Morningstar Law Group – Raleigh Law Firm – Durham NC Attorneys

Insights - Litigation

The attorneys at Morningstar Law Group are leaders who are frequently asked to share their legal insights and expertise. Here is a sampling of the wisdom our attorneys are sharing at industry conferences, in published articles, and at continuing legal education events.

Insight

New Jersey is Latest US State to Ban Salary History Inquiries in Recruiting

August 15, 2019

New Jersey is the 17th U.S. State to enact restrictions on employers’ inquiry into and use of salary histories in recruiting and employment decisions.  NJ’s new Salary History law goes into effect on Jan 1, 2020. The law makes it an unlawful employment practice for an employer to: screen a job applicant based on the applicant’s…

Insight

Workforce Alert: Just over 60 Days Left to Comply with NY’s New Sexual Harassment and Discrimination Avoidance Training Law

August 1, 2019

The State of New York implemented new employee training regulations effective October 9, 2018, with compliant training for existing employees to be first completed by October 9, 2019.  The law requires sexual harassment and discrimination avoidance training for all employees who spend any time working in the State of New York, regardless of the size…

Insight

Workforce Alert: New Statute Grants Virginia Employees Access to Certain Employment Records

July 2, 2019

As of July 1, 2019,  Virginia Code §8.01-413.1 becomes effective, requiring employers to provide both employees and former employees (or their attorney) copies of all records or papers retained by the employer in any format reflecting: (i) the employee's dates of employment with the employer; (ii) the employee's wages or salary during the employment; (iii) the employee's…

Insight

2019 CLE: Issue-Spotting on Background Checks

May 10, 2019

At Morningstar Law Group's annual CLE program, Amie Carmack andEric R. Hunt addressed current issues related to contracting with third parties to perform background and other checks on prospective employees and contractors. Click here to review their presentation.

Insight

2019 CLE: Arbitration in a Nutshell

May 10, 2019

At Morningstar Law Group's annual CLE program, Amie Carmack and Hank Gates provided practical tips for increasing the advantages of arbitration, advice on drafting enforceable arbitration provisions in employment agreements, and tips on procedure under the Federal Arbitration Act (“FAA”). Click here to review their presentation.

Insight

NEW YORK INCREASE IN EXEMPT EMPLOYEE SALARY THRESHOLD 

November 20, 2018

New York has recently increased the required salary basis threshold for executive and administrative employees to be classified as exempt from minimum wage and overtime purposes. To remain exempt, in addition to meeting the duties test for their applicable exempt category, their base salaries must meet the applicable new salary basis threshold by the end…

Insight

Supreme Court Decision in Lexmark Case Delivers Blow to Patent Holders

June 1, 2017

By Jennifer Van Doren, Partner, Morningstar Law Group The U.S. Supreme Court issued its decision in Impression Products, Inc. v. Lexmark International, Inc. on May 30, 2017.  In it, the Court continued its recent expansion of the patent exhaustion doctrine, delivering a blow to patent holders and finding that a patent holder (or “patentee”) cannot…

Insight

A TEXAS FEDERAL JUDGE HAS SUSPENDED NEW OVERTIME REGS EXEMPT EMPLOYEE SALARY THRESHOLD INCREASES ON HOLD

November 23, 2016

A Texas United States District Court Judge issued a nationwide preliminary injunction yesterday afternoon (Tuesday, November 22), preventing the U.S. Department of Labor from implementing the new overtime rules set to take effect next week, on Thursday, December 1, 2016, requiring a minimum annual salary of $47,476 for employees to qualify for white collar exemptions…

Insight

Update OSHA Reporting Procedures Now! OSHA Final Rule on Electronic Submission of Workplace Injury and Illness Reports Takes Effect January 1, 2017

October 5, 2016

By Amie Carmack The Occupational Safety and Health Administration's long-awaited final rule on electronic submission of workplace injury and illness reports takes effect on January 1, 2017 and will be phased in over two years. The new rule requires that establishments with at least 250 employees submit electronic copies of all of their illness reports, logs…

Insight

North Carolina Supreme Court Holds that Highway Corridor Reservation Maps Constitute Takings

June 16, 2016

By William J. Brian, Jr. On June 10, 2016, the N.C. Supreme Court held that the recording of highway corridor reservation maps by NCDOT pursuant to a statute known commonly as the Map Act constitute takings of the property rights of the affected landowners for which NCDOT must pay them just compensation.  In so doing,…

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