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North Carolina Employer Liability Issues

Cranfill Sumner LLP

Understanding the Limits of Employer Liability Under North Carolina’s Woodson Exception

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The exclusivity provision of the North Carolina Workers’ Compensation Act (the “Act”) normally prevents an employee from suing his employer in civil court for work injuries.  The employee is normally relegated to filing a...more

Spilman Thomas & Battle, PLLC

NC Court of Appeals Clarifies How Insurers’ Duties to Defend and Indemnity Are Triggered in Atypical Employment Relationships

The Court of Appeals’ opinion in N.C. Farm Bureau Mut. Ins. Co. v. Young, (No. COA24-594) addresses how a court is likely to assess the duty to defend and the duty to indemnify under an insurance contract, and the interplay...more

Cranfill Sumner LLP

NC Court of Appeals Denies Motion to Add Self-Insurance Association in Asbestos Exposure Case

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In a published decision with a dissent, the NC Court of Appeals denied the Plaintiff’s motion to add North Carolina Self-Insurance Security Association as a party to the claim....more

Ward and Smith, P.A.

Understanding Liability Waivers for Equine Activities in North Carolina

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In North Carolina, as in many states, liability waivers are often used to protect equine activity sponsors, such as individuals, groups, clubs, partnerships, or corporations from legal claims arising from injuries sustained...more

Fisher Phillips

Government’s Shredding of Key Documents Leads Judge to Dismiss North Carolina Safety Case – Possible Relief for Your Business?

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A judge just dismissed a safety claim being prosecuted by North Carolina workplace safety officials after it was revealed at trial that NC OSHA inspectors had been shredding handwritten notes and other documents from their...more

Cranfill Sumner LLP

Statutory Timelines for Defendants in North Carolina Workers’ Compensation Claims

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North Carolina Workers’ Compensation claims are governed by Chapter 97 of the North Carolina General Statutes. What follows are timelines for Defendants set forth in the statutes...more

Cranfill Sumner LLP

Statutory Timelines for Plaintiffs in North Carolina Workers’ Compensation Claims

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North Carolina Workers’ Compensation claims are governed by Chapter 97 of the North Carolina General Statutes. What follows are timelines for Plaintiffs set forth in the statutes...more

Cranfill Sumner LLP

Elements Required to Prove an Injury by Accident in North Carolina Workers’ Compensation Claims

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Whether a claim is compensable may depend on what type of injury/disease is alleged.  The four major types of workers’ compensation claims are...more

Cranfill Sumner LLP

Is This Claim Compensable? Elements Required to Prove Compensability for a Back Claim in North Carolina

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Whether a claim is compensable may depend on what type of injury/disease is alleged.  The four major types of workers’ compensation claims are...more

Bradley Arant Boult Cummings LLP

Federal Appeals Court Upholds “Zero-Tolerance” Cannabis Policy Under North Carolina Law

When you work in the cannabis business, you get used to answering questions that don’t always make sense. One question we get most often is whether an employee can use a legal product that nonetheless may cause the employee...more

Spilman Thomas & Battle, PLLC

Fourth Circuit Determines that Internal Complaint May Support Claim for Wrongful Discharge in Violation of North Carolina Public...

On August 14, 2024, the Fourth Circuit Court of Appeals issued an opinion reversing a prior decision of the U.S. District Court for the Western District of North Carolina regarding wrongful discharge under North Carolina law....more

Poyner Spruill LLP

Fourth Circuit Affirms Termination of Employee for Alleged Lawful THC Consumption

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North Carolina employees are increasingly testing positive for illegal marijuana use while contending that they were only using legal hemp-derived products sold over the counter in this State. Some employees assert that these...more

Williams Mullen

[Webinar] 2024 North Carolina CLE Institute - February 9th, 9:00 am - 2:00 pm ET

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Join us for the 2024 North Carolina CLE Institute, Hosted by Williams Mullen, a virtual legal education program designed to provide timely legal guidance and help you to secure your CLE credits....more

Poyner Spruill LLP

[Hybrid Event] Employment & Employee Benefits Seminar - February 7th, Durham, NC

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Join us in person or virtually on Wednesday, February 7 for an All-Day Employment and Employee Benefits Seminar. You’ll hear from Poyner Spruill attorneys about trending topics in employment and employee benefits. We aim to...more

Cranfill Sumner LLP

Workers’ Compensation: Frequently Asked Questions from Non-Insured Employers

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Workers’ compensation insurance coverage is required for all employers in North Carolina with limited exceptions.  If the State of North Carolina discovers that an employer does not have workers’ compensation insurance...more

Cranfill Sumner LLP

Insights from the Legal Summit: Understanding Joint Prosecution Agreements in Third-Party Claims

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On October 11, 2023, Cranfill Sumner LLP held our annual Legal Summit, a virtual event featuring insightful presentations by our attorneys that focused on the latest legal developments in North Carolina. Presentations covered...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 3, April 2023

What Employers Can Do When a Union Knocks on Their Door - When a union knocks on an employer's door, it can be a shock and awe experience for the unprepared employer. It is important for employers to understand their...more

Cranfill Sumner LLP

NC Court of Appeals Sets Standard for Extended Benefits in Sturdivant v. NC Department of Public Safety – What’s Next?

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In Sturdivant v. NC Department of Public Safety (No. COA22-421), the North Carolina Court of Appeals affirms Full Commission Opinion and Award denying extended benefits under N.C.G.S. 97-29 (c)...more

Cranfill Sumner LLP

CBD Oil & Its Implication on Drug Policies in the Workplace – 2023 Update

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Since our last update on CBD Oil and its implication in the workplace, there have been a few updates in the cannabis world and what it means for North Carolina....more

Jackson Lewis P.C.

[Event] Workplace Law Symposium: The Year Ahead - February 21st, Raleigh, NC

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Jackson Lewis P.C. attorneys are pleased to welcome you back in–person after meeting virtually over the past two years. Our annual program will explore the challenging and dynamic workplace law landscape in 2023 and beyond....more

Cranfill Sumner LLP

What Lies Ahead? – Predictions for Employers in 2023

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While issues like PPP loans, the CARES Act, and vaccination mandates are largely in the rearview mirror, the workplace looks vastly different than it did three years ago.  Some of these changes were brought about by COVID,...more

Cranfill Sumner LLP

Business Court Holds that Employees’ Continued Work for Reduced Salaries Waived Claims for Breach of Employment Contracts

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In Gallaher, et al. v. Ciszek, et al., 2022 NCBC 67, Chief Business Court Judge Louis A. Bledsoe, III, recently held that three neonatologists who continued to work after their employer unilaterally reduced their...more

Fisher Phillips

North Carolina OSHA’s Maximum Penalties More than Doubled This Weekend: 4 Takeaways for Employers

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Employers may be surprised to learn that North Carolina OSHA’s maximum penalties more than doubled on October 1 — and these penalties will increase every January, starting in 2023, to match the maximum penalties available to...more

Cranfill Sumner LLP

[Virtual] 2022 Legal Summit: Legal Trends in the Workplace and Case Law Updates - October 20th, 8:30 am - 3:30 pm EST

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Cranfill Sumner LLP’s 2022 Legal Summit: Legal Trends in the Workplace and Case Law Updates is a virtual day of learning for insurance adjusters, attorneys, and HR professionals who are particularly interested in North...more

Poyner Spruill LLP

Fourth Circuit Affirms Ruling In Favor of Employer in USERRA Case

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In a decision issued on May 10, 2022, the United States Court of Appeals for the Fourth Circuit affirmed summary judgment in favor of the employer in a case involving alleged wrongful termination in violation of the Uniformed...more

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