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Home > State Law Articles > North Carolina

Articles About North Carolina Labor And Employment Law.

North Carolina Business Court Addresses Consideration Requirement for Covenant Not to Compete

Posted: September 20, 2017 | Maynard Nexsen PC Category: North Carolina - Restrictive Covenants

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?

Posted: September 4, 2017 | Jackson Lewis Category: North Carolina - Wage & Hour

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

Posted: August 30, 2017 | Maynard Nexsen PC Category: North Carolina - General

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

Posted: July 19, 2017 | Maynard Nexsen PC Category: North Carolina - General

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

Posted: June 22, 2017 | Goldberg Segalla Category: North Carolina - General

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

Posted: April 5, 2017 | Littler Category: North Carolina - General

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?

Posted: March 17, 2017 | Goldberg Segalla Category: North Carolina - Workers' Compensation

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

Posted: February 9, 2017 | Maynard Nexsen PC Category: North Carolina - Unemployment Compensation

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

Posted: January 24, 2017 | Maynard Nexsen PC Category: North Carolina - General

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

Posted: July 4, 2016 | Maynard Nexsen PC Category: North Carolina - General

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

Posted: March 31, 2016 | Jackson Lewis Category: North Carolina - General

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?

Posted: March 29, 2016 | Littler Category: North Carolina - General

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

Posted: January 4, 2016 | Jackson Lewis Category: North Carolina - General

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

Posted: December 28, 2015 | Maynard Nexsen PC Category: North Carolina - General

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

Posted: October 15, 2015 | Jackson Lewis Category: North Carolina - General

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).

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