Obeying the Unwritten Rules

Walker v. North Carolina State Board of Dental Examiners and Its Meaning for Professional Licensees in North Carolina North Carolina currently has fifty-five occupational licensing agencies. These agencies regulate professions including law, medicine, engineering, surveying, therapy, and real estate. Generally, the agencies regulate their particular professions by enforcing rules of ethics and practice. Their rules are…

Details

NC COA Examines Whether an Employee’s Injury Arose Out of and in the Course of His Employment When Commission Finds Employee Was “Joyriding”

When Plaintiffs are injured at work under circumstances which raise the question of whether the precipitating activity was “in furtherance of” versus “incidental to” the job duties assigned and the employer’s interest, the North Carolina Courts will look closely at the nature of the activity and the behavior immediately prior to the incident to determine…

Details

North Carolina Court of Appeals Rules Drug Test, Background Check Constitutes “Last Act” Necessary to Create Employment Contract

and

In Holmes v. Associate Pipe Line Contractors, Inc., the Court of Appeals determined that post-offer contingencies, such as background checks and drug testing, constitute the “last act” necessary to create a contract of employment. On October 29, 2013, Plaintiff, who was living in North Carolina, was contacted via telephone by a union representative and offered…

Details

Joint Employment Under the Fair Labor Standards Act

A List of Do’s and Do Not’s for North Carolina General Contractors in a post-Salinas Era. In Salinas v. Commercial Interiors, Inc., 848 F.3d 125 (4th Cir. 2017), the 4th Circuit Court of Appeals laid out a new test for determining when two or more individuals or corporate entities should be considered “joint employers” of…

Details

Drone Liability & Litigation Podcast

and

Recently, Partners Bill Bulfer and Bryan Simpson were featured in a Ringler Radio podcast discussing drone liability and litigation. An unmanned aerial vehicle (UAV), commonly known as a drone, is an aircraft without a human pilot aboard. Drones were originally associated by the military, but are now used for other purposes, with estimates of over…

Details

North Carolina Industrial Commission Updates

On April 6, 2017, the North Carolina Workers’ Compensation Opioid Task Force held its first organizational meeting to study and recommend solutions for the problems arising from the intersection of the opioid epidemic and related issues in Worker’s Compensation claims. The Task Force has not yet issued a report or timeline for when a report…

Details

Beware of Zoning Misrepresentations

N.C.G.S. § 93A-6 prohibits a North Carolina real estate licensee from making any misrepresentation or omission of material fact relating to real property.  The misrepresentation need not be intentional to subject a licensee to discipline. Even the negligent communication of false information is prohibited. Material facts include not only facts about the property itself, but…

Details

North Carolina: Patillo v. Goodyear Tire and Rubber Company: Another Review of the Parsons Presumption and Reasonableness of a Job Search

Last winter we examined the Court of Appeals decision in Wilkes v. City of Greenville and its seemingly a radical extension of the Parsons presumption to injuries not initially accepted as part of the claim.  The decision Wilkes was appealed to the North Carolina Supreme Court and is set for oral argument in mid-February 2017. …

Details