Author Archives: Megan Frederick
Federal Trade Commission Bans Non-Compete Agreements
On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule to ban non-compete clauses, citing concerns about how such clauses harm workers and stifle competition. A non-compete clause is a contractual term between an employer and employee that generally prohibits the employee from working for a competitor, or starting a competing business within a certain geographic area and period of time, after the worker’s employment ends. While non-compete clauses were generally thought to apply only to high-level, …
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Medicaid Whistleblower in Wake County, NC
Dan Haggerty: A lawsuit was filed today involving a WRAL investigation and a possible misuse of millions of dollars in Medicaid money. The whistleblower in this case is now suing for wrongful termination and defamation. WRAL investigator, Cullen Browder, is here with the details of the lawsuit, Cullen. Cullen Browder: So Dan, here is the lawsuit filed this morning in Wake County Superior Court seeking undisclosed damages. Rob Morehead was fired after he questioned tens of a million of dollars …
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Roe v. Wade: A Firm Management Perspective
Following the Supreme Court ruling on Dobbs v. Jackson Women’s Health Org., overturning Roe v. Wade, there have been a flurry of news reports on the impacts for those seeking reproductive care in States where abortion has been severely limited or criminalized. There have also been reports of employers providing new benefits to their employees to help ease the burden some States are placing on their citizens. If you are an upper-level manager in any business, you may be wondering …
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Changes to Disability Pay in South Carolina
The Fair Labor Standards Act (FLSA) establishes standards for employment, including compensation, such as minimum wage and overtime pay, and worker regulations, like youth employment and disabled workers. It applies to all employees in the private sector, and employees of federal, state, and local government. Disability Pay in South Carolina under the FLSA When it comes to compensating employees with disabilities, the FLSA includes a section that allows employers to request a special certificate which permits them to pay disabled …
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Workplace Discrimination in South Carolina
Facing a workplace discrimination-related legal matter is daunting. Knowing your local resources is the best starting place for seeking a resolution. Many states, such as South Carolina, have their own commissions that provide supplemental protections to employees in addition to federal law. Types of Workplace Discrimination Workplace discrimination includes different or less favorable treatment of an employee because of the employee’s race, color, religion, sex (including gender identity, pregnancy, and sexual orientation), or genetic information. Unfortunately, workplace discrimination is not uncommon. According …
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Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act
In this episode, we discuss the recently passed Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. This law bars employers from enforcing pre-dispute arbitration for claims of sexual assault or sexual harassment. Cathryn Harris-Marchesi is The Noble Law’s partner in New York City, a federal constitutional attorney with a focus in employment law, and a member of the Women’s Intercultural Network. She joins Laura to discuss the outcomes of this new law. What is arbitration? Arbitration …
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Conversation and Compromise: How to Make the Most of Mediation
Mediation can be a difficult process for both plaintiff and defendant. This episode, Laura Noble speaks with Steve Dunn, an attorney and certified mediator, who explains how to refresh your approach to mediation and achieve the best possible outcome. What is mediation? Mediation is a designated occasion where opposing parties talk about settlement, facilitated by a neutral third party. It is a structured discussion about resolution and is a unique opportunity for both parties to work towards the same goal: …
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New Law Provides More Protections for New York Whistleblowers
On January 26, 2022, updates to New York Labor Law § 740 will cause major changes to New York whistleblower laws. Cathryn Harris-Marchesi, partner and employment attorney at The Noble Law, explains these revisions in our most recent audio blog. Extending New York Whistleblower Protections Prior to the enactment of this amendment, whistleblower law in New York provided little support for employees who spoke out against their employer’s violation of the law. Employers could only be held accountable for retaliation …
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Two Supreme Court Vaccine Decisions Tell the Tale of Two Americas
On January 13, 2022, the Supreme Court handed down decisions in two cases involving the federal government’s attempt to require vaccines for employees working in large employment settings and health care facilities, projecting the direction of future COVID-19 vaccine laws. In the “large employer” case, titled Nat’l Fed. Independent Bus. V. Dept. of Labor, the conservative majority held that the Occupational Safety and Health Administration (OSHA) exceeded its statutory authority to impose a vaccine or test rule, dissolving this rule …
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OSHA Vaccine Mandate Denied by Supreme Court
Yesterday, the Supreme Court denied the Biden administration’s vaccine requirement for businesses over 100 employees. Laura Noble spoke with ABC News to discuss the impact OSHA’s vaccine mandate could have had on North Carolina businesses. Lauren Johnson: Tonight people are talking about the Supreme Court’s decision earlier in the day blocking the Biden administration’s vaccine requirement for large businesses. The justices say OSHA did not have the authority to enforce the mandate. The ruling effects some 80 million employees all …
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