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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What is the Difference Between Mediation and Arbitration?
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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Wrongful Termination and the Employee’s Duty to Mitigate Damages
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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What medical protections do I have in the workplace?
Read our blog to find out what medical protections you have in the workplace regarding privacy, time off, and accommodations.
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