North Carolina and South Carolina enforce their own workplace safety and health plans. As “state plan states,” they are required to adopt regulations that are at least as effective as those adopted by the federal Occupational Safety and Health Administration (OSHA).
Articles About North Carolina Labor And Employment Law.
Legislative Update April 16, 2021
The General Assembly returned to Raleigh this week following last week’s spring recess. The Senate bill filing deadline closed on April 6, resulting in a significant number of new bills. The House of Representative’s final filing deadline for non-budget-related bills is May 4, so we expect to see additional proposals filed between now and then.
North Carolina Court Upholds 10-Year Restrictive Covenant Between Employer and Former Employee
When one thinks of a “reasonable” temporal scope for a restrictive covenant between employer and employee, usually that period is measured in months or years, not decades. But as a recent North Carolina decision reminds us, context is everything, and a 10-year restriction can be enforceable in the right
Partial Setback for North Carolina’s Statute Governing Unionization of Farmworkers
The Carolinas are the least unionized states in the nation, according to the Bureau of Labor Statistics. Similarly, unionization of farmworkers in the Carolinas also is very low. Unlike other business segments governed by the National Labor Relations Act, however, the unionization of farmworkers is governed by state law. Recently, a Federal Court issued an interim ruling about a North Carolina law governing unionization of farmworkers.
Hillsborough County Safer-At-Home Order
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Order will go into effect at 10:00 p.m. on March 27, 2020, and will continue on a daily basis until it expires or is rescinded.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.
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
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.