Frequently Asked Employer Questions: Auditing Employee Pay Structures

Jennifer Milak and Luke West

Question What impact do the recent collective bargaining agreements equalizing pay between the Men’s and Women’s US Soccer teams have on employers outside of professional sports? Answer Following protracted equal pay litigation, the U.S. Soccer Federation has agreed to pay the U.S. Men’s National Team and the U.S. Women’s National Team equally, which (at least…

Product Liability Defense: Subsequent Alteration or Modification of Product

Meg Cook and Jennifer Milak

There are multiple defenses available in North Carolina for product liability claims.  One that defendants can consider involves instances of subsequent alteration or modification of the allegedly defective product by a party other than the manufacturer.  However, there are some important nuances to keep in mind related to this defense. First, this defense is not…

NC Court of Appeals Decision Reaffirms Contributory Negligence Defense is Not Absolute

Rebecca Thornton, Jennifer Milak and Patrick Scott

Klapp v. Buck, a recent unpublished opinion by Judge Dillon of the North Carolina Court of Appeals revisits the defense of contributory negligence and confirms that this affirmative defense is not absolute. Background of the Case This case stems from an accident where Defendant’s vehicle collided with the Plaintiff who was riding her bicycle. The…

Products Liability Claims and Available Defenses

Jennifer Milak

Product liability claims can range from defects in automobiles, consumer good to prescription drugs.  Products liability is a specialized area of law taking various forms, each requiring a different defense strategy. Many states apply a strict liability standard which means the manufacturer is automatically liable when a product injures a person.  But not North Carolina.…

Can Employers Require COVID-19 Vaccines?

Jennifer Milak

On December 16, 2020, the EEOC published guidance for employers concerning mandatory COVID-19 vaccination requirements. The EEOC stated than an employer does not violate the ADA disability-related inquiry prohibition when the employer requires the employee to show proof of receipt of a COVID-19 vaccination.  However, the EEOC warned employers to not ask the employee why…