Archives of Newsletter Articles

Updates to NC Unemployment Released

In anticipation of employee layoffs, Governor Cooper announced that North Carolina is waiving requirements typical for unemployment benefits. Under his new Executive Order, changes to the unemployment process include: Removing the one-week waiting period typically required before someone can apply for benefits. Those unemployed and seeking benefits will not be required to look for additional […]

Governor Cooper Asks SBA for Assistance Amid COVID-19

Gov. Roy Cooper requested the U.S. Small Business Administration (SBA) grant a disaster declaration for business owners in North Carolina facing economic losses due to the coronavirus. The declaration would provide disaster loans to impacted businesses and nonprofits to help meet financial obligations and cover the costs of operating expenses. Follow developments here .   […]

Physician Issues and COVID-19: Mandatory Reporting Obligations, HIPAA, and the Ethical Use of Quarantine/Isolation Measures

As the number of reported cases of novel coronavirus (“COVID-2019”) continues to increase both across the country and internationally, physicians in North Carolina have begun to ask about their duties to report infected patients, as well as other treatment issues that may arise during outbreaks of infectious disease. On February 3, 2020, the North Carolina […]

Are You Personally Responsible for Business Tax Liability? Don’t Be (Unpleasantly) Surprised.

Did you know that business executives and even rank-and-file employees can be held personally liable for corporate tax obligations in some circumstances? Where corporate obligations remain unpaid (for example where the employee share of taxes are withheld from paychecks but never remitted to the government) the IRS may go looking for a “responsible person“ – that […]

Federal Health Care Investigators to Audit Medicaid Telehealth in Behavioral Health in 2019, 2020

Several months ago, the Department of Health and Human Services’ Office of Inspector General (“OIG”) announced its plans, beginning in 2020, to examine how state Medicaid managed care organizations (“MCOs”) provide behavioral health services via telehealth. The OIG announced that it will review “monitoring and oversight” of telehealth services as well as state and MCO practices, […]

CBD Use Is Legal…Right?

Employers: Do you conduct drug tests on applicants or employees? What will you do if the reason for a failed result is the use of CBD? What if the person is disabled? CBD (cannabidiol) oils and other products are advertised and sold in countless stores, from health food stores to gas stations and gyms. Accurately […]

Employee Files EEOC Charge, Then Copies Five Confidential Coworker Files

Q: Protected Title VII Activity? A: Not When This Also Breaks State Law. Employer Pop Quiz: If an employee has filed a charge with the EEOC alleging discriminatory discipline, then that same employee reviews, copies, and distributes confidential personnel files of coworkers, all without authorization, can you fire her for that? As usual, the answer is: […]

North Carolina Court of Appeals Rules Non-Compete and Liquidated Damages Provisions Unenforceable for Public Policy

InAesthetic Facial & Ocular Plastic Surgery Center, P.A. v. Zaldivar, the North Carolina Court of Appeals last month unanimously affirmed a lower court’s ruling that a former employer’s restrictive covenants against a highly specialized physician were unenforceable because they would harm public health by restricting patient access to a scarce medical resource in violation of […]

DOL Proposes Rule to Raise Salary Threshold for FLSA Overtime Exemptions

We know many of you have been awaiting word on new salary thresholds since the Obama administration’s 2016 proposal was struck down by the courts. Here is the new proposal in a nutshell: “White collar” exemption salary threshold is planned to increase by $11,648 To $679 weekly ($35,308 annually) From $455 weekly ($23,660 annually) Expected effective […]