Julia Hooten, Author at Teague Campbell Dennis & Gorham

A recent unpublished case from the Court of Appeals, Suazo v. Gutierrez-Bojorquez, reiterates the importance of obtaining certificates of insurance and ensuring coverage has not lapsed before allowing subcontractors to begin work on a project. Without proper coverage, general contractors can be held liable for injuries of their subcontractor’s employees. The plaintiff in Suazo was…

Change on the Horizon: What the Government Transparency Act Could Mean for Public Employers

Julia Hooten

Employment LawJune 23, 2021

In general, except for basic information, the personnel files of public employers are mostly private. NCGS Sec. 153A-98 for County employees, and the companion statute for municipal employees, NCGS Sec. 160A-168, make private the personnel records of public employees, former public employees and applicants for public employment except for 12 enumerated specifics: Name; Age; Date of…

Employment Law: COVID-19 Question of the Week 7

Jennifer Milak and Julia Hooten

COVID-19, Employment LawMay 29, 2020

Question: Does an employer have to return an employee who took leave to the same position the employee worked prior to taking leave? Answer: In most instances, yes, an employee is entitled to be restored to the same or an equivalent position upon return from paid sick leave or expanded family and medical leave in…

Employment Law: COVID-19 Question of the Week 6

Jennifer Milak and Julia Hooten

COVID-19, Employment LawMay 20, 2020

Question: Does an employer have to continue health insurance for employees who take leave under EFMLEA? Answer: Yes. An employee who takes expanded family and medical leave or paid sick leave is entitled to continued coverage under the employer’s group health plan on the same terms as if the employee did not take leave. See 29…

Employment Law: COVID-19 Question of the Week 5

Jennifer Milak and Julia Hooten

COVID-19, Employment LawMay 13, 2020

Question: What is the process for seeking a credit for the additional sick leave wages paid to employees under FFCRA? Answer: According to the WHD Rule of April 4, 2020, under the FFCRA, covered private employers qualify for reimbursement through refundable tax credits as administered by the Department of the Treasury, for all qualifying paid…

Employment Law: COVID-19 Question of the Week 4

Jennifer Milak and Julia Hooten

COVID-19, Employment LawMay 6, 2020

Question: When an employee returns to work after a COVID-19 diagnosis, does the ADA allow employers to require doctors’ notes certifying their fitness for duty? Answer: According to the EEOC’s March 2020 published guidance, yes. However, practically, as healthcare providers’ time and resources become limited, such requirements may pose real practical problems. For questions or…

Employment Law: COVID-19 Question of the Week 3

Jennifer Milak and Julia Hooten

COVID-19, Employment LawApril 29, 2020

Question: What kind of documentation can an employer request of an employee seeking sick pay or pay to care for a child under EPSLA or EFMLEA? Answer: An employee must provide documentation in support of paid sick leave or expanded family and medical leave. As provided in § 826.100, such documentation must include a signed statement…

Employment Law: COVID-19 Question of the Week 2

Jennifer Milak and Julia Hooten

COVID-19, Employment LawApril 22, 2020

Question: Is the employer’s requirement of measured employee body temperatures permitted under the ADA? Answer: According to the EEOC’s March 18, 2020, memo, while recognizing this may qualify as a medical examination, the EEOC still offered guidance that the employer may measure the employee’s body temperate because the Center for Disease Control and Prevention has…

Employment Law: COVID-19 Question of the Week

Jennifer Milak and Julia Hooten

COVID-19, Employment LawApril 15, 2020

Question: In order to protect its workforce, what can an employer ask an employee who calls in sick? Answer: On March 18, 2020, the EEOC published guidance for employers. During these unprecedented challenges, the EEOC explains what precautionary measures are permitted under the American with Disabilities Act. The EEOC was quick to point out that…

Employers’ Obligations Under the WARN Act in Light of COVID-19

Matt Marriott and Julia Hooten

COVID-19, Employment LawApril 10, 2020

In 1988, Congress passed the Worker Adjustment and Retraining Notification (WARN) Act to provide workers with time to prepare for the transition between the jobs they currently hold and new jobs when large employers are going to shut down their facilities or perform mass layoffs. As companies have been forced to shut their doors and…