Morningstar Law Group – Raleigh Law Firm – Durham NC Attorneys

Insights - Employment 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

Q: An employee notified management late this afternoon that their partner might have COVID-19 but cannot be tested until Monday. What should we do?

March 17, 2020

Answer: Ask the employee to voluntarily stay home pending the test, and advise them to get medical attention if they experience known symptoms of COVID-19 (fever and cough).  If the employee can work from home, that would be ideal.  If not, PTO or other paid or unpaid leave policies could be used.  STD and ADA […]

Insight

Q: Should we impose limits on business travel as a result of the COVID-19 pandemic? What about personal travel?

March 17, 2020

Answer:  The State Department and Center for Disease Control (CDC) have been providing international travel guidance for weeks and in the case of some locations, months.  Along with other developments last week, on Friday, President Trump declared COVID-19 a national emergency and the CDC warned Americans about traveling within the United States, bringing travel precautions […]

Insight

Q: The Governor issued an Executive Order closing public schools and banning mass gatherings of 100 or more people. What impact does this have on my workforce management?

March 17, 2020

Answer: The North Carolina Governor’s Office issued an Executive Order Saturday, March 14, 2020 banning gatherings of more than 100 people and directing the closure of K-12 public schools to limit the spread of COVID-19 (The “Order”)).  https://files.nc.gov/governor/documents/files/EO117-COVID-19-Prohibiting-Mass-Gathering-and-K12-School-Closure.pdf.   This Order will have an immediate impact on workforces across the State. For the duration of the […]

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

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 […]

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