With winter just around the corner, it’s a good time to remind North Carolina private sector employers what they need to know about their adverse weather policies from an employment law standpoint. How private employers treat their employees during adverse weather conditions comes under the concept of “at-will” employment. Employers are free to adopt or…
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…
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…
Klapp v. Buck, a recent unpublished opinion by Judge Dillon of the North Carolina Court of Appeals revisits the defense of contributory negligence and confirms that this affirmative defense is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…
Can Public Employers Limit Public Employees’ Speech? Research shows 190 million Americans are on Facebook, 70% of whom use Facebook daily. In 2020, we saw more Americans using social media to show their support for causes or issues. About 1/3 of social media users polled say they have used sites like Facebook and Twitter to…
We finally have more guidance on ways local governments may use their allotted ARPA recovery funds. On May 10, 2021, the United States Treasury adopted a final interim rule and put out a factsheet outlining the different ways eligible local governments can use their fiscal recovery funds from the federal spending package known as the…
Few rights are as deeply embedded in our body of laws as the right to a trial by jury. This right, which applies to criminal and civil defendants, is enshrined in both the U.S. Constitution and the laws of all 50 states. In North Carolina, Article I, Section 4 of our State Constitution provides: No…
The American Rescue Plan Act (ARPA) was signed into law on March 11, 2021. The ARPA amends the Internal Revenue Code (IRC). Sections 9641, 9642 and 9643 of the ARPA amend the IRC by adding three new sections to Chapter 21 of the IRC: “Credit for paid sick leave,” “Payroll credit for paid family leave,” and “Special rule…
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.…
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…