Contractor and Subcontractor Liability in Workers’ Compensation: Who is the Statutory Employer?

Luke West and Julia Hooten

A recent unpublished case from the Court of Appeals, Suazo v. Gutierrez-Bojorquez, reiterates the importance of obtaining certificates of insurance and ensuring coverage has not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

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 4

Jennifer Milak and Julia Hooten

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…