Noble Notes is a Employment and Labor Law blog with useful information for employment and labor law practitioners, employees, and employers.

Timothy in office over shoulder

An Inside Look into Executive Equity Compensation, with Tim Ferguson

We sat down with our own Tim Ferguson at The Noble Law to discuss some of the strategies top-earning executives use to negotiate their equity-based compensation. Tim’s background includes negotiating equity compensation disputes, contracts, structuring debt and equity financing, advising on control disputes, as well as analyzing stock options in litigation dispute. He shared some insights into improving negotiated executive […]

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Executive Order

I applaud Governor McCrory’s executive order urging legislators to correct the part of HB2 that eliminated access to state courts for employees fired for discriminatory reasons. The Governor’s statement is reassuring to both employees and employers that this is a state that values equal employment opportunities in the workplace. I look forward to legislation by the General Assembly that ensures […]

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Noncompetes - TheNobleLaw

Ways That Federal Anti-Discriminations Differ From the State Law That was Available to North Carolinians Until the Passage of HB2

In response to some confusion about the impact of the HB2, we offer the following table to help illustrate some ways that the Federal anti-discrimination laws differ from the state law that was available to North Carolinians until the passage of HB2. Please see the previous blog at http://thenoblelaw.com/hb2-north-carolina-protects-employers-discriminate/ for more information about how the HB2 eliminates any state law protection […]

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HB 2 Eliminates Important Citizen’s Rights and Shields Discriminatory Employers from our State’s System of Justice

For almost thirty years, North Carolinians who have been fired because of their religion, race, color, national origin, age, sex, or disability have been able to bring claims in North Carolina state courts under the common law theory of wrongful discharge in violation of public policy (“WDPP”). The heart of this claim is our state’s anti-discrimination law, the North Carolina […]

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EEOC Files First Sexual Orientation Discrimination Lawsuits

Two recent suits filed by the EEOC demonstrate the growing strength of the legal theory that Title VII protection extends to sexual orientation (despite the fact that it is not explicitly stated in the statute). The Equal Employment Opportunity Commission (EEOC) filed discrimination lawsuits against two employers last week based on sexual orientation. One suit, filed against Pittsburgh-based Scott Medical […]

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Noncompetes - TheNobleLaw

Host Users of Temporary Employees Liable Under Title VII

This summer, the Fourth Circuit confirmed what many employers already believed to be true – that host users of temporary employees are more likely than not liable to temp workers for potential Title VII violations. In its decision, the appeals court propounded the appropriate test for determining whether an organization is a joint employer under Title VII. The court set […]

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Religious Accommodation, and the Workplace - The Noble Law

Kim Davis, Religious Accommodation, and the Workplace

It’s no secret by now that Kim Davis, the Rowan County, Kentucky Clerk has become well-known for refusing to issue marriage licenses pursuant to a federal court order. Belonging to the apostolic Christian faith, Ms. Davis claims that her faith forbids her from issuing a same-sex marriage license. While the discussion has centered around the duties of a public official […]

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Overtime Rule Changes - The Noble Law

Options to Prepare for Overtime Rule Changes

Now that the 60-day public comment period on the proposed overtime rule has ended, it seems ever more likely that the final rule will look much like the proposed rule. The Department of Labor, in rejecting requests for an extension of the comment period, seems to be in a rush to promulgate the new rule, which would take effect in […]

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Exempt employees and Non-exempt Employees - The Noble Law

Fourth Circuit: PIP Isn’t Basis for Title VII Claim  

In a recent unpublished decision, the Fourth Circuit ruled that merely being placed on a performance improvement plan (PIP) does not amount to actionable discrimination under Title VII. Employers commonly use PIPs to provide an opportunity for an employee to correct and improve his or her deficiencies in performance. Many employees believe that PIPs amount to discriminatory or retaliatory targeting […]

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Fourth Circuit Rejects the Manager Rule in Title VII Retaliation Case

This week, the U.S. Court of Appeals for the Fourth Circuit reversed a motion to dismiss in the case of DeMasters v. Carilion Clinic, reviving the Title VII retaliation claim of an employee assistance program consultant who was terminated. The EAP consultant, DeMasters, provided counseling to an employee that told DeMasters that he was being sexually harassed at work. After […]

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