Name, Image, and Likeness Contracts (NIL)
Name, Image, and Likeness contracts (NIL) will undoubtedly change the way college athletics operates. In fact, that is about the only thing that all parties involved in this new endeavor can agree on! Today’s blog digs into what NIL means, what effects it is having on student-athletes, and where we go from here. What is NIL? Name, Image, and Likeness contracts refer to the ability of student-athletes to make money off of their notoriety as athletes. The NCAA had prevented …
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Living Wage and Minimum Wage – State Overview
Living wage and minimum wage. There’s a distinct difference between the two. For employees working at an hourly rate, it is essential that their employer follow all relevant laws regarding employee pay, overtime, and leave. Employees who make the federal minimum wage, or close to it, are automatically classified as non-exempt, meaning the employer is legally required to pay overtime rates for every hour over 40 in a work week. Under the Fair Labor Standards Act (FLSA), employees who have …
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4th Circuit Decision and the Equal Pay Act
On December 3, 2021, the U.S. Court of Appeals for the Fourth Circuit ruled in favor of Tracy Sempowich’s claim under the Equal Pay Act. Ms. Sempowich was represented by employment law attorney Katie Abernethy, a partner at The Noble Law. The ruling– which will likely influence other cases that allege sex-based pay discrimination– stated that courts should evaluate the equality of pay on the basis of wage rate, not total compensation. This means that courts will evaluate each component of …
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New York State Equal Pay Protections
Both the Equal Pay Act of 1963 and the New York State Equal Pay Act were designed to address the practice of employers paying their female employees less than male colleagues performing the same responsibilities. These laws provide an avenue for female employees dealing with this issue to address the disparities in compensation. Individuals who live in New York State can find additional resources, overviews of other relevant statutes, and file a complaint about workplace discrimination by visiting the website …
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New York Employment Law: Cannabis
The Marijuana Regulation and Taxation Act (MRTA) is a 2021 law passed in New York State that legalizes the recreational use of cannabis while also amending New York Labor Law. Employers and employees in New York should have a full understanding of this law and their rights and obligations under it. As an employment law firm that serves the state of New York, The Noble Law wanted to dig into the details of what this New York employment law means …
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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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What is the Role of an Executive Compensation Lawyer?
Contracts setting out executive compensation do more than simply define an individual’s role and expectations in an organization. They also establish key contractual and legal obligations between an employee and their employer. In almost all cases, an employer will use a lawyer to draft the contract. An experienced executive compensation attorney helps employees protect their best interests and negotiate the best possible contract. Whether in North Carolina, New York, or South Carolina, The Noble Law is prepared to assist on …
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Katie Abernethy Speaks to Fox 9 Regarding Equal Pay Act Claim
Last night, partner Katie Abernethy appeared on Fox 9 News in Minneapolis, MN regarding her recent argument in front of the Fourth Circuit U.S. Court of Appeals against an employer based out of Minneapolis. In her argument, Katie represented Tracy Sempowich in an Equal Pay Act claim. Kelcey Carlson: A Minneapolis-based medical device company will have to a former employee in court over equal pay issues. A former regional sales manager sued the company because a male counterpart had a …
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Stand Up for Workers PAC
As part of her efforts to catalyze positive changes in employment law and society, managing partner Laura Noble serves on the board of directors of Stand Up for Workers, a political action committee focused on defending and expanding the basic rights of the American worker. The group strives to elect representatives who support legislation regarding those rights, from fair wages to equitable and dignified treatment in the workplace. One of the key components of the group’s work is to ensure that workers have access to …
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