On March 26, 2020, Hillsborough County issued an order directing citizens to stay at home as much as possible during the continued COVID-19 crisis. The Safer-At-Home Order will go into effect at 10:00 p.m. on March 27, 2020, and will continue on a daily basis until it expires or is rescinded. Currently, the Order does not state when it expires.
Articles About North Carolina Labor And Employment Law.
Mecklenburg County N.C. Issues Stay at Home Order
In response to the spread of COVID-19, Mecklenburg County, the City of Charlotte, and other municipalities in the county have issued a “stay at home” order that goes into effect on Thursday, March 26, 2020, at 8:00 a.m. The order will remain in force for three weeks and may be extended based on recommendations from public health officials.
North Carolina Court of Appeals Retains Pre-Reform Definition of Suitable Employment
Suitable employment is an issue frequently litigated in workers’ compensation claims in North Carolina. Typically, a job is offered and the claimant refuses the job on the basis that it is allegedly unsuitable. For decades, this issue has troubled employers because claimants could, with seeming impunity, refuse legitimate work and
North Carolina Governor Vetoes Sanctuary Jurisdiction Bill, Draws Ire from Trump
North Carolina Governor Roy Cooper (D) has joined the “sanctuary city” debate. He vetoed House Bill 370, “An Act to Require Compliance with Immigration Detainers and Administrative Warrants,” on August 21, 2019.
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.
North Carolina’s Opioid Epidemic and the Workers’ Compensation Response
Leann Gerlach, a North Carolina partner in Goldberg Segalla’s Workers’ Compensation Group, discusses North Carolina’s response to the opioid epidemic. Leann describes how the opioid epidemic has impacted the workers’ compensation system. She highlights the most significant aspects of North Carolina’s Opioid Task Force’s utilization rules which seek to reduce
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.
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.
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.
North Carolina Business Court Addresses Consideration Requirement for Covenant Not to Compete
September 20, 2017
Author:
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.
North Carolina’s New Employee Misclassification Law: What Will Be the Practical Effect?
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.
North Carolina Cracks Down on Employee Misclassification
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.
New NC Law Improves Protections of Farmers Against Unionization
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.
Post-Wilkes Decision Tips for Handling Workers’ Compensation Claims
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.
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