Jackson Lewis P.C. • January 10, 2018
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.
Nexsen Pruet • January 10, 2018
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.”
Ogletree Deakins • October 06, 2017
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.
Jackson Lewis P.C. • October 01, 2017
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.
Nexsen Pruet • September 20, 2017
September 20, 2017
Peter G. Pappas
In American Air Filter Co., Inc. v. Price, No. 16 CvS 13610, 2017 WL 2797794 (N.C. Super. Ct. June 26, 2017), the plaintiff’s former employee signed an employment agreement that renewed automatically each year. The agreement contained a non-compete covenant. The plaintiff alleged that its former employee received consideration for each renewing year in the form of base salary, commissions and bonuses. Significantly, however, the complaint did not allege that the former employee’s salary or bonus was increased in conjunction with the alleged annual renewals. Id., 2017 WL 2797794, at *2. Therefore, in deciding the plaintiff’s claim seeking to enforce the employment agreement’s covenant not to complete against the former employee, the Business Court concluded that there was no consideration to support the agreement at the time of the employee’s resignation in 2016 and therefore, it dismissed the claim. Id., 2017 WL 2797794, at *7-8.
Jackson Lewis P.C. • September 04, 2017
Effective December 31, 2017, the North Carolina Employee Fair Classification Act, signed into law on August 11th, creates the Employee Classification Section of the North Carolina Industrial Commission. This new Section will be authorized to receive and investigate reports by employees claiming to be misclassified as independent contractors, and to share information with other state agencies, including the Department of Labor, the Division of Employment Security, the Department of Revenue and the Industrial Commission.
Nexsen Pruet • August 30, 2017
Most employers are familiar with legal issues surrounding the classification of workers as employees or independent contractors. Until recently, these discussions centered primarily around the decision on how a worker should be classified. Based on recent legislation in North Carolina, however, that conversation is shifting to account for the greater potential fallout from worker misclassification.
XpertHR • August 15, 2017
North Carolina employers will soon operate under the watchful gaze of a new government subagency whose sole mission will be to combat employee misclassification.
Nexsen Pruet • July 19, 2017
On July 13, 2017, North Carolina helped farmers by improving statutory protections against unionization. Although farmworkers generally do not have a statutory right to unionize under N.C. or federal law, unions are using indirect tactics to force farmers to unionize, such as asserting economic pressure or filing federal lawsuits.
Goldberg Segalla LLP • June 22, 2017
Last week we wrote about the impact of the Wilkes v. City of Greenville decision. In this ruling, the North Carolina Supreme Court significantly expanded the “Parsons presumption,” which posits a relationship between an original work-related injury and additional treatments required.