Ward and Smith and Attorneys Shine in 2026 Chambers USA Rankings
June 4, 2026
Ward and Smith has once again been recognized as one of North Carolina’s leading law firms in the 2026 edition of Chambers USA. The…
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Devon Williams and X. Lightfoot Presented Employment Law Updates at Sentinel Business Forum
April 30, 2026
Ward and Smith labor and employment attorneys, X. Lightfoot and Devon Williams, were featured speakers at a recent business forum hosted by Sentinel. Held on April 16 at…
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Ward and Smith Attorneys Present on Employment Law Updates at NC Community Colleges Accounting & Business Office Conference
April 28, 2026
Ward and Smith labor and employment attorneys Ken Gray and Justin Hill presented at the North Carolina Community Colleges Accounting & Business Office Conference on April 20, where they addressed timely…
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Strengthening Workplace Investigations: Hayley Wells to Present at WNCHRA
April 21, 2026
Employment attorney, Hayley Wells, will present at an upcoming program hosted by the Western North Carolina Human Resource Association (WNCHRA). Hayley’s session, “Conducting Effective…
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Ken Gray to Speak at NCACCHRP Regional Meeting on Employee Classification and Wage Compliance
April 17, 2026
Attorney Ken Gray will speak at the upcoming regional meeting of the North Carolina Association of Community College Human Resources Professionals (NCACCHRP), bringing together…
article
Protecting Your Career and Your Income: Why High-Earning Professionals Need Own-Occupation Disability Insurance
April 10, 2026
For high-earning professionals with years of education, training, and dedication behind them, the ability to exercise their specialized skills and earn income is more…
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Emily Massey Named a 2026 Triangle Law Awards Winner
April 7, 2026
Triangle Business Journal has named Emily Massey one of 20 winners of the inaugural Triangle Law Awards. The new program recognizes outstanding attorneys across…
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Ken Gray Recognized as a 2026 Honoree by North Carolina Lawyers Weekly
April 2, 2026
Ward and Smith is pleased to announce that Ken Gray has been recognized as an “Icon” honoree as part of North Carolina Lawyers Weekly’s…
article
Out of Tune: Trade Secret Theft and Employment Law Case Study
March 31, 2026
Three Ward and Smith attorneys shared practical insights and strategies for responding to the theft of trade secrets, by sharing the example of a…
article
The Greatest Hits of Employment Law for In-House Counsel: DEI and Looking Ahead for 2026
March 27, 2026
During Ward and Smith’s annual In-House Counsel Seminar, four attorneys from the firm placed a spotlight on recent topics that are striking a chord…
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Avery Locklear to Lead Breakout Session at UNCP Women’s Empowerment Summit
March 20, 2026
Attorney Avery Locklear will lead a breakout session at the University of North Carolina at Pembroke’s Women’s Empowerment Summit on March 27, 2026. The…
article
The Greatest Hits of Employment Law for In-House Counsel: Immigration and the NLRB
March 20, 2026
During Ward and Smith’s annual In-House Counsel Seminar, four attorneys from the firm placed a spotlight on recent topics that are striking a chord…
article
Easier? U.S. Department of Labor Publishes 146-Page Notice with Proposed Regulations to “Make it Easier” to Distinguish Employees from Independent Contractors
March 5, 2026
“The nine most terrifying words in the English language are ‘I’m from the government, and I’m here to help.'” — President Ronald Reagan, August…
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25 Ward and Smith Attorneys Recognized as 2026 North Carolina Super Lawyers and Rising Stars
February 18, 2026
Ward and Smith is pleased to announce that 25 of its attorneys were recognized in the 2026 North Carolina Super Lawyers and Rising Stars…
article
Understanding and Responding to Licensing Boards
February 17, 2026
Receiving notice of a complaint or investigation from a licensing board is frightening for a professional. Responding can be challenging because the mere submission…
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Ward and Smith Presenters at NCBA’s 2026 Business Law & Corporate Counsel Joint Program
February 10, 2026
Ward and Smith is pleased to have multiple representatives contributing to the North Carolina Bar Association’s 2026 Business Law and Corporate Counsel Sections Joint…
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Will Oden to Speak at NCBA’s 2026 Fundamentals of Employment Law Program
February 9, 2026
Labor and employment attorney Will Oden will serve as a panelist at the North Carolina Bar Association’s 2026 Fundamentals of Employment Law Program, taking place February…
article
Hands Up: Thrills and Chills of Labor Relations with the NLRB
February 6, 2026
At Ward and Smith’s recent annual Employment Law Symposium, two attorneys from the firm’s labor and employment group, Justin Hill and Hayley Wells, interviewed…
article
Coaster Showdown: The Non-Compete Dilemma
January 30, 2026
Three Ward and Smith attorneys provided context on the twists and turns of noncompete agreements by sharing the example of a hypothetical amusement park,…
article
Top of the Wheel: A Conversation with North Carolina Labor Commissioner Luke Farley
January 23, 2026
At its annual Employment Law Symposium, Ward and Smith, P.A. invited North Carolina Labor Commissioner Luke Farley to share how employers can navigate the…
article
Speed Circuit: Racing Through Today’s Top Labor Law Topics
January 16, 2026
At the recent Employment Law Symposium held by Ward and Smith, three attorneys from the Labor and Employment Law Group plotted a course through…
article
Fast Pass Through the Employer’s Legal Landscape: Lap 2, The State of DEI
January 9, 2026
We continue our series of topics addressed during Ward and Smith’s Employment Law Symposium, focusing on the current state of DEI. X. Lightfoot, a…
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38 Ward and Smith Attorneys Recognized as 2026 Business North Carolina Legal Elites
January 9, 2026
Ward and Smith is pleased to announce that 38 of the firm’s attorneys have been recognized in the 2026 Legal Elite by Business North…
article
Fast Pass Through the Employer’s Legal Landscape: Lap 1
January 2, 2026
During Ward and Smith’s annual Employment Law Symposium, several firm attorneys provided insightful guidance on recent issues that are top of mind for many…
article
Ward and Smith’s Top 10 Most Popular Articles of 2025
December 19, 2025
As we reflect on 2025, it’s time to highlight the articles that have most resonated with readers throughout the year. Ward and Smith attorneys…
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Justin Hill and Hayley Wells Earn NC State Bar Board Certification in Employment Law
December 11, 2025
Ward and Smith, P.A. is proud to announce that Justin Hill and Hayley Wells have become Board Certified Specialists in Employment Law by the…
article
ICE Enforcement Sweeps North Carolina: What Employers Need to Know
November 25, 2025
This past week, U.S. Immigration and Customs Enforcement (ICE) agents conducted coordinated enforcement operations across major cities in North Carolina, sparking public outcry, widespread…
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Ward and Smith Ranked by Best Law Firms® in 2026
November 6, 2025
Ward and Smith, P.A., has been recognized in the 2026 Edition of Best Law Firms®. The firm was ranked by Best Law Firms in 30 practice…
article
Trick or Treat? Holiday Reminders for Employers
October 17, 2025
Temperatures are falling, which means holidays are approaching. For employers, there is one piece of good news: Halloween is on a Friday! Otherwise, buckle…
article
Navigating Employee Political Speech: Key Considerations for Employers
September 16, 2025
The recent national attention following the fatal shooting of political commentator Charlie Kirk has intensified public debate about political expression, raising questions about what…
article
Stay Ready So You Don’t Have to Get Ready: Initial Tips to Navigating OSHA Inspections
September 2, 2025
As maximum Occupational Safety and Health Administration (“OSHA”) penalties continue to increase on an annual basis, the importance of being prepared for an OSHA…
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Will Oden Named to NC Lawyers Weekly Employment Law Power List for Second Year
August 25, 2025
Ward and Smith is proud to announce that Wilmington-based labor and employment attorney Will Oden has been named to North Carolina Lawyers Weekly’s Employment…
article
Federal Appellate Court Enjoins NLRB Proceedings, Concluding the NLRB’s Structure Is Likely Unconstitutional
August 22, 2025
In Space Exploration Technology Corp. v. NLRB, No. 24-50627 (5th Cir. 2025) (“SpaceX”), the U.S. Court of Appeals for the Fifth Circuit affirmed a…
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68 Ward and Smith Attorneys Honored by Best Lawyers® for 2026
August 21, 2025
Ward and Smith is proud to share that 68 attorneys have been recognized by Best Lawyers in America®. Of those honored, 55 were named to…
article
Why Your Employees Are Your Biggest Trade Secret Risk (And What NC Business Owners Can Do About It)
August 19, 2025
In today’s digital workplace, protecting your company’s trade secrets has never been more challenging. While external cyber threats make headlines, the reality is that…
article
Hurricane Preparedness: Essential Legal Topics for North Carolina Business Owners
July 25, 2025
Hurricane season presents significant legal and operational challenges for North Carolina businesses. Whether it’s a hurricane hammering your business, floodwaters threatening your property, hail…
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Construction Conversations: Rapid Fire Legal Update
July 15, 2025
Three Ward and Smith attorneys shared critical insights on an array of legal topics impacting the construction industry, including updates on the shifting landscape…
article
Employer Wellness Programs – Legal Landscape of Staying Compliant
July 11, 2025
Employer-sponsored wellness programs are designed to promote healthier lifestyles through health screenings, fitness incentives, and/or lifestyle coaching. In recent years, such programs have become…
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Ward and Smith Attorneys Featured in NC Bar Journal for Leadership in Employment Law Specialization
June 26, 2025
Three Ward and Smith attorneys—Grant Osborne, Will Oden, and Ken Gray—were featured in the Summer 2025 issue of the North Carolina State Bar Journal…
article
The Art of Effective Disciplinary Documentation: A Practical Guide for Manufacturing Managers
June 20, 2025
Manufacturing managers regularly hear complaints about employee behavior that are difficult to address: “John is rude in meetings.” “Sarah has a bad attitude.” “Mark…
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Will Oden Joins American Arbitration Association Employment Panel
June 12, 2025
Ward and Smith is proud to announce that experienced labor and employment attorney and mediator, Will Oden, has been invited to join the American…
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X. Lightfoot to Speak at Triangle SHRM’s June Chapter Meeting
June 11, 2025
Six months into 2025, the workplace is shifting—fast. From sweeping executive orders on labor practices to new federal priorities on pay equity, workplace safety,…
article
Tick Tock, Tick Tock: Employers Face Final EEO-1 Component Filing Deadline
June 10, 2025
The clock is ticking for covered employers to submit EEO-1 Component 1 reports. The U.S. Equal Employment Opportunity Commission (EEOC) opened the 2024 EEO-1…
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Ward and Smith and Attorneys Shine in 2025 Chambers USA Rankings
June 5, 2025
Ward and Smith has once again been recognized as one of North Carolina’s leading law firms in the 2025 edition of Chambers USA. The…
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X. Lightfoot, Emily Massey, and Devon Williams Earn Board Certification in Employment Law
May 29, 2025
Ward and Smith, P.A. is pleased to announce that Labor and Employment attorneys X. Lightfoot, Emily Massey, and Devon Williams have become North Carolina…
article
Preventing Trade Secret Theft: Proactive Strategies for In-House Counsel
May 6, 2025
Ed. Note: This is the last in a series of articles taken from Gavin Parsons’ CLE presentation for the North Carolina Bar Association’s Antitrust…
article
New Workplace Policies Employers Should Consider
March 21, 2025
As the workplace landscape continues to evolve, employers must stay ahead of emerging challenges by implementing thoughtful and proactive policies. In 2025, three key…
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Ward and Smith Attorneys to Speak at the NCBA Labor and Employment Update CLE
February 25, 2025
Labor and employment attorneys X. Lightfoot, Avery Locklear, and Genesis Torres will present at the North Carolina Bar Association’s CLE program, “Navigating the Changing…
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25 Ward and Smith Attorneys Shine in 2025 Super Lawyers and Rising Stars Lists
February 18, 2025
Ward and Smith is thrilled to announce that 25 of its attorneys have earned spots on the prestigious North Carolina Super Lawyers and North…
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Avery Locklear to Participate in LCFHRA’s 2025 Attorney Panel
February 12, 2025
Ward and Smith labor and employment attorney Avery Locklear will be a featured speaker at the Lower Cape Fear Human Resources Association’s (LCFHRA) 2025…
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Ward and Smith’s Will Oden Inducted into the Legal Elite Hall of Fame for Employment Law
January 30, 2025
Ward and Smith employment law attorney Will Oden has been honored with induction into Business North Carolina’s Legal Elite Hall of Fame for Employment…
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The DEI Stalemate: Paying the Price for the Wrong Move – Part 2
January 21, 2025
Three Ward and Smith attorneys described what can happen when a DEI initiative goes wrong, placing an organization in a legal stalemate with its…
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The DEI Stalemate: Paying the Price for the Wrong Move – Part 1
January 17, 2025
Three Ward and Smith attorneys described what can happen when a DEI initiative goes wrong, placing an organization in a legal stalemate with its…
article
Key Employment Law Issues Employers Need to Watch in 2025
January 14, 2025
As the United States enters a new administration, changes in workplace regulations and enforcement priorities are on the horizon. For employers, this means staying…
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Ward and Smith Attorneys Honored as 2025 Business North Carolina Legal Elites
January 6, 2025
Ward and Smith is proud to announce that 38 of its attorneys have been named to Business North Carolina’s 2025 Legal Elite, a testament to…
article
Essential Reading for Employers: Labor and Employment Highlights of 2024
December 27, 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…
article
A Year in Review: Ward and Smith’s Most Read Legal Insights in 2024
December 23, 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…
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Ward and Smith’s Year in Review: Celebrating Excellence, Resilience, and Growth in 2024
December 20, 2024
As 2024 draws to a close, we reflect on a year defined by Hurricane Helene, many new faces, and industry recognition for our attorneys.…
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Part 2 in Heatwaves of Drama: A Case Study in “What Not To Do” for Southeastern HR Professionals
December 17, 2024
Ed. Note: Read Part 1 of Heatwaves of Drama Here Ward and Smith Labor and Employment attorneys presented an interactive case study during their…
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Part 1 in Heatwaves of Drama: A Case Study in “What Not To Do” for Southeastern HR Professionals
December 13, 2024
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…
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Grant Osborne, Will Oden, and Ken Gray Among North Carolina’s First Board Certified Specialists in Employment Law
December 11, 2024
Effective December 6, 2024, Ward and Smith attorneys Grant Osborne, Will Oden, and Ken Gray are now recognized by the North Carolina State Bar…
article
Turning Back Overtime – Texas Judge Strikes Down Salary Threshold Increase
November 19, 2024
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…
article
Fiery Debates: Current Challenges in the Modern Workplace
November 1, 2024
Five Ward and Smith attorneys provided guidance on a number of legal issues with implications for the workplace, including politics, budgets and elections, Diversity,…
article
Avoid the Hot Seat: An Interview with the NLRB
October 29, 2024
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…
article
Legal Showdown Continues: FTC Appeals Court Ruling Against Non-Compete Ban
October 24, 2024
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…
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Media Mention: Will Oden Interviewed by NC Lawyers Weekly on Noncompete Agreements
October 21, 2024
In a recent NC Lawyers Weekly article, labor and employment attorney Will Oden shared his insights on the ongoing legal challenges surrounding noncompetition agreements and the…
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Ward and Smith Attorneys Lead in the Establishment of a New Board-Certified Specialty in Employment Law
October 18, 2024
Ward and Smith attorneys Grant Osborne and Will Oden led a committee petitioning the North Carolina Board of Legal Specialization, the North Carolina State…
article
Navigating the Aftermath of Hurricane Helene in Western North Carolina
October 9, 2024
We have compiled a series of past articles designed to help you navigate the aftermath of Hurricane Helene more effectively. From understanding insurance…
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Our September Focus: The Power of Preparedness
September 23, 2024
September is all about “The Power of Preparedness.” All month long, we’re focusing on the importance of being proactive and prepared in various aspects…
article
A Short Refresher On Discrete Legal Issues During Natural Disasters
September 20, 2024
As they say, an ounce of prevention is worth a pound of cure. In that spirit, what follows are certain pay and leave issues…
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X. Lightfoot to Speak at TSHRM’s September Chapter Meeting
September 20, 2024
Mark your calendars for an essential event hosted by the Triangle Society for Human Resource Management (TSHRM)! On Thursday, September 26, from 11:00 a.m.…
article
North Carolina Agritourism and Liability Waivers
August 30, 2024
Strengthening the bond between farm and table, agritourism flourishes in North Carolina as both the agribusiness and agriculture sectors buoy the state’s economy with…
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Will Oden Named to North Carolina Lawyers Weekly’s 2024 Employment Law Power List
August 26, 2024
Will Oden has been honored with a spot on North Carolina Lawyer Weekly’s Power List for Employment Law. This prestigious list recognizes top legal…
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A Win for Employers: Judge Blocks FTC’s Non-Compete Ban Nationwide
August 21, 2024
On Tuesday, August 20, 2024, Judge Ada E. Brown, a United States District Judge for the Northern District of Texas, delivered a nationwide victory…
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67 Ward and Smith Attorneys Recognized by Best Lawyers® in America for 2025
August 15, 2024
Ward and Smith is pleased to announce that 67 attorneys have been recognized by Best Lawyers®. Fifty-four attorneys were chosen for inclusion in…
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11 Ward and Smith Attorneys Honored in the 2024 Benchmark Litigation 40 & Under List
August 9, 2024
Ward and Smith is proud to announce that 11 of its attorneys have been recognized in the prestigious Benchmark Litigation’s 40 & Under List…
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Our July Focus: Legal Rights, Responsibilies, and Regulations
July 26, 2024
The July theme of Legal Rights, Responsibilities, and Regulations promotes awareness of legal rights, ethical responsibilities, and the regulations that govern our businesses. Defamation…
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Serving Up Compliance: How the Hospitality Industry Can Remain Compliant with Changing Laws and Regulations
July 23, 2024
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…
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2024 Employment Law Symposium is Now Fully Accredited: Sign Up Today!
July 22, 2024
Ward and Smith’s 2024 Employment Law Symposium is now fully accredited for continuing education credits across several prestigious organizations. This year’s symposium, which will be…
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Media Mention: Business North Carolina Feature Article by Ken Gray and Avery Locklear
July 17, 2024
Labor and employment attorneys Ken Gray and Avery Locklear penned a thought-provoking article titled “Raising the Rate: DOL Expands Overtime Protections to Millions of…
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Pre-Register Now for the 2024 Employment Law Symposium!
June 17, 2024
Are you feeling the heat of the ever-changing employment law landscape? Get ready to turn up the temperature on your knowledge and strategies at…
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Ward and Smith and Attorneys Shine in 2024 Chambers USA Rankings
June 6, 2024
Ward and Smith is pleased to announce that several of its practice areas and attorneys have been recognized in the 2024 Chambers USA Rankings.…
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Our May Focus: Working Through Difficult Times
May 31, 2024
The May theme, “Working Through Difficult Times,” revolves around acknowledging and addressing the challenges individuals and businesses face during challenging times. Easing the Burden:…
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Media Mention: Ken Gray Discusses Implications of Proposed Mask Ban with Inc.
May 22, 2024
In a recent interview with Inc. magazine, labor and employment attorney Ken Gray shared his insights on how a proposed law to ban masks…
article
Having the Talk: How Employers Should Prepare for Difficult Disciplinary Situations
May 14, 2024
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…
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Serving Up Labor and Employment Considerations for Hospitality Professionals: Register Now
May 2, 2024
Are you ready to spice up your summer with some sizzling insights into labor and employment considerations? Join us on Wednesday, May 22, at…
article
FTC Charges Forward with Sweeping Non-Compete Ban
April 24, 2024
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…
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Raising the Rate: DOL Expands Overtime Protections to Millions of Workers
April 24, 2024
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…
Firm News
X. Lightfoot to Moderate Panel on Opposition and Resistance to DEI in the Workplace
April 23, 2024
Labor and employment attorney X. Lightfoot will lead the panel discussion on “Opposition and Resistance to Diversity, Equity, and Inclusion (DEI) in the Workplace” at…
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Ward and Smith Attorney Avery Locklear to Speak at WAHA April Luncheon
April 19, 2024
Labor and employment attorney Avery Locklear will be the featured speaker at the upcoming April Luncheon hosted by the Wilmington Area Hospitality Association (WAHA).…
article
“You Can’t Say That!” Or Can You? Words of Protest on Company-Provided Apparel Under the National Labor Relations Act
March 5, 2024
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,…
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Prescribing Professionalism: Avoiding Romance in the Medical Workplace
February 28, 2024
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…
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Our February Focus: Love, Relationships, and the Law
February 27, 2024
This month’s theme explores the intersection of love, relationships, and the legal frameworks that govern them. Protecting Your Family Business for When Marriages End By…
article
The Continued Attack on Non-Competes
February 2, 2024
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…
Firm News
Ward and Smith Attorneys to Speak at ASAP’s 2024 Business of Farming Conference
February 1, 2024
Attorneys Jenny Boyer, Bill Durr, and Avery Locklear will speak at the 2024 Business of Farming Conference hosted by ASAP (Appalachian Sustainable Agriculture Project) on Saturday, February…
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Deciphered Insights: Labor and Employment Legal Considerations
January 26, 2024
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,…
article
The Wait Is Over! The USDOL’s 2024 New Rule on Independent Contractor Classification Under the FLSA
January 19, 2024
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…
Firm News
21 Ward and Smith Attorneys Honored by North Carolina Super Lawyers in 2024
January 16, 2024
North Carolina boasts an impressive array of legal talent, and this year, we’re thrilled to announce that 21 of our attorneys have been recognized…
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36 Ward and Smith Attorneys Honored in Business North Carolina’s 2024 Legal Elite
January 4, 2024
Ward and Smith proudly announced that 36 attorneys have been honored in Business North Carolina’s 2024 Legal Elite. Five legal luminaries stand out as shining…
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New Year, (Potentially) New Rules?
January 3, 2024
Sometimes, the only constant is change. This New Year is no different. In 2023, we saw several developments in labor and employment law,…
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Top 10 Articles for Businesses in 2023
December 28, 2023
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.…
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Top 10 Articles for Employers in 2023
December 22, 2023
Our Labor and Employment Group works hard to ensure our clients hear all the critical employment law news, trends, and insights. They know our…
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The NLRB on What Employers Get Wrong
December 15, 2023
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…
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An Interview with EEOC Director Tom Colclough
December 1, 2023
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,…
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Proactive Policies: Navigating Ethical Challenges and Legal Compliance for Employer
November 17, 2023
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. …
Firm News
Ward and Smith Announces New Artificial Intelligence Practice Group
November 17, 2023
Ward and Smith is excited to announce its new Artificial Intelligence (AI) practice group. The AI practice provides comprehensive legal solutions to companies developing…
Firm News
Ward and Smith Ranked in 2024 “Best Law Firms”
November 2, 2023
Ward and Smith has been ranked in the Best Lawyers® “Best Law Firms” list regionally in 27 practice areas. Firms included in the 2024 “Best Law Firms”…
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Messy “Real Life” LARP: An Employer’s Accident Response Deconstructed for In-House Counsel
November 1, 2023
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.…
article
Navigating the Latest Employment Law Developments: What Employers Need to Know
October 27, 2023
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…
article
Plaintiffs Attorneys on What Employers Should Know Today
October 20, 2023
In a discussion led by employment law attorney Will Oden, two experienced North Carolina employment attorneys who represent employees shared insights on their respective…
Firm News
Ward and Smith Welcomes Five New Attorneys
October 5, 2023
Ward and Smith is delighted to welcome a dynamic cohort of five attorneys. Representing a breadth of capabilities spread throughout multiple offices, these professionals…
Firm News
X. Lightfoot to Illuminate Triangle SHRM with Engaging Employment Law Insights
September 19, 2023
Labor and employment attorney X. Lightfoot will be delivering a captivating discourse on the ever-shifting landscape of employment law at the Triangle Society for…
article
The EEOC Issues a Proposed Rule Regarding the Pregnant Workers’ Fairness Act
September 15, 2023
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…
Firm News
Ward and Smith Litigators Featured in the 2023 Best Lawyers® Litigation Issue
September 14, 2023
Ward and Smith attorneys are gracing the pages of the 2023 Best Lawyers Business Edition: The Litigation Issue. This is a showcase of litigators…
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The Buck Stops with You: Artificial Intelligence, Employment, & Title VII of the Civil Rights Act
September 1, 2023
“I am putting myself to the fullest possible use, which is all I think that any conscious entity can ever hope to do.” –…
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Got Employees? Understand the Benefits and Limitations of Employment Practices Liability Insurance (EPLI)
August 18, 2023
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…
Firm News
52 Ward and Smith Attorneys Recognized by Best Lawyers in America® for 2024
August 17, 2023
Ward and Smith proudly celebrates an incredible achievement—over half of our esteemed attorneys have gained recognition from one of the nation’s most respected legal…
article
NLRB Turning Up the Heat Over Employee Handbooks
August 8, 2023
In the midst of one of the hottest summers on record, the National Labor Relations Board (“NLRB” or the “Board”) is putting the heat…
article
Just in the Nick of Time: Form I-9 Remote Inspections to Continue
August 2, 2023
On July 21, 2023, the Department of Homeland Security (“DHS”) announced a new final rule establishing a remote option for employers to inspect employee…
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Navigating the Legal Waters: Join Us for our 2023 Employment Law Symposium on Sept. 8
July 25, 2023
Get ready to steer your business in the right direction with Ward and Smith’s 2023 Employment Law Symposium! Join us on Friday, September 8,…
article
Business over Breakfast: Health Care Legal Updates from our Spring Series
July 19, 2023
Several Ward and Smith attorneys shared legal updates related to the North Carolina Certificate of Need process, insights on professional licensing, and guidance on…
Firm News
Navigating Ethics in the Workplace: Attorney Avery Locklear to Share Insights at LCFHR Meeting
July 11, 2023
Explore the power of workplace ethics and their impact with labor and employment attorney Avery Locklear at the next Lower Cape Fear Human Resources…
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SCOTUS Raises Bar for Employers Confronted by Employees’ Requests for Religious Accommodation
June 30, 2023
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…
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Employers, You Need to Replace Your Mandatory EEOC Poster
June 27, 2023
As of June 27, 2023, the Pregnant Workers Fairness Act (PWFA) is in effect. The PWFA requires covered employers to provide employees with reasonable…
Firm News
Sail Away from Employment Law Stress: Pre-Register Now for Our 2023 Symposium!
June 22, 2023
Set sail for new employment law shores at our 2023 Employment Law Symposium! Join us on Friday, September 8, from 8:30 a.m. to 2:00…
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Seeking Shelter: Recession Implications for your Organization
June 21, 2023
In an interactive discussion led by Hank Harris, Director of Consulting for Ward and Smith Business Consulting, three attorneys shared their thoughts on the…
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Employers Take Note: New Laws Provide Protections for Pregnant and Nursing Employees
June 2, 2023
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…
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Trail Magic: Social Media and Employment Agreement Live Action Role-Playing
May 10, 2023
Three Ward and Smith attorneys shared insights on the legal implications businesses should consider when entering into a promotional contract with a social media…
Firm News
Media Mention: Attorney Emily Massey Quoted in Bloomberg Law Article on Transgender Bias Lawsuit
April 6, 2023
A Bloomberg Law reporter recently contacted labor and employment attorney Emily Massey for her insights regarding the EEOC’s lawsuit on behalf of a transgender…
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Stronger Together: Labor and Employment Update
March 31, 2023
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…
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Media Mention: Discover the Latest Employment Insights from Ken Gray and Avery Locklear in Business North Carolina
March 21, 2023
Stop the presses! Ward and Smith labor and employment attorneys Ken Gray and Avery Locklear have been featured in the latest edition of Business…
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Get the Latest Employment Law Updates with X. Lightfoot at WCHRA March Meeting
March 20, 2023
Level up your employment knowledge at the Wayne County Human Resources Association’s (WCHRA) upcoming meeting on March 21. Labor and employment attorney X. Lightfoot is…
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Confidentiality and Non-Disparagement Agreements with Non-Supervisory Employees: New Limitations from the NLRB
March 1, 2023
The National Labor Relations Board (“NLRB”) has recently declared a limit on parties’ contractual rights that many private employers (and, for that matter many,…
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Riding the Rapids: Staying Afloat in the Legal Waters
February 22, 2023
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…
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18 Ward and Smith Attorneys Honored in 2023 Edition of Super Lawyers
January 23, 2023
Super Lawyers, a renowned rating agency, is honoring 18 Ward and Smith attorneys for their exemplary legal services in North Carolina. Thirteen distinguished attorneys have been…
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What Say Ye, FTC: The FTC Deems Non-Competes Unfair Competition
January 11, 2023
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…
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Attorney Justin Hill Recognized as a 2022 National Law Review Go-To Thought Leader
January 10, 2023
The National Law Review (“NLR”) has named labor and employment attorney Justin Hill a 2022 Go-To Thought Leader. His article, ”Getting Rid of the…
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“I Always Feel Like, Somebody’s Watching Me”: How the NLRB General Counsel Proposes to Curtail Employer Surveillance
December 16, 2022
On October 31, 2022, National Labor Relations Board (“NLRB”) General Counsel, Jennifer A. Abruzzo, published a memorandum outlining a new framework she intends to…
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Does Your Organization Use Non-Compete, Non-Solicitation, and Nondisclosure Provisions? Employer Best Practices for Restrictive Covenants in NC
December 2, 2022
It is no hidden secret that many employers use various restrictive covenants to protect their trade secrets, confidential information, goodwill, and customer relationships. For…
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Time is of the Essence: A Conversation with the EEOC
November 30, 2022
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…
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The Roadmap to Successful DEI Initiatives in Organizations
November 18, 2022
Two Ward and Smith attorneys and Luaskya Nonon, the Deputy General Counsel and DEI Task Force Chair for Toshiba Global Commerce Solutions, shared insights…
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An Idea Whose Time Has Come: Ward and Smith Attorneys Advocate for Establishment of North Carolina Employment Law Specialization
November 15, 2022
Ward and Smith attorneys Grant Osborne and Will Oden, who have more than 50 years of combined experience in the practice of Employment Law,…
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Boldly Go: A Day in the Life of Human Resources
November 11, 2022
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…
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Lawful Use of Cannabis in North Carolina’s Workplace
November 4, 2022
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…
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Ward and Smith Celebrated in 2023 Edition of Best Law Firms
November 3, 2022
Ward and Smith shines bright in the 2023 edition of “Best Law Firms.” U.S. News & World Report and Best Lawyers® released their annual rankings that recognize…
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No One Knows What It Means, But It’s Provocative: The USDOL’s Latest Independent Contractor Test
October 21, 2022
On October 13, 2022, the United States Department of Labor (“DOL”) published its proposed rule (the “Proposed Rule”) for determining whether a worker should…
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Media Mention: Salisbury Post Spotlights Avery Locklear’s Swearing In Ceremony
October 20, 2022
Avery Locklear was recently sworn in as an attorney in Rowan County. The event was highlighted in an article published by the Salisbury Post.…
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Ward and Smith Attorneys Named 2022 Benchmark Litigation Labor and Employment Stars
October 13, 2022
Ken Gray and Will Oden have been named ‘Labor & Employment Stars’ in the 2022 edition of Benchmark Litigation Labor & Employment. Ward and…
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Ward and Smith Welcomes Four New Attorneys
October 10, 2022
Ward and Smith is proud to welcome back four familiar faces. Alex Ferri, Dakota Lipscombe, Avery Locklear, and Zach Marks join the firm as…
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October Is National Disability Employment Awareness Month
October 7, 2022
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,…
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7 Ward and Smith Attorneys Named to 2023 Best Lawyers: Ones to Watch
September 12, 2022
Best Lawyers® has selected seven Ward and Smith attorneys for inclusion in the 2023 edition of Best Lawyers: Ones to Watch. This honor recognizes some…
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Labor Unions and “Protected Concerted Activity:” What Private Employers – Unionized or NOT – Need to Know in 2022
August 19, 2022
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,…
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Update to EEOC’s Position on Mandatory COVID testing
July 18, 2022
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…
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No Closure on Pay Disclosure: How Pay Transparency May Affect Your Company
July 14, 2022
Over the past two years, pay transparency laws have quickly spread and become a topic of state legislatures nationwide. As pay transparency laws continue…
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The Intersection of the Bipartisan Infrastructure Law and Davis-Bacon Act Requirements for Federal Contractors and Subcontractors
June 17, 2022
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…
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“On-Call” Time in Healthcare Settings: What Is It? When Do You Have To Pay for It? What if You Get It Wrong?
April 27, 2022
You may understandably think that everything about this subject has been resolved long ago. But you would be wrong if you do. The…
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Ward and Smith Releases Agenda for 2022 Employment Law Symposium
March 22, 2022
We have an exciting lineup of sessions for the 2022 Employment Law Symposium. The Symposium will provide critical updates on employment law developments and…
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Ken Gray to Speak to Wayne County Human Resources Association Members
March 7, 2022
Labor and employment attorney Ken Gray will be a featured speaker at an upcoming Wayne County Human Resources Association (WCHRA) meeting. The event will take…
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Dust Off Your Template Employment Agreements
February 23, 2022
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…
Firm News
Ward and Smith’s 2022 Employment Law Symposium is Coming in Fast: Save the Date!
February 18, 2022
The dynamic and ever-changing landscape of employment laws is a reminder that we must always be ready to adapt! That’s why we’re excited to announce…
Firm News
Ken Gray to Moderate RTAC-ACC 2022 Biennial Institute Webinar Panel
February 14, 2022
Labor and employment attorney Ken Gray will moderate a panel during the 2022 Biennial Institute webinar on February 16. The one-day virtual event is hosted…
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HIPAA for Labor and Employment Attorneys: What you Need to Know
February 11, 2022
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…
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Getting Rid of the Misnomer: The Risks Behind the Term “1099 Employee”
February 2, 2022
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…
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Rapid Fire Legal Update on Tax Provisions, E-Discovery, Lobbying Issues, and ADA Compliance
January 26, 2022
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…
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Media Mention: Devon Williams Interviewed by Citizen Times on Mandatory Vaccines for Health Care Workers
January 25, 2022
The clock is ticking for some health care workers to get vaccinated. Medical facilities that receive Centers for Medicare and Medicaid Services funding must get…
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Inside Out: Employment Law LARP
January 21, 2022
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…
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Split Decision: SCOTUS Stays OSHA ETS, While Upholding CMS Vaccine Mandate
January 13, 2022
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…
Firm News
Ward and Smith Attorneys Named to 2022 Business North Carolina Legal Elite
January 4, 2022
Business North Carolina has selected several Ward and Smith attorneys for inclusion in its 2022 Legal Elite edition. The annual publication lists the state’s top lawyers…
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Déjà Vu: Sixth Circuit Court of Appeals Dissolves Stay of OSHA COVID-19 “Emergency Temporary Standard” for Large Employers
December 20, 2021
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…
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Construction Conversations around the Licensing Board, Liens, and the Supply Chain
December 8, 2021
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…
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Healthcare Highlights: Cyber-Security, Licensing Board Issues, and Employer COVID-19 Regulations
December 3, 2021
Recently, several Ward and Smith attorneys held a Health Care Breakfast and Learn to provide insights on the healthcare industry relevant to their…
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Once More, with Feeling: Fifth Circuit Re-Affirms Stay of ETS and Then Loses Jurisdiction of the Case
November 16, 2021
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…
Firm News
Media Mention: Ken Gray and Grant Osborne Featured in NCRLA’s Official Newsletter
November 11, 2021
The North Carolina Restaurant and Lodging Association (“NCRLA”) spotlighted an article written by attorneys Ken Gray and Grant Osborne in its In the Mix newsletter.…
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U.S. Court of Appeals Puts Brakes on OSHA COVID-19 “Emergency Temporary Standard”
November 8, 2021
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…
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OSHA Issues Long-Awaited COVID-19 “Emergency Temporary Standard”
November 5, 2021
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…
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Do a Double Take: Unraveling OSHA’s New Emergency Temporary Standard
October 29, 2021
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…
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Knock Your Socks Off: A Conversation with EEOC Leaders
October 22, 2021
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,…
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Government Relations and Employment for the NC Construction Industry
October 20, 2021
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…
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To North Carolina Governmental Employers: Heads-Up – “Unreasonable Employee Discipline” Can Now Get You Sued
October 13, 2021
No good deed goes unpunished. Little did City of Durham Police Sergeant Michael Mole’ know, in his first crack at negotiating on his own…
Firm News
Media Mention: Ken Gray Talks Vaccination Mandates with WRAL TechWire
October 8, 2021
Tech giants like IBM and Red Hat are now mandating vaccinations for employees, and many more Triangle companies are likely to follow, according to…
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Busy as a Bee: LARPing a day in the life of HR
October 6, 2021
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…
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Show Me The Money! Wage and Hour Requirements Applied to COVID-19 Testing Time
September 29, 2021
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.…
Firm News
X. Lightfoot Moderates Diversity Panels for NCSHRM
September 27, 2021
Labor and employment attorney X. Lightfoot is moderating a series of diversity, equality, and inclusion (DEI) panels for the North Carolina Society for Human…
Firm News
Ward and Smith and 3 Attorneys Recognized by Benchmark Litigation Labor & Employment 2021
September 23, 2021
Benchmark Litigation has recognized Ward and Smith and three attorneys in its 2021 Labor & Employment edition. The publication selected Ken Gray, Will Oden, and…
Firm News
Register for Our 2021 Fall Employment Law Update Webinar
September 20, 2021
With the constant changes in employment law, it can be easy for employers to fall behind on the latest rules and regulations affecting their…
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Biden Administration To Require COVID-19 Vaccinations for Large Employers
September 10, 2021
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…
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How OSHA’s Revised COVID-19 Guidance Affects Agriculture and Food Processing Employers
September 3, 2021
In an effort to reflect recent updates provided by the Centers for Disease Control and Prevention (“CDC”), the Occupational Safety and Health Administration (“OSHA”)…
Firm News
Ward and Smith Launches a New Service for Individuals with Questions about COVID Vaccine Mandates
August 24, 2021
“Can my employer enforce a vaccination mandate?” It’s a prolific question that’s been around since COVID-19 vaccines became widely available. Now, with the FDA’s…
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“Emergency Use” No More: FDA Approves First COVID-19 Vaccine
August 23, 2021
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…
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How the Law Is Grappling With Free Expression, COVID-19, Diversity, and More
August 11, 2021
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…
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Back Into the Woods: NC Order Mandates Measures for State Employees and Encourages Businesses to Take Similar Actions
July 30, 2021
On July 29, 2021, Governor Roy Cooper issued Executive Order No. 224 (the “Order”), which implements additional safety measures for workers at Cabinet agencies…
Firm News
Media Mention: Grant Osborne Featured in Business North Carolina
July 8, 2021
Employment attorney Grant Osborne addressed employer-mandated vaccines in the June issue of Business North Carolina. The article, “‘The JAB, or Your JOB’: Mandatory Vaccinations…
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“The JAB, or Your JOB”: Mandatory Vaccinations in the Private Workplace
June 23, 2021
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…
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One Year Later: Have Employers Taken Stock Following Bostock?
June 18, 2021
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,…
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The Carrot, Not the Stick: May Employers Legally Offer Employees Incentives To Get Vaccinated?
June 11, 2021
Last month, the Department of Health and Human Services – Centers for Disease Control and Prevention (“CDC”) updated its COVID-19 guidance for fully vaccinated…
Firm News
Save the Date: Human Resource Strategies and Employment Law: A Summer Series
June 11, 2021
Ahh, summer. The time for fun in the sun, toes in the sand, and a much-needed break. But there’s no such thing as a…
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The FFCRA Trap: Employers Must Consider Retaliation Even After the FFCRA
June 4, 2021
While the light at the end of the tunnel is visible, the darkness of the COVID-19 pandemic still looms over employers. Over the…
Firm News
X. Lightfoot Earns Diversity and Inclusion Certificate from Cornell University
June 3, 2021
Labor and employment attorney X. Lightfoot recently received Cornell University’s Diversity and Inclusion Certificate. He earned the certification after the completion of a months-long,…
Firm News
Brad Evans and Devon Williams Named to Business North Carolina’s Inaugural Power List
May 28, 2021
Business North Carolina has named Ward and Smith’s Co-Managing Directors Brad Evans and Devon Williams to its inaugural “Power List 2021.” According to the…
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A Soft Deadline for Hard Cash: American Rescue Plan Funds for North Carolina Municipalities
May 14, 2021
First, the good news: every municipality in North Carolina is eligible to receive a large cash infusion, up to 75% of its budget, from…
Firm News
Media Mention: Grant Osborne Discusses Employer Mandated Vaccinations on WSOC-TV
May 6, 2021
“Can employers require the COVID-19 vaccine?” It’s a popular question perplexing both employers and employees. Recently, WSOCT-TV turned to labor and employment attorney Grant Osborne to weigh…
Firm News
Media Mention: Grant Osborne Addresses the Gray Area Around Mandatory Vaccines with WBTV
April 22, 2021
Can your employer force you to get a vaccine? It’s a popular question WBTV in Charlotte asked our labor and employment attorney Grant Osborne to…
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Media Mention: Will Oden Discusses ‘Working with Vaccines’ with the Wilmington Business Journal
April 8, 2021
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…
Firm News
Media Mention: Grant Osborne Talks Mandatory COVID-19 Vaccines on ABC News 13
March 31, 2021
A new directive from the Buncombe County Clerk of Superior Court has sparked a new debate on whether employers can require employees to get the…
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Employers: Here’s Your “Quick Hitter Guide” for the American Rescue Plan Act’s Impact on COBRA and FFCRA
March 26, 2021
The American Rescue Plan Act of 2021 (ARPA), signed into law on March 11, 2021, includes a whole host of requirements and provisions impacting…
Firm News
Buzzworthy! Ward and Smith Releases 2021 Employment Law Symposium Agenda
March 25, 2021
Ward and Smith has released the agenda for its 2021 Employment Law Symposium on May 7. The half-day virtual event features a trio of sessions…
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So Much for “9 to 5”: Employers’ Consideration of Employees’ and Applicants’ Conduct Outside of Work
March 12, 2021
“And the sign said, ‘Long-haired freaky people … need not apply.'” – Signs, Five Man Electrical Band, Good-byes and Butterflies (1970) Arbitrary judgments are…
Firm News
What’s the Buzz? Pre-register for Our 2021 Virtual Employment Law Symposium
March 9, 2021
Get the buzz on the latest employment law issues at our 2021 Virtual Employment Law Symposium. The online event on May 7 is geared…
Firm News
Media Mention: Ward and Smith’s Ken Gray Discusses Mandatory Vaccinations on WCTI /ABC NewsChannel 12
February 24, 2021
The new COVID-19 vaccines have many company owners and employees perplexed. Does an employer have a right to ask employees to be vaccinated to…
Firm News
Register for our Labor and Employment Webinar
February 2, 2021
What changes can employers expect in 2021? Join our Employment Law team on February 24, from 10:00 a.m. to 12:00 p.m. for an in-depth discussion on…
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Year in Review: New Leadership at Ward and Smith
January 7, 2021
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…
Firm News
13 Ward and Smith Attorneys Listed in Business North Carolina’s 2021 “Legal Elite”
January 6, 2021
Business North Carolina has recognized 13 Ward and Smith attorneys as 2021 “Legal Elites.” Of the thousands of lawyers practicing across the state, only…
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COVID-19 Paid Leave in 2021: The Impact of New Federal Relief Bill on Employers
January 5, 2021
“The future ain’t what it used to be.” – Yogi Berra Governing can be a fickle affair. The Families First Coronavirus Response Act of…
Firm News
Grant Osborne Recognized as a 2020 “Go To Thought Leader” by the National Law Review
December 23, 2020
The National Law Review (NLR) recognizes labor and employment attorney Grant Osborne as a 2020 “Go To Thought Leader.” It’s an honor reserved for less than…
Firm News
Media Mention: NASBP’s Blog Features Article by Bill Durr
December 21, 2020
The National Association of Surety Bond Producers (NASBP) is sharing insights from Ward and Smith’s 2020 Construction Conference with its members. The organization recently…
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COVID-19 and the Construction Industry: Must Know Information for Executives
December 2, 2020
During Ward and Smith’s recent virtual “Construction Conference,” six of my partners and I covered a range of emerging legal issues — most related…
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How to Maintain a Positive Company Culture During COVID-19
November 20, 2020
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,…
Firm News
3 Ward and Smith Attorneys Recognized as “Labor and Employment Stars”
November 19, 2020
For the third consecutive year, Benchmark Litigation has named three Ward and Smith attorneys to its prestigious Labor and Employment annual guide. Ken Gray, Will…
Firm News
Media Mention: Grant Osborne Discusses Free Speech at Work on the “Legal Talk Today” Podcast
November 17, 2020
How much free speech do you have in the workplace? Labor and employment attorney Grant Osborne addressed this question on a recent episode of the “Legal…
Firm News
Ward and Smith Welcomes Three New Attorneys
November 16, 2020
Ward and Smith is thrilled to welcome three familiar faces. Payton Collier, Justin Hill, and Madeline Lipe joined the firm’s Raleigh office. The attorneys…
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We’ll See How “Temporary”: U.S. Department of Labor Issues New Temporary Rule Interpreting Families First Coronavirus Response Act of 2020
November 4, 2020
“Nothing is so permanent as a temporary government program.” – Milton Friedman The federal “Families First Coronavirus Response Act of 2020” (“FFCRA” or the “Act”)…
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Ward and Smith Recognized in 2021 Benchmark Litigation
October 27, 2020
Ward and Smith is thrilled to announce that the firm has been ranked in the 2021 edition of Benchmark Litigation, the definitive guide to the…
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Political Speech in the Workplace (And What – If Anything – To Do About It)
October 21, 2020
Politics could hardly be more conspicuous these days. A monumental presidential election looms on the horizon, and it seems that everyone has an opinion.…
Firm News
Register Now for Our Virtual Health Care Breakfast and Learn on October 27
October 7, 2020
The COVID-19 pandemic has reshaped many industries. The health care industry is no exception. We want to help physicians and health care providers navigate…
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Labor Union Plants a Big Flag in Western North Carolina
September 23, 2020
“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…
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“Don’t Tread on Me”: Customers’ Religious Objections to Mandated Use of Face Masks in the Era of COVID-19
September 3, 2020
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…
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COVID-19 Update: Reopening Your Business, House Bill 118, and Executive Order 163
September 2, 2020
In a series of Executive Orders, the most recent of which is Executive Order 163 dated September 1, 2020, Governor Roy Cooper implemented a…
Firm News
Media Mention: Grant Osborne Answers, “Is a Religious Exemption Card for Masks Legal?”
August 25, 2020
A religious exemption card has become the latest defense against wearing a mask in public. But does it work? News 13 in Asheville recently…
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Panelists Talk Diversity and Inclusion From Personal and Professional Perspectives
August 19, 2020
Two panelists and an employment attorney delved deep into some of the tricky issues that companies can face as they seek to strengthen their…
Firm News
Media Mention: X. Lightfoot and Devon Williams Featured in Business North Carolina
August 18, 2020
The August issue of Business North Carolina has valuable information for employers from labor and employment attorneys X. Lightfoot and Devon Williams. They wrote an…
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For Employers: Understanding the Supreme Court’s Title VII Ruling
August 12, 2020
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…
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Back to School: What School Reopening Plans Mean for Employers
July 24, 2020
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…
Firm News
Hayley Wells Joins Asheville Brewers Alliance’s COVID-19 Legal Roundtable as a Panelist
July 21, 2020
Attorney Hayley Wells will be a panelist for a virtual COVID-19 Legal Roundtable, hosted by the Asheville Brewers Alliance (“ABA”). The virtual forum is…
Firm News
Media Mention: Business North Carolina Spotlights Devon Williams
July 16, 2020
Ward and Smith recently announced that labor and employment attorney Devon Williams was elected to lead the firm as a Co-Managing Director, starting in…
Firm News
Register Now for a Live Webinar on the Recent SCOTUS Ruling on LGBTQ+ Workplace Rights
June 30, 2020
Get the facts on how a recent Supreme Court decision that extends protection to gay and transgender workers will affect your company. Employers, business…
Firm News
Media Mention: Devon Williams Featured in the Triangle Business Journal’s “Executive Voice” Series
June 26, 2020
The Triangle Business Journal recently profiled Co-Managing Director-Elect Devon Williams as part of the publication’s Executive Voice series. The article details Devon’s “thirst for competition,” her…
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Liability Waivers and Questionnaires in the Time of COVID-19
June 17, 2020
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…
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An Employee Cannot be Fired, or Otherwise Discriminated Against, for Being Gay or Transgender
June 15, 2020
Today, the Supreme Court of the United States (“SCOTUS”) decided in Bostock v. Clayton County, Georgia that the protections of Title VII of the…
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Returning to Work in a Pandemic: What Employers Need to Know
May 21, 2020
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.…
Firm News
Media Mention: Grant Osborne Discusses Employment Issues with “Architect” Magazine
May 19, 2020
As the COVID-19 pandemic continues, many industries across different sectors are being forced to make some tough decisions to stay afloat. Architect magazine, the official…
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Employers Ask, “How Do I Get My Workers Back to the Workplace?”
May 8, 2020
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…
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Practical Considerations for Your “Return to Work” Plan
May 5, 2020
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. …
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Didn’t See That Coming: Unexpected Results of FFCRA Paid-Leave “Temporary” Regulations
April 22, 2020
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…
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Employer’s Recordkeeping Requirements For Leave Requests Under the FFCRA
April 16, 2020
On April 6, 2020, the United States Department of Labor (“DOL”) issued its Temporary Rule promulgating regulations to implement the leave entitlements authorized by…
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The New Normal – Teleworking Challenges and Solutions
April 7, 2020
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…
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New COVID-19 Guidance for Public Sector Employers
April 3, 2020
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…
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Employer’s Alert: Third Round of Informal Guidance and FAQs on the FFCRA Issued
March 31, 2020
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…
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FFCRA Health Care Providers Exemption: New Guidance Published
March 31, 2020
We previously posted that the “health care provider” exemption from the obligation to provide “paid sick time” and paid “public health emergency leave” under…
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North Carolina’s Stay-At-Home Order: What Do You Need to Know?
March 27, 2020
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,…
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COVID-19 Update for Employers: New Key Guidance
March 27, 2020
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…
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Enhanced Unemployment Assistance Under the CARES Act
March 27, 2020
As the pandemic rages on, the number of North Carolina workers applying for unemployment benefits is staggering. Between March 16, 2020 and the end…
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Employers Required to Post Employee Rights Notice Under Families First Coronavirus Response Act
March 26, 2020
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…
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Are Health Care Providers Exempt from the FFCRA Paid Leave Requirements?
March 26, 2020
And who is a “health care provider?” These are questions we have grappled with since the Families First Coronavirus Relief Act (“FFCRA”) was enacted…
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Alert: Congressional Leaders Strike Deal to Bring Financial Help to the Nation, Details Unknown and the Deal Is Not Yet Law
March 25, 2020
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…
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Contagion II: MORE Practical Advice for NC Employers Wrestling with COVID-19
March 20, 2020
We wrote just four days ago that the world seems to have shifted beneath our feet – to have become alien and dangerous. That,…
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The ABC Laws, They Are a Changing
March 20, 2020
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…
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“Hold On, Help Is on the Way:” U.S. Senate Passes Second COVID-19 Relief Bill
March 19, 2020
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…
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What the EEOC Wants You to Know About the ADA, the Rehabilitation Act, and COVID-19
March 19, 2020
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…
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Gov. Roy Cooper Orders Restaurants and Bars to Close Dine-In Service, Announces New Help for Unemployed
March 17, 2020
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…
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Contagion: Practical Advice for NC Employers in the Face of Coronavirus Disease
March 16, 2020
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…
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Thanks for the Tip: U.S. DOL’s Proposed Rule and Potential Enhanced Availability of “Tip Pools”
February 28, 2020
The Fair Labor Standards Act of 1938 (“FLSA”), for decades, has permitted employers to pay some workers a lower minimum hourly wage than would…
Firm News
Registration is Now Open for Ward and Smith’s 2020 Employment Law Symposium
February 27, 2020
We’re roaring into the new 20s with deep-dive into 21st century workplace challenges. The first “Roaring 20s” were the age of dramatic social and…
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In-House Counsel Seminar Insights: Group Exercise Highlights Tricky Employment Law Issues
February 7, 2020
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…
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U.S. Department of Labor Issues Final Rule on Joint Employment
January 14, 2020
On January 12, 2020, the United States Department of Labor (“USDOL”) Wage and Hour Division announced a final rule regarding joint employment under the…
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Tearing Up the Litmus Test: Potential Problems with Testing Employees for Marijuana Use
January 3, 2020
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…
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EEOC Representative Provides Perspective on Sexual Harassment and Discrimination
December 6, 2019
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…
Firm News
Benchmark Litigation Recognizes Three Ward and Smith Attorneys as “Labor & Employment Stars”
November 4, 2019
Benchmark Litigation has once again selected three Ward and Smith attorneys for inclusion in its annual Labor & Employment guide. The publication named Ken Gray,…
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Reminder to North Carolina Employers: Take Time to Thoughtfully Craft Your Restrictive Covenants!
October 18, 2019
A recent decision of the North Carolina Court of Appeals serves as an important reminder to avoid the temptation to overreach when seeking to…
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Can an Employee be Fired for Being Gay or Transgender?
October 10, 2019
HR Professionals will soon know the answer to this question. The United States Supreme Court is preparing to settle a contentious debate on employee…
Firm News
Media Mention: Emily Massey’s Article Featured in HR Professionals Magazine
September 10, 2019
Business owners and employees often have labor and employment questions. While situations and factors differ from business to business and employee to employee, there are…
Firm News
Register Now! Ward and Smith’s Labor and Employment Breakfast and Learn Series
September 9, 2019
Registration is now open for Ward and Smith’s 2019 Breakfast and Learn Series. The program will be held every Wednesday throughout October in one…
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Attorneys Provide Updates on Rapidly Changing Aspects of Employment Law
August 16, 2019
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…
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NC Attorney General Talks Opioid Epidemic at Employment Law Symposium
July 31, 2019
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…
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Live Action Role Playing — A Day in the Life of HR
May 31, 2019
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…
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From Facebook to FMLA to Furry Friends—Frequently Asked Questions in Employment Law
May 3, 2019
The questions we receive as labor and employment attorneys vary based on many factors such as organizational changes a business is experiencing, new laws…
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Construction Conference Insights: How to Lower Legal Risk
March 27, 2019
Three Ward and Smith attorneys provided detailed advice on how firms in the construction industry can lower their legal risk in the opening panel…
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Pray for a Good Harvest, but Keep at Your Plow – And Know Enough Employment Law to Stay Out of the Ditch
March 15, 2019
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…
Firm News
Bill Durr, Zac Lamb, and Devon Williams to Speak at the 2019 “Business of Farming Conference”
February 18, 2019
Farming is a lifestyle, but it’s also a business. And this Saturday, February 23 farmers can learn to grow their business at the 2019…
Firm News
Preregister for Ward and Smith’s 2019 Employment Law Symposium
February 7, 2019
Are you drowning in HR issues? Let us be your lifeline! Preregister now for our 2019 Employment Law Symposium on Friday, May 3 at…
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In-House-Counsel Seminar Insights: Ethics and Professional Responsibility in the #MeToo Era
February 4, 2019
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…
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“We’ll Just Kick Him Out!” Member Discipline and Expulsion in Private Clubs
January 16, 2019
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…
Firm News
Will Oden to Speak at 2019 Attorney Panel
January 14, 2019
Labor and employment attorney Will Oden will be a featured guest at the 2019 Attorney Panel in Wilmington. Hailed as one of the most…
Firm News
Media Mention: Will Oden’s Insightful Discussion For Human Resource Professionals
December 13, 2018
One of the keys to success when running a business is having the right people in the right positions. That’s why having a strong…
article
The Affordable Care Act: What’s New in 2018/2019?
December 12, 2018
Over the past several years, there has been much speculation surrounding the Patient Protection and Affordable Care Act (the “ACA”), including whether it would…
Firm News
Now Playing ‘Works for Me’ Episode 3: Unlawful Employee Terminations
December 10, 2018
“When it comes to employment, consistency is a virtue.” – Grant OsborneLabor and Employment Attorney In the third episode of “Works for Me,” Ward…
Firm News
Will Oden to Speak at Freedom Lawns Owners Meeting
December 3, 2018
Wilmington attorney Will Oden will address the ever-changing landscape of labor and employment laws during this year’s Freedom Lawns Owners Meeting. The event will…
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How To Avoid Becoming A #MeToo Statistic In 2019
November 30, 2018
A new lawsuit for sexual harassment is filed almost on a daily basis somewhere in the United States. Most of these lawsuits could have…
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Employer Survival Toolkit for Natural Disasters and Inclement Weather
October 26, 2018
One month after North and South Carolina experienced the devastating effects of Hurricane Florence, many people and businesses are still suffering from the aftermath.…
Firm News
Emily Massey Invited to Speak to ECU Dental Students
October 22, 2018
Class is in session for labor and employment Emily Massey. She will speak to a group of dental students on East Carolina University’s campus on Tuesday,…
Firm News
Now Playing: Episode 2 of the ‘Works for Me’ Podcast
October 16, 2018
What’s the difference between independent contractors and employees? Labor and employment attorneys Will Oden and Grant Osborne, alongside Nina Pirrottie of Garrison, Levin-Epstein, Fitzgerald, &…
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Oden’s “Top 4” Issues for Employers for 2018 (So Far)
October 12, 2018
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.…
Firm News
Three Attorneys Named “Labor and Employment Stars”
October 2, 2018
Benchmark Litigation, the prestigious guide to litigation firms and attorneys, has selected three Ward and Smith attorneys for its first-ever Labor and Employment guide. This…
Firm News
Will Oden and Grant Osborne Launch New Labor & Employment Podcast
September 4, 2018
Now you can get your labor and employment news while on the go! The North Carolina Bar Association’s Labor and Employment Law Section recently…
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Ward and Smith’s 2018 Employment Law Symposium: Real-Life Lessons in Diversity in the Workplace
August 17, 2018
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…
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Key 2018 Legal Updates for Employers: Report from Ward and Smith’s 2018 Employment Law Symposium
July 27, 2018
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…
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Family Affair: Potential Problems with Family-Owned Businesses
July 18, 2018
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…
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Employment Law Symposium: Preventing and Dealing with Workplace Harassment
July 11, 2018
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. …
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Employment Law Symposium Insights: Dealing with Workplace Discrimination
June 13, 2018
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.…
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Public University Required to Disclose Sexual Assault Disciplinary Records
June 8, 2018
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…
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Play by the Rules, Especially if They Are Your Rules: NC Supreme Court Creates New Constitutional Claim for Governmental Employees
May 11, 2018
“We hold it to be self-evident that all persons … are endowed by their Creator with certain inalienable rights; that among these are life,…
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“ITIN Contractors” – What North Carolina Construction Companies Need to Know to Minimize Risk
April 11, 2018
As explained in an earlier article, the North Carolina Department of Revenue (the “NCDOR”) has aggressively audited North Carolina construction companies on the issue…
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Protecting Important Assets of your Growing Business: The Value of Non-Compete Agreements and Trade Secret Protection
March 21, 2018
You have a great idea for a product or service and dream of putting that idea to work by starting a business. Once your…
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Social Hosts Beware: “One More for the Road?” May Be a Bad Idea
December 6, 2017
Everyone was having such a good time, too . . . The company was hosting its annual holiday party. The company had arranged to…
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The EEOC on Pregnancy, Reasonable Accommodation, and Religion
November 20, 2017
Recent Views from the EEOC Charlotte District Office Thomas M. Colclough, Deputy District Director of the Equal Employment Opportunity Commission (EEOC) Charlotte District, spoke…
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Truth and Consequences: Title VII’s Opposition Clause and Employer’s Reasonable Belief
September 29, 2017
This summer, the United States Court of Appeals for the Fourth Circuit, which hears appeals from North Carolina federal courts, issued an opinion that…
article
“Stick A Fork in It!” Updated Overtime Rules Are DOA . . . For Now
September 8, 2017
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…
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Here Today, Gone Tomorrow: the Allures and Legal Considerations of Pop-Up Shops
April 11, 2017
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…
article
How to Survive a North Carolina Department of Labor OSH Investigation
March 14, 2017
Introduction Your business may be subject to an investigation by the North Carolina Department of Labor, Occupational Safety and Health Division (“OSH”) at any…
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The Blind Side: EEOC’s “Proposed Enforcement Guidance on Harassment”
February 1, 2017
“The more laws, the more offenders.” — Thomas Fuller Background On January 10, 2017, the United States Equal Employment Opportunity Commission (the “EEOC”) did…
article
Rejoice: The Return of Premium-Reimbursement Plans for Small Employers
December 12, 2016
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…
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Pretty Fast for Government Work: United States Department of Labor Files Notice of Appeal of Order Enjoining Enforcement of “Final” Overtime Rule
December 7, 2016
On November 22, 2016, the United States District Court for the Eastern District of Texas granted a momentous preliminary injunction stopping the United States…
article
Having Election News Withdrawal?
December 5, 2016
Supreme Court Decides Case on Protected Political Activity in Public Employment Some of us may have had enough of all things election by now. …
article
Not So Fast: Texas Judge Stops Department of Labor From Implementing New Overtime Rules on December 1st
November 22, 2016
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…
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Lessons From the EEOC’s General Counsel’s Retrospective: Top Ten Litigation Developments and the Effective Employer’s Response
November 8, 2016
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…
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Treating with the Enemy: Civil Collaborative Practice
August 30, 2016
If you feel sure you have been cheated by a business partner, an employee, or a contractor, your first instinct may be to file…
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Losing Control: The USDOL’s Latest Independent Contractor Test
May 24, 2016
The use and misuse of independent contractor status has been one of the most talked about issues facing businesses over the past decade. Major…
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Did You Tell Them? Employers’ Notice Obligations Regarding Whistleblowers Under the Federal Defend Trade Secrets Act
May 19, 2016
The federal Defend Trade Secrets Act (“DTSA”), an amendment to the Theft of Trade Secrets Act, became effective May 12, 2016. The DTSA provides…
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At Long Last: The Department of Labor Issues Final Salary Threshold Rule Effective December 1, 2016
May 18, 2016
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…
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E-Verify Changes Expected for North Carolina
October 27, 2015
In the final days of the 2015 legislative session, the North Carolina General Assembly passed the Protect North Carolina Workers Act (“Act”). The Act…
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“Spoiler Alert”: Amended Federal Rule 37(e) Addresses Standards and Sanctions for the Spoliation of Electronically Stored Information
October 13, 2015
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…
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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
August 17, 2015
The Department of Labor has proposed rules to dramatically limit the ability of employers to classify “white collar” employees as exempt from overtime pay…
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Unpaid Interns: Does The Law Actually Require That They Be Paid For Their Work?
July 21, 2015
Do you have students and recent graduates eager to learn about your company and industry just to get a leg up for future employment…
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Perhaps Mimeographs and IBM Selectrics® Weren’t So Bad: Employee Entitlement to Use Employer Email Systems to Engage in Protected Concerted Activity
April 30, 2015
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…
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“I’m from the Government and Here to Help”: The NLRB’s New EXPEDITED Union “Representation Case Procedures”
April 21, 2015
Union membership in the private sector, nationwide and in states like North Carolina, is hardly flying off the shelf. It now appears that the…
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The United States Department Of Labor Revises FMLA’s Definition Of “Spouse” To Include Same-Sex Marriages: What Does Your Company Have To Do By March 27, 2015 To Comply?
March 13, 2015
On February 25, 2015, the United States Department of Labor (“DOL”) published a Final Rule (“Final Rule”) that modified the definition of “spouse” under…
article
2015 ACA Forecast: Employers Beware Of ACA Traps, Pitfalls, And Uncertainties
December 23, 2014
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…
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Fair Labor Standards Act: Narrow Exceptions For Volunteers And Interns
December 18, 2014
How do you react to dedicated employees who love their work so much that they offer to perform extra work “off the clock”? Or,…
article
ACA Alert: Be Wary Of “Skinny” Health Insurance Plans For 2015
November 21, 2014
So-called “skinny” or “bare bones” employer health plans generally do not provide coverage to employees for in-patient hospitalization services or physician services (or both). …
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Recent Newspaper Series Brings Bad Publicity to North Carolina’s Construction Industry: But, Construction Companies – Here’s the Real Story
September 16, 2014
On Thursday, September 4, 2014, the Raleigh News and Observer and the Charlotte Observer published their “Contract to Cheat” series online, with corresponding articles…
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Does Your Property Owners Association Need Workers’ Compensation Insurance? Yes!
September 16, 2014
Background The North Carolina Workers’ Compensation Act (“Act”) requires all employers with three or more employees to carry workers’ compensation insurance. The purpose of…
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SPECIAL BULLETIN: So I Hired A Felon: An Update On The Law Of Negligent Hiring
August 19, 2014
We might call it a Scud theory of recovery. Like the notoriously inaccurate Soviet missile, negligent hiring is a hit, but mostly a miss,…
article
Restrictions on Employees’ Post-Employment Work in North Carolina: The Balancing of Interests
June 25, 2014
The use of “covenants not to compete,” or “non-compete agreements,” which limit former employees from working for a competitor are gaining in popularity and…
article
Affordable Care Act Update: Are You Eligible For A Grace Period Until January 1, 2016?
April 11, 2014
On February 12, 2014, the U.S. Department of the Treasury issued final regulations (“Final Rules”) for the Shared Responsibility for Employers Regarding Health Coverage…
article
Freedom Of Speech On Facebook®
November 19, 2013
A recent decision by the United States Court of Appeals for the Fourth Circuit holds that when a public employee clicks “Like” on a…
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CAUTION! CONSTRUCTION ZONE: A Piece-Rate Compensation System Can Be An Effective Tool For Construction Businesses, But What About Overtime?
October 21, 2013
If your business involves construction, then you may be familiar with the concept of piece‑rate compensation. Under this system, employees are paid based on…
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But I’m Not The Employer! Personal Liability of Officers, Managers, Supervisors, and Shareholders Under Wage and Hour Laws
August 29, 2013
Self‑employment is an important source of jobs in the United States, but the vast majority of American workers are employed by businesses owned or…
article
Employers Beware! Don’t Let A Fair Credit Reporting Act Claim Sneak Up On You
January 8, 2013
When you think of the Fair Credit Reporting Act (“FCRA”), you likely do not instinctively picture an employer being hauled into court facing both…
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Age Discrimination Update – Part 2
September 5, 2012
In the Spring edition of Legal Currents, we published an article entitled “Age Discrimination Update – Part 1.” It discussed recent labor statistics, commonly…
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Criminal Background Information In Employment: It’s Not What You Learn, But How You Use It
July 5, 2012
The Problem Job applications frequently include questions such as: “Have you ever been arrested?” “Have you ever been charged with a crime?” “Other than…
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Age Discrimination Update – Part 1
May 4, 2012
Age: A Fact of Life Consider the average time a job is held in the United States; one source tells us slightly less than…
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The Limited Availability to Employers of Additional Claims for Relief in Noncompetition Disputes
April 11, 2012
The North Carolina Business Court has recently issued an opinion suggesting that, in most cases, an employer’s claim for breach of a former employee’s…
article
Rehab: It’s Not Just for Celebrities Anymore
August 1, 2011
Shows such as Celebrity Rehab with Dr. Drew have captivated American television audiences for some time. While this guilty pleasure certainly evokes sympathy and…
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Employers Must Act Now to Comply With May 24, 2011, EEOC Disablity Regulations
June 29, 2011
On September 25, 2008, President George W. Bush signed the ADA Amendments Act of 2008 (“ADAAA”) into law. Congress’s stated intent for passing the…
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Employers: Watch Out for “Gina”
February 14, 2011
The Genetic Information Nondiscrimination Act (“GINA”) is still unfamiliar to many employers, despite the fact that Congress enacted it in 2008. That soon will…
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Craft Brewers Beware: How to Keep Your IPA From Going MIA
January 1, 2011
Special Bulletin It must seem to most beer enthusiasts that the owner or operator of a craft brewery is living the dream. As a…
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A Flower by Any Other Name…Pay Discrimination Claims After Lilly Ledbetter and Other Thorny Flowers That May Be on the Way
December 19, 2010
On January 29, 2009, President Barack Obama chose the Lilly Ledbetter Fair Pay Act of 2009 (“Ledbetter”) as the first piece of legislation to…
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Employers Watch Out! There are “New Sheriffs in Town”
March 6, 2010
The election of President Obama signaled a potentially significant shift in both the protections afforded to American workers and the way the United States…
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Privacy as we Know it Just Died, and the Internet Killed It
August 7, 2009
Millions of people know him as the “Star Wars Kid.” However, his notoriety is not for a Nobel Prize-winning scientific discovery, a spectacular sports…
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Private Eyes Are Watching You: The Legality of Employers’ Use of GPS Devices to Monitor Employees
April 9, 2009
As the old adage goes, time is money. As technology improves, it provides the opportunity for employees to perform their tasks in a quicker,…
