), the first paid-leave of absence law to be enacted on a nati…

COVID-19 and the Construction Industry: Must Know Information for Executives

Written By William S. Durr

During Ward and Smith’s recent virtual "Construction Conference," six of my partners and I covered a range of emerging legal issues — most related to the pandemic — that are important for construction com…

How to Maintain a Positive Company Culture During COVID-19

Written By Will Oden

Culture eats strategy for breakfast, or so we've been told by Mr. Drucker and others.  Coincidentally, I wholeheartedly agree.  So, how does leadership maintain, let alone improve, its company culture in the fac…

We’ll See How "Temporary": U.S. Department of Labor Issues New Temporary Rule Interpreting Families First Coronavirus Response Act of 2020

Written By Grant B. Osborne and Hayley R. Wells

"Nothing is so permanent as a temporary government program." - Milton Friedman The federal "Families First Coronavirus Response Act of 2020" ("FFCRA" or the "Act") became law on March 18, 2020. It was enacted into la…

Political Speech in the Workplace (And What – If Anything – To Do About It)

Written By Justin T. Hill and Grant B. Osborne

Politics could hardly be more conspicuous these days. A monumental presidential election looms on the horizon, and it seems that everyone has an opinion. Many who do have jobs and bring those opinions into the workplace. …

Labor Union Plants a Big Flag in Western North Carolina

Written By Grant B. Osborne

“Change is the only constant in life.” - Heraclitus (535 to 475 B.C.E.) Registered nurses at HCA Healthcare's Mission Health system in Asheville have recently voted to be represented by the National Nurses Org…

"Don't Tread on Me": Customers' Religious Objections to Mandated Use of Face Masks in the Era of COVID-19

Written By Grant B. Osborne

The COVID-19 pandemic has challenged businesses and employers in ways that few thought possible just six months ago. Untold millions have lost jobs, and vast numbers of businesses have been forced to close in an attempt t…

COVID-19 Update: Reopening Your Business, House Bill 118, and Executive Order 163

Written By James W. Norment

In a series of Executive Orders, the most recent of which is Executive Order 163 dated September 1, 2020, Governor Roy Cooper implemented a "Safer at Home Phase 2.5" COVID-19 response plan.   While certain businesses…

Panelists Talk Diversity and Inclusion From Personal and Professional Perspectives

Written By Emily G. Massey

Two panelists and an employment attorney delved deep into some of the tricky issues that companies can face as they seek to strengthen their diversity, equity, and inclusion efforts, as well as the challenges that uncons…

For Employers: Understanding the Supreme Court's Title VII Ruling

Written By X. Lightfoot and Devon D. Williams

Understanding the Supreme Court’s Narrow Title VII/LGBTQ Ruling On June 15, 2020, the Supreme Court of the United States (“SCOTUS” or the “Court”) ruled in Bostock v. Clayton County, Geo…

Back to School: What School Reopening Plans Mean for Employers

Written By Emily G. Massey

According to North Carolina Governor Roy Cooper, the most important reopening during the COVID-19 pandemic is our state's schools.  However, "schools will look a lot different this year."  While the decision to …

Liability Waivers and Questionnaires in the Time of COVID-19

Written By Will Oden

As businesses begin to re-open and re-engage their workforce, and in light of the ongoing COVID-19 pandemic, it is worth exploring requiring your employees (and in certain circumstances, customers) to execute a liability w…

An Employee Cannot be Fired, or Otherwise Discriminated Against, for Being Gay or Transgender

Written By X. Lightfoot and Hayley R. Wells

Today, the Supreme Court of the United States ("SCOTUS") decided in Bostock v. Clayton County, Georgia that the protections of Title VII of the 1964 Civil Rights Act ("Title VII") extend to individuals who are discriminate…

Returning to Work in a Pandemic: What Employers Need to Know

Written By Angela P. Doughty, CIPP/US, AIGP

Restrictions are lifting, businesses are reopening, and corporate counsel face a slew of novel legal considerations as they guide their companies through post-lockdown operations. During a May 14 webinar for the Research …

Employers Ask, "How Do I Get My Workers Back to the Workplace?"

Written By X. Lightfoot and Will Oden

More than half of the states have started to lift restrictions to re-open businesses or have similar plans to re-open in the next few weeks.  This mass re-opening, coupled with the fact that some employees at home ar…

Practical Considerations for Your "Return to Work" Plan

Written By Chrystal D. Bradshaw

The COVID-19 pandemic has sent many of us out of our office space and into our homes, working from kitchen tables or spare bedrooms.  While many employees have adjusted well to new routines and environments, others a…

Didn’t See That Coming: Unexpected Results of FFCRA Paid-Leave "Temporary" Regulations

Written By X. Lightfoot, Emily G. Massey, and Grant B. Osborne

The world continues to combat the devastating COVID-19 global pandemic.  Many businesses have been forced to lay off and/or furlough untold numbers of valued employees. Still, many employers are able to continue opera…

Employer's Recordkeeping Requirements For Leave Requests Under the FFCRA

Written By Hayley R. Wells

On April 6, 2020, the United States Department of Labor ("DOL") issued its Temporary Rule promulgating regulations to implement the leave entitlements authorized by the Families First Coronavirus Response Act ("FFCRA"). T…

The New Normal – Teleworking Challenges and Solutions

Written By Emily G. Massey

The COVID-19 pandemic has turned the world upside down, and staying home has become the new normal.  (For Instagram users, the #stayhome hashtag has 10.5 million posts!)  Whether to comply with a local stay-at-h…

New COVID-19 Guidance for Public Sector Employers

Written By Emily G. Massey and Clifford P. Parson

On March 18, 2020, Congress passed the Families First Coronavirus Response Act ("FFCRA") to address some of the effects COVID-19 has caused in workplaces across the country.  As we have written previously, the U.S. D…

Employer's Alert: Third Round of Informal Guidance and FAQs on the FFCRA Issued

Written By Emily G. Massey and Devon D. Williams

We have written previously about the U.S. Department of Labor's ("USDOL") informal guidance and FAQs addressing compliance with the Families First Coronavirus Response Act ("FFCRA").  While we are adjusting to our co…

FFCRA Health Care Providers Exemption: New Guidance Published

Written By Emily G. Massey and Grant B. Osborne

We previously posted that the "health care provider" exemption from the obligation to provide "paid sick time" and paid "public health emergency leave" under the Families First Coronavirus Response Act of 2020 ("FFCRA") wa…

North Carolina's Stay-At-Home Order: What Do You Need to Know?

Written By James W. Norment

On Friday, March 27 Governor Roy Cooper issued a statewide Stay-At-Home Order (Order). It will take effect at 5:00 p.m. on Monday, March 30, 2020, but the Governor expects North Carolinians to start following it sooner if…

COVID-19 Update for Employers: New Key Guidance

Written By X. Lightfoot and Hayley R. Wells

On March 25, 2020, the U.S. Department of Labor's Wage and Hour Division ("WHD") published its initial guidance to provide compliance assistance for employers related to the application of the benefits and leave entitlemen…

Enhanced Unemployment Assistance Under the CARES Act

Written By William S. Durr

As the pandemic rages on, the number of North Carolina workers applying for unemployment benefits is staggering.  Between March 16, 2020 and the end of the day on March 25, 2020, the N.C. Division of Unemployment Sec…

Employers Required to Post Employee Rights Notice Under Families First Coronavirus Response Act

Written By Hayley R. Wells

As employers continue to weather the effects of the COVID-19 outbreak, the U.S. Department of Labor ("DOL") has issued some guidance to help businesses and employees understand the Families First Coronavirus Response Act (…

Are Health Care Providers Exempt from the FFCRA Paid Leave Requirements?

Written By Emily G. Massey and Grant B. Osborne

And who is a "health care provider?" These are questions we have grappled with since the Families First Coronavirus Relief Act ("FFCRA") was enacted one week ago (March 18, 2020).  Here is what we know so far. The F…

Alert: Congressional Leaders Strike Deal to Bring Financial Help to the Nation, Details Unknown and the Deal Is Not Yet Law

Written By James W. Norment

As our entire way of life is being disrupted by the COVID-19 public health crisis, Congress moved closer to some sort of federal help on Wednesday, March 25. The COVID-19 relief bill being debated in the Senate h…

Contagion II: MORE Practical Advice for NC Employers Wrestling with COVID-19

Written By Grant B. Osborne

We wrote just four days ago that the world seems to have shifted beneath our feet – to have become alien and dangerous. That, in recent days, hasn’t become less true. For employers, it has also become far more…

The ABC Laws, They Are a Changing

Written By Hayley R. Wells

With the law seemingly changing hour to hour, we thought it might be helpful to update our Alcohol Beverage Clients on the week's COVID-19 developments that directly impact your day to day operations, employees, and financ…

"Hold On, Help Is on the Way:" U.S. Senate Passes Second COVID-19 Relief Bill

Written By Emily G. Massey, Will Oden, and Devon D. Williams

On March 18, 2020, the United States Senate passed a second round of relief legislation as a result of the Covid-19 pandemic, this time to provide relief to American employers.  The measure passed with 90 senators vo…

What the EEOC Wants You to Know About the ADA, the Rehabilitation Act, and COVID-19

Written By Emily G. Massey

On March 18, 2020, the Equal Employment Opportunity Commission ("EEOC") published its "Q&A About the ADA, the Rehabilitation Act, and COVID-19."  The Q&A confirms much of what we gleaned from previous EEOC gu…

Gov. Roy Cooper Orders Restaurants and Bars to Close Dine-In Service, Announces New Help for Unemployed

Written By X. Lightfoot and Devon D. Williams

Today, March 17, 2020, Governor Roy Cooper announced a new Executive Order ("EO") to close all restaurants and bars to dine-in customers.  The EO still allows those businesses to continue operations through takeout a…

Contagion: Practical Advice for NC Employers in the Face of Coronavirus Disease

Written By Grant B. Osborne

The world seems to have shifted beneath our feet – to have become alien and dangerous. That's no doubt true, but we've been here before. More than 100 years ago, soon after the end of World War I, we encountered the…

Thanks for the Tip: U.S. DOL's Proposed Rule and Potential Enhanced Availability of "Tip Pools"

Written By X. Lightfoot and Grant B. Osborne

The Fair Labor Standards Act of 1938 ("FLSA"), for decades, has permitted employers to pay some workers a lower minimum hourly wage than would otherwise be due if the workers receive at least a minimum amount per month in …

In-House Counsel Seminar Insights: Group Exercise Highlights Tricky Employment Law Issues

Hammertime Security is a nationwide cybersecurity firm whose in-house counsel faces a slew of tricky legal problems:  Managers posting unprofessional content on social media Employees publicly complaining about co…

U.S. Department of Labor Issues Final Rule on Joint Employment

Written By Emily G. Massey and Will Oden

On January 12, 2020, the United States Department of Labor ("USDOL") Wage and Hour Division announced a final rule regarding joint employment under the Fair Labor Standards Act ("FLSA"), to be published on January 16 of th…

Tearing Up the Litmus Test: Potential Problems with Testing Employees for Marijuana Use

Written By Emily G. Massey, Allen N. Trask, III, and Devon D. Williams

Picture this: You are a law-abiding citizen. You observe the speed limit (or, at least, stay within five MPH of it), you don’t cheat on your taxes, and you most certainly do not take illegal drugs. Those values perm…

EEOC Representative Provides Perspective on Sexual Harassment and Discrimination

Written By Grant B. Osborne

How does the Equal Employment Opportunity Commission evaluate discrimination complaints? What trends is it seeing in the cases it’s reviewing? And how do investigators assess claims involving sexual harassment and e…

Reminder to North Carolina Employers: Take Time to Thoughtfully Craft Your Restrictive Covenants!

A recent decision of the North Carolina Court of Appeals serves as an important reminder to avoid the temptation to overreach when seeking to protect your customer relationships. Restrictive covenants prohibiting competit…

Can an Employee be Fired for Being Gay or Transgender?

Written By X. Lightfoot

HR Professionals will soon know the answer to this question.  The United States Supreme Court is preparing to settle a contentious debate on employee protections under federal employment discrimination laws.  On…

Attorneys Provide Updates on Rapidly Changing Aspects of Employment Law

Written By Hayley R. Wells

Several Ward and Smith attorneys provided updates on some of the fastest-changing areas of employment law during the firm’s 2019 Employment Law Symposium. In a rapid-fire session, they covered several topics, includ…

NC Attorney General Talks Opioid Epidemic at Employment Law Symposium

Written By S. McKinley Gray, III

North Carolina Attorney General Josh Stein identified opioid abuse and cybersecurity as top challenges businesses face, while also giving attendees at Ward and Smith’s 2019 Employment Law Symposium a look at the broa…

Live Action Role Playing — A Day in the Life of HR

Written By Devon D. Williams

Attendees at Ward and Smith’s 2019 Employment Law Symposium got a taste of the legal twists and turns that any human resources professional could face: Employee vs. independent contractor questions, social media poli…

From Facebook to FMLA to Furry Friends—Frequently Asked Questions in Employment Law

Written By Emily G. Massey

The questions we receive as labor and employment attorneys vary based on many factors such as organizational changes a business is experiencing, new laws or regulations that affect employer obligations, and certain trends …

Construction Conference Insights: How to Lower Legal Risk

Written By Ryal W. Tayloe

Three Ward and Smith attorneys provided detailed advice on how firms in the construction industry can lower their legal risk in the opening panel at the 2019 Ward and Smith Construction Conference. Attorneys Devon William…

Pray for a Good Harvest, but Keep at Your Plow – And Know Enough Employment Law to Stay Out of the Ditch

Written By Grant B. Osborne

Employers in agribusiness face the same risks as those in any other business, but perhaps more than most if faced with frequent employee-turnover and employees with little loyalty to those for whom they work. Former emplo…

Understanding and Responding to Licensing Boards

Receiving notice of a complaint or investigation from a licensing board almost always is traumatizing.  Responding can be challenging because the mere submission of a complaint can trigger a strong emotional response…

In-House-Counsel Seminar Insights: Ethics and Professional Responsibility in the #MeToo Era

Ward and Smith employment law attorneys Ken Gray and Emily Massey gave corporate attorneys at the firm’s 2018 In-House Counsel Seminar a refresher in the law and ethics surrounding employment discrimination and workp…

"We'll Just Kick Him Out!" Member Discipline and Expulsion in Private Clubs

Written By Ryal W. Tayloe

Most private country clubs and social clubs are nonprofit corporations governed by North Carolina's Nonprofit Corporation Act found in Chapter 55A of the North Carolina General Statutes. Specifically, N.C. Gen. Stat.…

The Affordable Care Act: What's New in 2018/2019?

Written By Devon D. Williams

Over the past several years, there has been much speculation surrounding the Patient Protection and Affordable Care Act (the "ACA"), including whether it would be repealed in full, only partially, or not at all.  Des…

How To Avoid Becoming A #MeToo Statistic In 2019

Written By S. McKinley Gray, III

A new lawsuit for sexual harassment is filed almost on a daily basis somewhere in the United States.  Most of these lawsuits could have been avoided with (1) proper groundwork on the front end, (2) an impartial inves…

Employer Survival Toolkit for Natural Disasters and Inclement Weather

Written By Emily G. Massey

One month after North and South Carolina experienced the devastating effects of Hurricane Florence, many people and businesses are still suffering from the aftermath. The businesses that were not affected or have since re…

Oden's "Top 4" Issues for Employers for 2018 (So Far)

Written By Will Oden

What follows are the "Top 4" issues or some variation/combination (in no particular order) that I have discussed with employers so far in 2018. Some may seem like common sense for the more seasoned Human Resource Director…

Ward and Smith’s 2018 Employment Law Symposium: Real-Life Lessons in Diversity in the Workplace

Written By S. McKinley Gray, III

This is the last in a series of articles summarizing key topics addressed at the Ward and Smith, P.A. 2018 Employment Law Symposium held in Wilmington, North Carolina.  During a session on diversity in the workplace…

Key 2018 Legal Updates for Employers: Report from Ward and Smith's 2018 Employment Law Symposium

Written By Emily G. Massey

This is the third in a series of articles summarizing key topics addressed at the Ward and Smith, P.A. 2018 Employment Law Symposium held in Wilmington, North Carolina. Ward and Smith's 2018 Employment Law Symposium kicke…

Family Affair: Potential Problems with Family-Owned Businesses

Written By Merrill G. Jones, II and Zachary F. Lamb

Some of the most heartbreaking situations we see in our closely-held business and estate practices are families torn apart over differences in dealing with family-owned businesses.  When there are problems with famil…

Employment Law Symposium: Preventing and Dealing with Workplace Harassment

Written By Will Oden

This is the second in a series of articles summarizing key topics addressed at the Ward and Smith, P.A. 2018 Employment Law Symposium held in Wilmington, North Carolina.   Sexual harassment i…

Employment Law Symposium Insights: Dealing with Workplace Discrimination

Written By Devon D. Williams

This is the first in a series of articles summarizing key topics discussed at Ward and Smith's 2018 Employment Law Symposium. Recently, Thomas M. Colclough, deputy district director of the United States Equal Employment …

Public University Required to Disclose Sexual Assault Disciplinary Records

Written By Emily G. Massey

Recently the North Carolina Court of Appeals issued a controversial, but unanimous decision requiring the University of North Carolina at Chapel Hill ("UNC-CH") to release its students' sexual assault disciplinary records.…

Play by the Rules, Especially if They Are Your Rules: NC Supreme Court Creates New Constitutional Claim for Governmental Employees

Written By Grant B. Osborne

"We hold it to be self-evident that all persons … are endowed by their Creator with certain inalienable rights; that among these are life, liberty, [and] the enjoyment of the fruits of their own labor …." …

"ITIN Contractors" – What North Carolina Construction Companies Need to Know to Minimize Risk

Written By Lee C. Hodge

As explained in an earlier article, the North Carolina Department of Revenue (the "NCDOR") has aggressively audited North Carolina construction companies on the issue of whether they are properly withholding with respect t…

Protecting Important Assets of your Growing Business: The Value of Non-Compete Agreements and Trade Secret Protection

Written By Norman J. Leonard

You have a great idea for a product or service and dream of putting that idea to work by starting a business. Once your dream has become reality, however, and your business starts to grow, it will not be successful for ve…

Social Hosts Beware: "One More for the Road?" May Be a Bad Idea

Written By Grant B. Osborne

Everyone was having such a good time, too . . . The company was hosting its annual holiday party.  The company had arranged to hold the event that Saturday night in a hotel ballroom.  Moods were festive, especia…

The EEOC on Pregnancy, Reasonable Accommodation, and Religion

Written By Emily G. Massey

Recent Views from the EEOC Charlotte District Office Thomas M. Colclough, Deputy District Director of the Equal Employment Opportunity Commission (EEOC) Charlotte District, spoke on October 6th at Ward and Smith's Labor &…

Truth and Consequences: Title VII's Opposition Clause and Employer's Reasonable Belief

Written By Hayley R. Wells

This summer, the United States Court of Appeals for the Fourth Circuit, which hears appeals from North Carolina federal courts, issued an opinion that has employers taking note.  In Villa v. CavaMezze Grill, LLC, the …

"Stick A Fork in It!" Updated Overtime Rules Are DOA . . . For Now

Written By Grant B. Osborne

On August 31, 2017, Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas entered a final judgment in State of Nevada et al. vs. U.S. Department of Labor et al., awarding summary judgment against …

Here Today, Gone Tomorrow: the Allures and Legal Considerations of Pop-Up Shops

Written By Joanne H. Badr

For years now, a new type of retail merchant has been "popping up" everywhere.  Short-term, temporary retail events, or "pop-ups," serve as a marketing strategy for retailers and entrepreneurs looking to extend their …

How to Survive a North Carolina Department of Labor OSH Investigation

Written By Will Oden

Introduction Your business may be subject to an investigation by the North Carolina Department of Labor, Occupational Safety and Health Division ("OSH") at any time.  Investigations may occur because of an on-the-job…

The Blind Side: EEOC's "Proposed Enforcement Guidance on Harassment"

Written By Grant B. Osborne

  "The more laws, the more offenders." -- Thomas Fuller Background On January 10, 2017, the United States Equal Employment Opportunity Commission (the "EEOC") did employers a favor.  It released "a propos…

Rejoice: The Return of Premium-Reimbursement Plans for Small Employers

Written By Devon D. Williams

Last week Congress passed H.R. 34, which will exempt certain health reimbursement arrangements ("HRA"), including premium-reimbursement plans, from most Affordable Care Act requirements for small employers (i.e. those empl…

Pretty Fast for Government Work: United States Department of Labor Files Notice of Appeal of Order Enjoining Enforcement of “Final” Overtime Rule

Written By Grant B. Osborne

On November 22, 2016, the United States District Court for the Eastern District of Texas granted a momentous preliminary injunction stopping the United States Department of Labor ("DOL") from implementing and enforcing its…

Having Election News Withdrawal?

Written By Mary V. Cavanagh

Supreme Court Decides Case on Protected Political Activity in Public Employment Some of us may have had enough of all things election by now.  But the United States Supreme Court decided a case last April that broade…

Not So Fast: Texas Judge Stops Department of Labor From Implementing New Overtime Rules on December 1st

Written By Grant B. Osborne

The United States District Court for the Eastern District of Texas has granted a preliminary injunction stopping the U.S. Department of Labor ("DOL") from implementing new overtime regulations.  The court concluded th…

Lessons From the EEOC's General Counsel's Retrospective: Top Ten Litigation Developments and the Effective Employer's Response

Written By Grant B. Osborne

On October 7, 2016, the General Counsel of the U.S. Equal Employment Opportunity Commission ("EEOC"), P. David Lopez, presented "The EEOC's Top Ten Litigation Developments" at an employment law symposiu…

Treating with the Enemy: Civil Collaborative Practice

Written By E. Knox Proctor V

If you feel sure you have been cheated by a business partner, an employee, or a contractor, your first instinct may be to file a lawsuit, in the hope that you can annihilate the person who did you wrong.   But if it'…

Losing Control: The USDOL's Latest Independent Contractor Test

The use and misuse of independent contractor status has been one of the most talked about issues facing businesses over the past decade.  Major newspapers have published exposés, lawmakers have threatened new l…

Did You Tell Them? Employers' Notice Obligations Regarding Whistleblowers Under the Federal Defend Trade Secrets Act

The federal Defend Trade Secrets Act ("DTSA"), an amendment to the Theft of Trade Secrets Act, became effective May 12, 2016.  The DTSA provides trade secret owners an avenue to pursue claims for trade secret misappro…

At Long Last: The Department of Labor Issues Final Salary Threshold Rule Effective December 1, 2016

Written By Grant B. Osborne

After almost a year of speculation and concern, the U.S. Department of Labor ("DOL") today, May 18, 2016, issued its long-awaited Final Rule on overtime exemptions, making a major change to the minimum salary that an emplo…

E-Verify Changes Expected for North Carolina

Written By Hayley R. Wells

In the final days of the 2015 legislative session, the North Carolina General Assembly passed the Protect North Carolina Workers Act ("Act").  The Act will modify the E-Verify requirements applicable to contractors do…

"Spoiler Alert": Amended Federal Rule 37(e) Addresses Standards and Sanctions for the Spoliation of Electronically Stored Information

Written By Edward J. "Trip" Coyne, III

On December 1, 2015, absent congressional action, a significantly revised version of Federal Rule of Civil Procedure Rule 37(e) will become effective.  The revised rule is intended to harmonize the standards for impos…

White Collars Turning Blue? The Possible Impact on Employers of the Department of Labor's Proposed Revisions to the Regulations Governing Overtime Pay for "White Collar" Workers

Written By Grant B. Osborne

The Department of Labor has proposed rules to dramatically limit the ability of employers to classify "white collar" employees as exempt from overtime pay requirements. Background The federal Fair Labor Standards Act ("F…

Unpaid Interns: Does The Law Actually Require That They Be Paid For Their Work?

Written By Devon D. Williams

Do you have students and recent graduates eager to learn about your company and industry just to get a leg up for future employment prospects? Did you know that unless you are careful, you may have to pay them even if they…

Perhaps Mimeographs and IBM Selectrics® Weren't So Bad: Employee Entitlement to Use Employer Email Systems to Engage in Protected Concerted Activity

Written By Grant B. Osborne

Overview Most employers of any size or sophistication are generally familiar with the governmental agencies that regulate them, such as the U.S. Department of Labor ("USDOL"), the Equal Employment Opportunity Commission (…

"I'm from the Government and Here to Help": The NLRB's New EXPEDITED Union "Representation Case Procedures"

Written By Will Oden and Grant B. Osborne

Union membership in the private sector, nationwide and in states like North Carolina, is hardly flying off the shelf.  It now appears that the NLRB is trying to accomplish by administrative fiat what has not been acco…

2014: A "Year of Executive Orders" Affecting Federal Contracting

Written By Devon D. Williams

As we look back over 2014, most people, regardless of political affiliations, can agree that President Obama, in some fashion, adhered to his 2014 State of the Union Address where he promised that 2014 would be a "year of …

2015 ACA Forecast: Employers Beware Of ACA Traps, Pitfalls, And Uncertainties

Written By Devon D. Williams

Employers must tread carefully in selecting employee benefit plans and avoid the temptation to implement healthcare cost‑saving tactics that push the boundaries of federal law.  Otherwise, they may find themselv…

Fair Labor Standards Act: Narrow Exceptions For Volunteers And Interns

How do you react to dedicated employees who love their work so much that they offer to perform extra work "off the clock"?  Or, if you run a nonprofit organization, what do you say when your accounting clerk volunteer…