Is a Mandatory Retirement Age Discriminatory?
A mandatory retirement age can be discriminatory, depending on the context and applicable laws. Under federal law, particularly the Age Discrimination in Employment Act (ADEA), most employers cannot force employees to retire based on age alone. However, there are exceptions in certain occupations—such as airline pilots, some public safety roles, and high-level executives with specific pension benefits—where mandatory retirement is permitted. In general, these retirement policies must be narrowly tailored and legally justified to avoid violating age discrimination protections. The …
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Navigating Uncertainty: Duke University’s Buyouts and How The Noble Law Can Support Affected Employees
Understanding Duke University’s Recent Measures In response to anticipated federal funding cuts, Duke University has initiated a series of cost-reduction strategies, including offering voluntary buyouts to eligible employees. The university aims to reduce its budget by approximately $350 million, representing about 10% of its expenses. The voluntary separation incentive program (VSIP) is designed to encourage employees to voluntarily end their employment in exchange for financial incentives and continued health care coverage for a specified period. Eligibility for this program is …
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What is a Protected Class in the Workplace?
Title VII of the Civil Rights Act of 1964, prohibited employment discrimination on the basis of protected classes, specifically, race, color, religion, sex, and national origin. Over time, additional laws expanded these protections. Such laws include the Age Discrimination in Employment Act (ADEA) of 1967, The Pregnancy Discrimination Act (PDA) of 1978, the Americans with Disabilities Act (ADA) of 1990, and the Genetic Information Nondiscrimination Act (GINA) of 2008. Supreme Court decisions have also impacted how protected classes are defined. …
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Is My Employer Required to Pay My Salary During My FMLA Leave?
No, your employer is not required to pay your salary during FMLA leave. The Family and Medical Leave Act (FMLA), passed in 1993, was designed to provide employees with job-protected, unpaid leave for certain family and medical reasons. However, not all employees are protected by the FMLA. There are certain requirements that both the employee and the employer must meet in order for the FMLA to apply. While this federal law offers crucial protections, it does not obligate employers to …
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What is a Hostile Work Environment?
A hostile work environment occurs when an employee experiences harassment or discrimination based on a legally protected characteristic that is severe or pervasive enough to create an intimidating and abusive workplace. To be legally actionable, hostile or unwelcome behavior must occur because of the employee’s protected characteristics. Protected characteristics, classes, and categories under federal and State laws include sex (including gender identity and sexual orientation), race, color, religion, national origin, age, disability, and pregnancy. The behavior must also be so …
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When Whistleblowers Need a “Reasonable Belief”
A wide variety of whistleblower protection laws protect employees from retaliation when they disclose a violation of law, a danger to public health or safety, or some other type of misconduct.[1] For most of the laws, the employee will also be protected when he or she has a “reasonable belief” in the violation, danger or misconduct, even if the employee later discovers that the belief was incorrect. This “reasonable belief” doctrine is essential to effective protection for whistleblowers. If employees …
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Attorney Laura Noble has Achieved the AV Preeminent® Rating – the Highest Possible Rating from Martindale-Hubbell®.
Laura Noble, a lawyer based in Charlotte, NC whose primary area of practice is Employment Law, has earned the AV Preeminent® rating from Martindale-Hubbell® Charlotte, NC January 9, 2025 – Martindale-Hubbell® has confirmed that attorney Laura Noble still maintains the AV Preeminent Rating, Martindale-Hubbell’s highest possible rating for both ethical standards and legal ability, even after first achieving this rating in . For more than 130 years, lawyers have relied on the Martindale-Hubbell AV Preeminent® rating while searching for their own expert attorneys. Now anyone can make use of this trusted rating by looking up …
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What Is an Independent Contractor?
An independent contractor is a self-employed person who does contract work for businesses or other individuals. The distinction between “independent contractor” and “employee” is significant because it determines rights, benefits, and responsibilities under state and federal labor laws. Misclassification of employees as independent contractors can lead to legal consequences for employers. The employment attorneys at The Noble Law are well-versed in these matters and can provide you with the knowledgeable guidance you need regarding misclassification, unpaid overtime, and other issues …
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What Evidence Do You Need to Prove Wrongful Termination?
North Carolina is an at-will state, meaning that employers generally do not have to provide a reason for termination. However, that does not mean employers can terminate employees for any reason whatsoever. Generally speaking, employers in North Carolina cannot terminate an employee if they are motivated by that employee’s protected characteristic or protected activity, or if the termination is contrary to a public policy in this State. The Noble Law understands the serious consequences that wrongful termination can have, including …
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What Does it Mean to Be Furloughed?
In today’s unpredictable economic climate, many companies are faced with the difficult decision to furlough employees. But what does it really mean to be furloughed, and how does it affect your rights as an employee? For many employees, the uncertainty of a furlough can be confusing and stressful. It is important to understand your rights and protections during this time, and when it might be necessary to seek legal counsel. What Happens During a Furlough? A furlough is a temporary, …
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