Charlotte Legal Blog

Conscientious Drafting of Employment Agreements Remains Imperative

Conscientious Drafting of Employment Agreements Remains Imperative as North Carolina Supreme Court Reaffirms its “Strict Blue-Pencil Doctrine” for Restrictive Covenants North Carolina courts continue to be limited from revising unenforceable covenants not to compete as the North Carolina Supreme Court reaffirms its limited application of the “blue pencil doctrine.” The Court, in rejecting the North Carolina Court of Appeals decision…

Proposed IRS Regulations Will Affect Valuation

Proposed IRS Regulations Will Affect the Valuation of Interests in Corporations and Partnerships for Estate, Gift, and Generation-Skipping Transfers In an effort to eliminate a long standing technique utilized by business owners to minimize the impact of federal estate taxes on their families, the Obama Administration has proposed eliminating certain valuation discounts. The Administration proposed elimination of family business transfer discounts.…

OSHA Rule Requires Certain Businesses to Publicize Workplace Injuries and Illnesses

New OSHA Rule Requires Certain Businesses to Publicize Workplace Injuries and Illnesses on OSHA Website in Order to Improve Worker Safety Beginning in 2017, businesses with 250 or more employees, as well as businesses with 20-249 employees in certain high-risk industries, will be required to electronically submit recorded information on workplace injuries and illnesses to the OSHA website. This information,…

Firm Obtains $100,000 Lien Judgment

The experienced construction litigators at Richard L. Robertson and Associates, P.A. continue to achieve excellent results for their materials suppliers and subcontractor clients. A client of the Firm brought an action against several defendants relating to a multimillion dollar data center upgrade at the IBM campus in Research Triangle Park. Lee Robertson, an attorney in the Firm’s construction litigation group…

Bo Caudill Successfully Negotiates Chapter 11 Bankruptcy Preference Claims

Furniture Brands International, Inc., once one of the world’s largest furniture manufacturers (and owner of North Carolina brands like Thomasville Furniture, Broyhill and Hickory Chair), filed for Chapter 11 Bankruptcy in September, 2013. As a part of the bankruptcy process, the US Bankruptcy Court appoints a trustee to oversee the operations or wind-down of the bankrupt company. The trustee has…

Significant Changes to Overtime Coming

Many clients are already familiar with the Fair Labor Standards Act (FLSA) requirements that nonexempt employees be paid overtime at the rate of one-and-one-half their regular rate of pay for every hour over 40 the employee works during a workweek. As a result of new proposed regulations from the US Department of Labor, however, who can be classified as an…

Do Your Non-Competition Agreements Prevent Competition?

By all accounts, North Carolina has largely emerged from the Great Recession. In fact, according to the NC Department of Commerce, as of February, 2015, North Carolina’s unemployment rate had dropped to 5.3%–one of the lowest rates since the Great Recession began in 2008. As hiring improves, however, many clients are increasingly concerned with protecting their investment in their businesses,…

North Carolina’s New Lien Law

On April 1, 2013, new legislation enacted by the North Carolina General Assembly took effect which made substantial changes to North Carolina’s previous lien law statutes. Under the new lien law, our business clients must make significant changes to their previous practices to preserve and protect their rights to liens on jobs as suppliers of materials of as subcontractors providing…

North Carolina Lien Agents

This website has previously discussed changes to certain parts of North Carolina’s lien statute which went into effect on April 1, 2013. This article explores in greater detail the Lien Agent requirement and provides general guidance on how to properly notify the lien agent of a potential lien claim. Every situation is different, however, so we encourage you to contact…

The Definition of “Supervisor” Under Title VII

Most of our clients are keenly interested in protecting themselves against claims of harassment under Title VII of the Civil Rights Act of 1965. Title VII protects employees against discrimination in the workplace on the basis of their race, color, national origin, sex (including pregnancy) and religion. Claims brought under Title VII are some of the most frequently investigated and…