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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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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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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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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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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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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Last week, The Noble Law’s Partner, Katie Abernethy, argued in federal court on behalf of Tracy Sempowich, a regional sales manager for Tactile Systems Technology. She made the case before the Fourth Circuit United States Court of Appeals, arguing that lower court used an incorrect test when it rejected Ms. Sempowich’s Equal Pay Act claim. The Equal Employment Opportunity Commission (EEOC) also appeared on behalf of Ms. Sempowich. Bloomberg Law’s Patrick Dorrian shined light on the argument in his article …
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