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.
Articles About North Carolina Labor And Employment Law.
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.
North Carolina Enacts Law Repealing “Bathroom” Bill But Limiting Local Anti-Discrimination Laws
Last week, North Carolina lawmakers repealed the state’s controversial House Bill 2 (“HB 2”), which had required individuals to use the public bathroom that corresponds with the sex on their birth certificate, along with several other provisions. The repeal bill has been called a compromise between the state’s Republican General Assembly and Democratic Governor Roy Cooper: it repeals HB 2 but, for the time being, maintains its restriction on cities and counties passing ordinances governing employment or public accommodation.
Does Pre-MMI Burden of Proving Disability Apply to Current Employees?
The North Carolina Court of Appeals has ruled, in an unpublished opinion, that an employee may meet the burden of proving disability simply by staying “employed” with the employer of injury.
The Basics of Unemployment Taxes
Nearly all private employers in the Carolinas are required to pay quarterly unemployment insurance (“UI”) taxes to the relevant state unemployment agency on behalf of their employees. Like other insurance and tax obligations, UI taxes can have a significant impact on employers’ bottom line, particularly if they are not aware of the factors impacting their tax rates.
New Year, New Resolutions: Reviewing, Updating and Even Eliminating Policies
For employers across the Carolinas, the New Year presents the ideal opportunity to review and update important company policies. In some instances, there may be policies that need to be eliminated altogether. This article highlights four important policies most employers should have – and one particular policy that employers should consider removing from company handbooks or manuals.
Unions Pressure Carolina Farmers
Carolina farmers must constantly deal with changing weather and markets. Add one more challenge: labor unions. Recently, labor unions have actively targeted certain agribusinesses in the Carolinas.
Carolina Employer Workplace News – Spring 2016
The North Carolina “Single-Sex Multiple Occupancy” Act (also known as “HB-2”) prevents cities and counties from passing their own anti-discrimination rules. It is attracting nationwide attention due to its adverse treatment of transgender persons in public accommodations, and it is being challenged in a lawsuit filed on March 28. The Act also amended the North Carolina Equal Employment Practices Act (NCEEPA), calling into question the viability of wrongful discharge in violation of public policy claims premised upon NCEEPA. Finally, the Act amended North Carolina’s wage and hour act. Read more…
What Does North Carolina’s New Public Facilities Law Mean for Employers?
Approximately one week before changes to Charlotte’s non-discrimination ordinances were to take effect, the State of North Carolina enacted a law that not only invalidates the amendments, but also has broader implications for all state discrimination claims.
North Carolina Employees are not “Authorized” to Divert Employer Data
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.
Changes to North Carolina’s Rule of Civil Procedure 26(b)(4) Regarding Experts
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.
North Carolina Wrongful Discharge Claims May Not be based on Federal Public Policy or Constitution, Federal Court Rules
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).
North Carolina Reinforces Property Protection Law, Giving Employers Right to Sue
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.
The Carolina Employer Spring 2015
A bulletin on employment, labor, benefits and immigration law.
The Carolina Employer Fall 2014
A bulletin on employment, labor, benefits and immigration law.