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Business NC Magazine Has Recognized Laura Noble of The Noble Law Firm Among the State’s Legal Elite Three Years Running from 2014-2016

Since 2002, Business North Carolina magazine has honored Tar Heel lawyers by publishing Business North Carolina’s Legal Elite, a listing of the state’s top lawyers in business-related categories. Winners are chosen not by BNC editors but by the state’s lawyers. Business North Carolina’s Legal Elite has become the model for other awards and lists, but it remains unique as […]

By |January 21st, 2016|category, News|0 Comments|

Independent Contractor or Employee? It Matters.

Well-meaning employers sometimes misclassify workers that are actually employees as independent contractors. Some do it intentionally; some unintentionally – either way, it’ll get ya in trouble. Misclassification can cost your company in two ways: 1) by putting you at high risk of a huge tax bill from the big bad IRS; and 2) by making you liable for unpaid […]

FMLA Technical Errors Can Be Costly

The Family and Medical Leave Act (“FMLA”) allows an employer to mandate that employees seeking FMLA leave submit medical certification of their need for leave. Regulations promulgated by the United States Department of Labor give employees 15 days to provide the requested certification. If the employee fails to provide medical certification within this 15 day period, the employer may deny FMLA leave.

Just weeks ago, […]

The Importance of an Employee Handbook

The benefits of having a comprehensive and professionally-written employee handbook are many: they set clear expectations between employer and employee and they establish the employer’s policies. By cataloguing workplace policies, employee handbooks provide an essential first line of defense against employment-related claims. If your company doesn’t have written policies, it doesn’t have a strong defense to a potential claim […]

What to Expect at a Consultation

If you’ve never met with an attorney before (or even if you have), you’re probably wondering what to expect at the consultation you’ve scheduled with an employment attorney.

You should expect that the attorney will:

Introduce herself or himself and tell you a little about her or his background;
Explain that the content of your meeting will remain confidential and are protected […]

You Might Have to Pay Those Summer Interns

Many for-profit companies provide internship opportunities for students during the summer and during the academic year.  Traditionally, many such internships have been unpaid positions regardless of what duties the intern is responsible to perform.  Recent cases and U.S. Department of Labor guidance indicate that the FLSA requires your company to pay those interns if they are providing a net […]

What Should the ADA Interactive Process Look Like?

Under the Americans with Disabilities Act, if a disabled employee gives her employer notice (broadly defined), the employer must engage the employee in what is called an “interactive process” to determine whether a reasonable accommodation is available to ensure that the employee can continue to perform the essential functions of her job.  Often, employees do not ask for specific […]

Fraud in the Inducement in the Employment Context

North Carolina does recognize a cause of action for employees who fall prey to an employer’s promise to employ without an intent to do so.  However, the plaintiff bears the burden of proving that the employer did not intend to honor its promises regarding employment at the time they were made.

One North Carolina case demonstrates why these kinds of claims are hard hills […]

Preserving Privilege in Internal Investigations

Often, upon receiving a complaint of discrimination or some other violation of workplace law, an employer will (and should) conduct an internal investigation to ascertain the facts giving rise to the claim or potential claim against it.  Quite often, the employer relies on in-house counsel to conduct its investigation.  Such investigations may involve interviewing employees, discussions between and among managers and employees […]

Reasonable Accommodations for Pregnant Employees?

The Pregnancy Discrimination Act (“PDA”) amended Title VII to forbid discrimination in employment on the basis of pregnancy.  However, courts across the country have been divided on the question of whether, like the Americans with Disabilities Act, the Pregnancy Discrimination Act requires that employers provide reasonable accommodations to pregnant employees so that they can perform the essential functions of […]