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.
Articles About North Carolina Labor And Employment Law.
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.
North Carolina Court of Appeals Directs Trial Court to Rewrite Non-Compete Agreement
Take everything you thought you knew about North Carolina’s “blue pencil” doctrine and scribble it out – well, at least as it pertains to non-compete agreements between parties to the sale of a business.
The Carolina Employer Summer 2014
The Carolina Employer Summer 2014.
The Carolina Employer Fall 2013
A bulletin on employment, labor, benefits and immigration law.
North Carolina Decision May Adversely Affect Enforceability of Non-Compete Agreements between Employers and Temps
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.
The Carolina Employer (Spring 2013)
A bulletin on employment, labor, benefits and immigration law.
North Carolina Enacts Comprehensive Reform of Unemployment Insurance System
On his second day as Governor of North Carolina, Pat McCrory signed into law a comprehensive reform of the state’s unemployment insurance system. The new law applies to new claims for unemployment benefits filed on or after July 1, 2013. One of House Bill 4’s stated purposes is to address North Carolina’s unemployment insurance debt — North Carolina’s unemployment insurance system currently owes more than $2.5 billion dollars to the federal government.
The Carolina Employer Fall 2012
A bulletin on employment, labor, benefits and immigration law.
North Carolina Governor Beverly Purdue Forms Task Force to Scrutinize Independent Contractor Misclassification
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.
The Carolina Employer Spring 2012
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 Signs Mandatory E-Verify Bill
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.
North Carolina Legislature Passes Mandatory E-Verify Bill
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.