DRAFTING ENFORCEABLE NON-COMPETES

Danielle Barbour Wilson Danielle Wilson, Employment Law, Employment Relations Analysis and Advice, Labor and Employment

Non-competition agreements (also referred to as “covenants not to compete” or “non-competes”) are restrictive covenants used to limit the employment and business activities of former employees. They are used to prevent former employees from directly competing with employers after the employment relationship ends. Any agreement limiting the rights of any person to do business in North Carolina must be in …

Court of Appeals for the Seventh Circuit Holds that Title VII Covers Sexual Orientation Discrimination

Danielle Barbour Wilson Danielle Wilson, Labor Law, Title VII - Civil Rights Act

Recently, the United States Court of Appeals for the Seventh Circuit became the first federal appellate court in the country to hold that discrimination on the basis of sexual orientation is prohibited under Title VII of the Civil Rights Act of 1964 (Title VII). Title VII is the federal statute which prohibits employment discrimination on the basis of race, color, …

Ted Edwards and Danielle Barbour Wilson Recognized by NC Super Lawyers Magazine

HumAdmin Announcements, Danielle Wilson, Ted Edwards

Principal Ted Edwards has been named a North Carolina Super Lawyer for 2017. Each year, no more than five percent of the lawyers in the state are selected by Super Lawyers to receive this honor. Each year, the publishers of Super Lawyers Magazine, undertake a rigorous multi-phase selection process that includes a statewide survey of lawyers, independent research to identify …

December 1st Deadline to Comply with the U.S. Department of Labor’s Final Overtime Rule Stalled by Texas Judge

Danielle Barbour Wilson Danielle Wilson, Labor and Employment, Labor Law

A federal judge in Texas has entered a preliminary injunction temporarily blocking the final rule regarding overtime published by the U.S. Department of Labor (DOL) on May 23, 2016 (“the Final Rule”). The Final Rule raised the minimum salary for exempt employees from $23,660 to $47,476. While employers were originally required to comply with the new salary threshold (or begin …

EEOC Issues Enforcement Guidance on Retaliation and Related Issues

HumAdmin Danielle Wilson, Employment Law, Labor and Employment, Retaliation

In late August 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued Enforcement Guidance on Retaliation and Related Issues, a sub-regulatory document that addresses the Commission’s interpretation of the law related to retaliation in the workplace. The enforcement guidance replaces previous guidance issued by the EEOC in 1998. As defined by the Commission in the enforcement guidance, retaliation occurs when …

Employers Beware of the EEOC’s New Position Statement Procedures

Danielle Barbour Wilson Danielle Wilson, Employment Law, Thomas Filopoulos

The U.S. Equal Employment Opportunity Commission (“EEOC”) has implemented new nationwide procedures regarding the disclosure of position statements which may impact how some public and private employers respond to EEOC charges. In the past, an employer’s position statement and supporting documents submitted to defend an EEOC Charge would only be disclosed to the Charging Party after the EEOC’s investigation of …

Major Changes to the FLSA “White Collar” Exemptions Coming Soon

Danielle Barbour Wilson Danielle Wilson, Employment Law, Thomas Filopoulos

The United States Department of Labor (“DOL”) is preparing to publish a final rule updating the criteria used to determine which workers are eligible for minimum wage and overtime pay under the Fair Labor Standards Act (“FLSA”). Under the proposed final rule, nearly 5 million additional workers will be eligible for overtime pay protection because of a 113 percent increase …

Danielle Barbour Wilson Named Rising Star by NC Super Lawyers Magazine

Sherrod Banks Announcements, Danielle Wilson, Firm News

Principal Danielle Barbour Wilson has been named a Rising Star by North Carolina Super Lawyers Magazine for 2016. This coveted list honors up-and-coming attorneys who are either under the age of 40 or have been practicing for 10 years or less. Each year, the publishers of Super Lawyers Magazine, undertake a rigorous multi-phase selection process that includes a statewide survey …

EEOC Issues Updated Enforcement Guidance on Pregnancy Discrimination

Danielle Barbour Wilson Anti-Discrimination, Danielle Wilson

The Equal Employment Opportunity Commission (EEOC) recently issued updated enforcement guidance regarding pregnancy discrimination and related issues. The guidance supersedes the Enforcement Guidance on Pregnancy Discrimination and Related Issues dated July 14, 2014. The new guidance was revised in response to the Supreme Court’s decision in Young v. United Parcel Serv., Inc. According to the Supreme Court’s decision in Young, a …

Most Workers Are Employees According to US Department of Labor Interpretation

Danielle Barbour Wilson Danielle Wilson, Regulatory Agency Guidance

The Administrator of the Wage and Hour Division of the United States Department of Labor (WHD) recently issued a new interpretation regarding when workers are “employees” versus “independent contractors” under the Fair Labor Standards Act (FLSA). According to the Administrator, “most workers are employees under the FLSA,” thus are entitled to receive the minimum wage, overtime, and the other protections afforded under …