NC Focuses on Misclassification of Employees through Employee Classification Section of NCIC

Starting on December 31, 2017, the North Carolina Industrial Commission will have a permanent Employee Classification Section charged with investigating and punishing employers who misclassify employees as independent contractors.  The Employee Classification Section was initially created through an executive order signed by former Governor Pat McCrory on December 18, 2015, Executive Order No. 83.  The…

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Independent Contractor vs. Subcontractor – Two Different Analyses, Not Exclusive of the Other

An independent contractor is an individual who generally falls outside of the structure of the Workers’ Compensation Act. Whether a person employed to perform specified work for another is to be regarded as an independent contractor or as an employee within meaning of Workers’ Compensation Act is determined by application of ordinary common-law tests.  Youngblood…

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Matt Little Joins ABOTA

Congratulations to Matt Little on his recent invitation to join the American Board of Trial Advocates!  ABOTA has chapters in every state, and their members constitute an elite group of trial lawyers, nationwide. The general purpose of ABOTA, as stated on their website, is to “foster improvement in the ethical and technical standards of practice…

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NCIC Announces Changes to Sanctions Policy

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The North Carolina Industrial Commission recently announced a stricter policy, which includes increased sanctions for failing to timely file a Form 60, 61 or 63. Pursuant to an October 2, 2017 Memorandum issued by the North Carolina Industrial Commission, effective December 1, 2017, there will be changes to the sanction amounts and processes for sanctions pursuant to…

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