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Are North Carolina Employers Required to Have a Written Safety and Health Program?

North Carolina law requires employers with a workers’ compensation experience rate modifier (“ERM”) of 1.5 or higher to “establish and carry out a safety and health program to reduce or eliminate hazards and to prevent injuries and illnesses to employees.” Not just any program, however, will comply with the statutory requirements.

Strict Privacy and Data Security Bill Introduced in North Carolina

Early last year, I posted about tougher, bi-partisan privacy and data security legislation in the works in North Carolina. North Carolina State Representative Jason Saine (R), Senior Appropriations Chair, teamed-up with North Carolina Attorney General Josh Stein (D) and issued a fact sheet outlining what the new legislation would include.

Appeals Court Upholds Claim Denial in Case of Man Killed Driving Company Truck Home

Using GPS tracking information, cell phone call data, and other evidence to show that a man killed in an accident while driving home from work in a company truck wasn’t within the "course and scope" of the employment when he was killed, Goldberg Segalla partner Gregory S. Horner successfully defended the man’s employer against a death claim brought by his widow.

Certificate of Relief: Reducing Employer Exposure for Hiring Employees with Certain Criminal Convictions

Recently, the North Carolina General Assembly enacted “An Act to Amend the Law Regarding a Certificate of Relief For Criminal Convictions” (the “Act”). The Act will become effective on December 1, 2018, and applies to petitions for relief filed on or after that date.

New North Carolina Law Decreases Protection to Employers

Since 2011, North Carolina has provided the opportunity for an individual who has been convicted of certain crimes to petition our courts for a “certificate of relief.” A new law that goes into effect on December 1, 2018, expands the availability of these certificates of relief while imposing some additional requirements on applicants.

Tougher Privacy and Data Security Protections Coming to North Carolina

A bi-partisan privacy and data security bill, which will significantly impact companies with North Carolina employees, is in the works. North Carolina State Representative Jason Saine (R), Appropriations Chairman of Information Technology, has joined with North Carolina Attorney General Josh Stein (D) to strengthen protections against identity theft in North Carolina. The unique pair are co-authoring a bill titled, “The Act to Strengthen Identity Theft Protections” (the “Bill”). Through the Bill, the authors desire to provide stronger protections, while at the same time avoid hampering innovation in the private sector.

North Carolina AG Proposes Stronger Breach Notification and Personal Information Safeguard Requirements

Citing to estimates in 2017 “more than 5.3 million North Carolinians were … affected by a data breach,” Attorney General Josh Stein and Rep. Jason Saine announced on January 8 proposed legislation aimed at protecting state residents from becoming victims of identity theft.

Legislators respond to recent sexual harassment scandals by introducing bills to ban arbitration in sex bias cases

Many employers rely on pre-dispute arbitration agreements, usually entered at the beginning of employment, to resolve disputes that may arise during employment. The objective is to address matters through binding and private arbitration rather than public litigation. Now a bipartisan coalition in Congress, including Sen. Lindsay Graham, R-S.C., and Rep. Walter Jones, R-N.C., is trying to make arbitration agreements unenforceable in any “sex discrimination dispute.”

North Carolina Confronts Misclassification: What Your Organization Needs to Know About the Employee Fair Classification Act

Starting December 31, 2017, the North Carolina Industrial Commission will have a permanent Employee Classification Section responsible for taking complaints about and facilitating the sharing of information among state and federal agencies regarding the misclassification of employees as independent contractors. The recently enacted Employee Fair Classification Act (EFCA) codifies provisions of an executive order signed in 2015 and, for the first time, requires employers to report their compliance in properly classifying employees with state occupational licensing boards and commissions.

NYC Issues Guidance on Upcoming Salary Inquiry Prohibitions

Effective October 31, 2017, New York City employers generally may not inquire about or rely upon a job applicant’s salary history in making employment decisions. The New York City Commission on Human Rights has released an Employer Fact Sheet and a Job Applicant Fact Sheet to assist employers and employees with understanding the law.