Articles Discussing General Topics In North Carolina Labor & Employment Law.

As the year draws to a close, employer claims under the Computer Fraud and Abuse Act (“CFAA”) against departing employees for stealing or otherwise diverting employer information without authorization to do so are dying slow deaths in many federal courts across the nation.

For cases filed on or after Oct. 1, 2015, in North Carolina state courts, there are new changes to how the parties will approach expert disclosure and discovery.

A wrongful discharge claim under North Carolina law may not be based on federal public policy, including policy expressed in the federal Constitution, a federal district court has ruled. Santifort v. Guy, 4:14-cv-00225-F, DE # 34 (E.D. N.C. Sept. 8, 2015).

The protection of property, be it patient records, financial information, consumer data, merchandise, or intellectual property, is a serious issue for North Carolina companies of all sizes. Beginning on January 1, 2016, North Carolina employers will be able to recover monetary damages resulting from employees’ unauthorized access to and theft of their property.

A bulletin on employment, labor, benefits and immigration law.

A bulletin on employment, labor, benefits and immigration law.

The Carolina Employer Summer 2014.

A bulletin on employment, labor, benefits and immigration law.

A recent decision from a North Carolina Court of Appeals could affect the enforceability of employment agreements between staffing companies and temporary employees. In Phelps Staffing, LLC v. C. T. Phelps, Inc., 740 S.E.2d 923 (N.C. Ct. App. Apr. 16, 2013), the court found a staffing company’s non-compete agreement was unenforceable because (1) its customer restriction was not limited to the exact location where its temporary workers were placed, and (2) it applied to temporary employees who were terminated “for any reason whatsoever,” irrespective of whether the company decided to no longer provide staffing to a given client and terminated employment on that basis.

A bulletin on employment, labor, benefits and immigration law.

A bulletin on employment, labor, benefits and immigration law.

On August 22, 2012, Governor Beverly Perdue issued Executive Order 125 establishing a task force to address concerns that North Carolina employers are allegedly misclassifying employees as independent contractors to avoid obligations under federal and state laws, including laws governing wage and hour issues. According to the Order, the primary purposes of the “Task Force on Employee Misclassification” are “to enhance coordination and communication among various state agencies,” and “to identify effective mechanisms to combat unlawful practices like employee misclassification that harm workers.” The Task Force will be chaired by the Commissioner of Insurance and include heads of various state agencies, or their designees, and representatives of other entities with expertise on these issues, such as the Commissioner of Labor.

Legality of Criminal Background Checks in Hiring Process; Mandatory E-Verify in North Carolina; “Manifest Disregard for the Law” as Challenge to Arbitration Award; Jackson Lewis News; Educational Opportunities

North Carolina Governor Beverly Perdue has signed into law HB 36, requiring private employers with at least 25 employees and all counties and cities to use E-Verify to verify the work authorization of newly hired employees. E-Verify is an Internet-based system that allows employers to determine the work eligibility of employees by verifying employees’ information against federal databases.

The North Carolina Legislature has passed a bill that requires private employers with more than 25 employees, all counties, and all cities to use the federal E-Verify program to verify the work authorization of newly hired employees. The bill, HB 36, passed on Saturday, June 18, 2011, now goes to Governor Bev Perdue for signature.