Enacted in 1935, the National Labor Relations Act (NLRA) protects the rights of employees and employers. The NLRA encourages collective bargaining and aims to protect the welfare of workers and businesses from certain damaging employment practices. The NLRA is enforced by the National Relations Labor Board (NLRB). This federal agency protects employees and employers from unfair labor practices, including by investigating any complaints and charges related to unfair labor practices. The NLRB is made up of five members who are …
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Recently, there has been an abundance of discourse surrounding the topic of free speech under the First Amendment of the United States Constitution. Very few seem to understand, or remember, that the United States Constitution was written with the sole intent to protect private individuals from overreaching actions performed by the Government, whether federal, State, or local. Therefore, the Constitution only applies to Government actions against private individuals. In the employment context, this means a private employer can restrict the …
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Remote Work as a Reasonable Accommodation Under the ADA During the COVID-19 Pandemic When it comes to reasonable accommodations under the ADA during the COVID-19 pandemic, remote working may or may not qualify. On September 8, 2020, the Equal Employment Opportunity Commission, or the EEOC, stated that businesses are not required to automatically allow an employee to work remotely as a reasonable accommodation under the ADA. Whether remote working arrangements are reasonable accommodations is a fact-specific inquiry that should be …
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The provisions of the North Carolina Wage and Hour Act (NCWHA) set out an employer’s obligations to employee’s regarding their pay and other promised wages. The act regulates the state minimum wage, required overtime pay, payments of promised wages and other benefits, youth and employment, and required recordkeeping. Additionally, the act applies to all employers in the State of North Carolina. If an employer violates the provisions of the NCWHA, the employee may file a civil lawsuit to recover the …
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The North Carolina False Claims Act was passed in 2009 and allows an individual to file a lawsuit on behalf of the State of North Carolina in certain situations. Before the passage of the North Carolina False Claims Act, a similar law, the Medicaid False Claims Act, authorized the North Carolina Attorney General to pursue actions against those who committed Medicaid fraud. Although the Medicaid False Claims Act preceded the North Carolina False Claims Act, it is still in effect. …
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We invite you to attend The Noble Law’s Top 10 Things To Look For In A N.C. Physician’s Contract webinar. North Carolina employment attorney Katie Abernethy will outline the typical components of a physician’s contract, highlighting benefits they should advocate for and restrictions they should avoid. The webinar will be hosted via Teams Live on January 7, 2021 at 5:00 PM.  As an employment law firm local to the Research Triangle, The Noble Law is committed to leveling the …
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Earlier this month, drug manufacturers Pfizer and Moderna made medical history when they obtained FDA approvals for their vaccines designed to prevent COVID-19 infection. Science never stops, and there are many others currently in Phase 3 of clinical trials at this moment. With the speed at which the vaccines are being developed and the politics surrounding them, many people have questions about their safety and if their employer can require that they get vaccinated. When it comes to mandating COVID-19 …
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Alternative dispute resolution, or ADR, refers to several different methods for resolving disputes between parties out of court – including mediation and arbitration. These methods allow parties to reach a settlement while avoiding litigation, which is often time-consuming and costly. Alternative dispute resolution allows the disputing parties to discuss their grievances in the presence of a neutral third party and hear each other’s positions to arrive at solutions upon which they all agree. As court calendars continue to become overwhelmed, …
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In regard to employment laws, most states are considered “at-will” employment states. This means that either the employee or the employer may terminate an employee at any time and for any reason. However, regardless of a state being “at-will,” there are certain times in which the ending of an employment relationship by an employer will be considered “wrongful termination.” Wrongful termination occurs when an employee is unlawfully terminated, usually in breach of state or federal employment laws. The most common …
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Josh Kalish will challenge law firm administrators to re-think attorney productivity during seminar with ALA Charlotte.
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