Concerted Activity Under the National Labor Relations Act During Covid-19
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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First Amendment Right to Free Speech in the Employment Context
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 COVID-19
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 North Carolina Wage and Hour Act and Pay Upon Termination
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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FFCRA Mandated Paid Sick Leave Expired 12/31/2020
The Families First Coronavirus Response Act (FFCRA) mandated paid sick leave (the Emergency Paid Sick Leave Act) expired on December 31, 2020. However, the latest federal stimulus bill (The Consolidated Appropriations Act, 2021) extends the tax credit for those employers who continue to voluntarily provide emergency paid sick leave through March 2021. The Emergency Paid Sick Leave Act (EPSLA), mandated that employers with under 500 employees provide up to 80 hours of paid sick leave for reasons related to …
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DOL Finalizes New Standard for Independent Contractor Status
On January 6, 2021, the Department of Labor (DOL) delivered a final rule clarifying the standard classification for an employee versus an independent contractor under the Fair Labor Standards Act (FLSA). Under the FLSA, independent contractors are not eligible for minimum wage or overtime compensation, which are required for full-time employees. The new rule will go into effect on March 8, 2021 after president-elect Joe Biden assumes office, which does leave open the possibility of the incoming administration withdrawing or …
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What is the North Carolina False Claims Act?
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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Can Your Employer Fire You for Social Media Posts?
The Noble Law’s Managing Partner appears on WRAL to discuss what rights employers’ and employees’ have on personal speech in and out of the workplace.
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Live Webinar – Top 10 Things To Look For In A N.C. Physician’s Contract
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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Can My Employer Force Me to Get Vaccinated for COVID-19?
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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