In today’s rapidly evolving business environment, it is critical for companies to maintain solid and fair labor and employment relationships with their employees. The Employment Law attorneys at Smith Debnam are experienced legal professionals with an in-depth knowledge of North Carolina employment law.
At Smith Debnam, we regularly guide business owners and employers all across North Carolina and the greater Triangle region, including Raleigh, Durham, Cary, Apex, Holly Springs, Knightdale, Zebulon, and Fuquay-Varina. Smith Debnam’s employment law attorneys are skilled at helping businesses of all sizes set up systems to avoid problems in employment relationships. We can assist with preparing employment handbooks and policies regarding:
We are also prepared to advise in difficult employment law issues. Whether you require legal representation before the Equal Employment Opportunity Commission, or in state or federal court, our litigators are able to assist. When employment conflicts are resolved, our Employment Law professionals can craft the appropriate settlements and releases to ensure they stay that way.
Our employment lawyer professionals understand the importance of working closely with employers to learn the details and specific circumstances involved in each unique situation. Our mission at Smith Debnam is to provide quality, personalized legal services to Employers in the Greater Raleigh area and throughout North Carolina.
“Smith Debnam is comprised of attorneys of excellent legal talent. Work is performed both expertly and timely. This firm is able to address a wide variety of legal services. If I find myself in need of additional legal services, I will not hesitate to go to Smith Debnam. “ – Mike Z.
In March of 2022, we reported the passage of landmark legislation paving a clearer path for individuals to pursue workplace sexual harassment… Read More
As widely anticipated, on October 11, the Wage and Hour Division of the United States Department of Labor (DOL) issued a proposed rule… Read More
It has been the source of speculation for some time that the standard for determining whether entities that have a business relationship are… Read More
In March 2022, we reported on landmark legislation that paved a clearer path for individuals to pursue workplace sexual harassment and sexual assault… Read More
On March 3, 2022, just days before the recognition of International Women’s Day on March 8, President Biden signed… Read More
As previously reported, in September of 2021, the General Counsel for the National Labor Relations Board (NLRB) issued memoranda directing regional offices… Read More
It has been the source of speculation for some time that the standard for determining whether a worker is correctly classified as an… Read More
As further evidence that the Biden administration is laser-focused on protecting employee rights, the United States Equal Employment Opportunity Commission (EEOC), the United… Read More
On Friday, November 5, 2021, the United States Occupational Safety and Health Administration (OSHA) published its highly-anticipated emergency temporary standard (ETS), also known… Read More
During the Obama administration, the National Labor Relations Board (NLRB) aimed at employment policies prohibiting employees’ use of private employers’ equipment, including work… Read More
On October 12, 2021, the United States Occupational Safety and Health Administration (OSHA) sent its highly anticipated emergency temporary standard (ETS), also known… Read More
The North Carolina Wage and Hour Act (NCWHA) governs the payment of wages to workers employed in North Carolina and is enforced by… Read More
The Americans with Disabilities Act (ADA) requires employers to provide a disabled employee reassignment to an existing vacant position for which the employee… Read More
Now that many of us have been vaccinated, what should employers do to ensure a safe workplace in light of lingering threats of… Read More
The Fourth Circuit Court of Appeals, which presides over federal district courts in North Carolina, South Carolina, and Virginia, recently joined several other… Read More
The Computer Fraud and Abuse Act (CFAA) was enacted in 1986 in order to curb unauthorized access to information stored on computers. What… Read More
With the advent of summer, many employers hire high school youth as seasonal employees. Effective May 3, 2021, the North Carolina Wage and… Read More
Now that many of us have been vaccinated, what should employers be doing to prepare for returning to a pre-COVID workplace? Throughout the… Read More
Under the guidance of the Biden administration, the United States Congress continues to move forward with legislation that is intended to provide greater… Read More
The Biden administration has hit the ground running with several items on its agenda which impact the employment relationship. On March 12, the… Read More
With a new Presidential administration comes a new Secretary of the United States Department of Labor (DOL), Boston mayor Marty Walsh. Walsh was… Read More
An issue of key concern to employers now that vaccines are being made available to inoculate against COVID-19 is whether they should require… Read More
The Equal Employment Opportunity Commission (EEOC) has long taken the position that the Americans with Disabilities Act (ADA) requires employers to provide a… Read More
Folks who follow the United States Department of Labor received notification on Monday, September 21, that a significant new rule would soon be… Read More
The federal Fair Labor Standards Act (“FLSA”) codifies the employment relationship as it relates to the payment of wages. The United States Department… Read More
The federal Fair Labor Standards Act (“FLSA”) codifies the employment relationship as it relates to the payment of wages. The amount of overtime… Read More
Ever since the world was introduced earlier this year to COVID-19, questions have been raised in legal circles regarding whether employee exposure to… Read More
As part of the federal government’s response to the COVID-19 pandemic, the Families First Coronavirus Response Act (FFCRA) was enacted on March 18,… Read More
As part of the federal government’s response to the COVID-19 pandemic, the Families First Coronavirus Response Act, P.L. 116-127 (the “FFCRA”) was enacted… Read More
On January 12, 2020, the Wage and Hour Division of the United States Department of Labor announced a final… Read More
With the beginning of a new decade comes further evidence of the National Labor Relations Board’s resolve to roll back prohibitive rulings issued… Read More
Effectively drafted restrictive covenants are valuable tools employers can utilize to protect their proprietary interests. Covenants not to compete and covenants not to… Read More
On Tuesday, August 27, 2019, President Trump formally nominated Eugene Scalia to serve as Secretary of the United States… Read More
In the midst of the Harvey Weinstein scandal, in October of 2017, actress Alyssa Milano… Read More
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex and… Read More
For federal contractors in North Carolina…now is your opportunity to provide input regarding prevailing wage rates under the Davis-Bacon Act (DBA). The DBA… Read More
As tributes to former President George H.W. Bush’s legacy continue in the wake of his passing, I find myself reflecting… Read More
In November 2017, the United States Senate confirmed Peter Robb as the new General Counsel for the National Labor Relations Board (“NLRB”). On… Read More
In June of 2015, in response to former President Obama’s mandate that it take steps to ensure that employees are compensated fairly, the… Read More
Last year, the federal Office of Management and Budget announced a plan “to make government lean, accountable, and more efficient.” Cited as the… Read More
On June 25, 2018, North Carolina Governor Roy Cooper signed House Bill 774 into law, providing judges with discretion for reducing civil barriers… Read More
On May 21, 2018, in three cases in which employees sought to pursue collective claims against Epic Systems Corp., Ernst & Young, LLP,… Read More
Although electronic signatures have maintained an “equivalent to paper signature” status in North Carolina since 1998, their current use in commerce has remained… Read More
On February 21, 2018, in the case of Digital Realty Trust, Inc. v. Somers, the United States Supreme Court unanimously decided that employees… Read More
A New Plan or More of the Same? On February 12, 2018, the United States Equal Employment Opportunity Commission (EEOC) published its Strategic… Read More
You thought it was dead – but the United States Department of Labor (DOL) announced on October 30 that it plans to appeal… Read More
Restrictive covenants are valuable tools employers can use to protect their proprietary interests. Covenants not to compete and covenants… Read More
On August 11, 2017, Governor Roy Cooper signed into law the Employee Fair Classification Act. While the Act does not change the definition of… Read More
On May 16, 2017, the United States Court of Appeals for the Fourth Circuit, which governs cases pending in North Carolina, issued an… Read More
On January 25, 2017, the United States Court of Appeals for the Fourth Circuit, which governs cases pending in North Carolina, issued two… Read More
Under the Immigration Reform and Control Act of 1986 (IRCA), employers are required to complete a Form I-9 for each new employee hired… Read More
On December 12, 2016, the United States Equal Employment Opportunity Commission (EEOC) issued an informal resource document which serves to remind employers of… Read More
Gender issues have recently come to the forefront with laws like North Carolina’s much-talked-about HB 2. In recognition of these issues, the U.S. Read More
A constructive discharge under Title VII of the Civil Rights Act of 1964 occurs when an employee is not discharged by an employer,… Read More
The United States Equal Employment Opportunity Commission (EEOC) recently published annual statistics about charges it files on behalf of employees. A whopping 44.5%… Read More
This past November, actor Charlie Sheen announced that he is HIV-positive. As a public figure, Sheen sees the need for a national conversation… Read More
Restrictive covenants are a valuable tool employers use to protect their proprietary interests. Non-compete covenants and non-solicit covenants are the most common forms… Read More
“TEST DRIVES” MAY NOT LET COMPANIES OFF THE HOOK FOR JOINT EMPLOYER LIABILITY UNDER TITLE VII It is common for employers to utilize… Read More
The Department of Labor has announced new rule changes that expand overtime protections under the Fair Labor Standards Act (FLSA) – changes… Read More
Contracts are just agreements, typically in writing. Contracts keep the business world humming along like a well-oiled machine. Unless one party seeks help,… Read More
Pregnancy Complications: Supreme Court Clarifies What Is Appropriate In Accommodating Pregnant Workers On March 25, 2015, the United States Supreme Court… Read More
Effective January 1, 2015, OSHA is expanding its reach by requiring employers to file a report with OSHA if the following events occur… Read More
Under federal law, use of racial epithets must either be severe or pervasive in order for an employee to assert a claim for… Read More
The Equal Employment Opportunity Commission (EEOC) has stepped-up its activity with regard to severance agreements, announcing in February that it… Read More
On April 29, the United States Fourth Circuit Court of Appeals, a federal court which governs cases in North Carolina,… Read More
On February 7, the Equal Employment Opportunity Commission (EEOC) announced that it was filing suit against CVS Pharmacy, alleging that it utilized a… Read More
Let’s assume that you have an employee who breaks his leg. His consulting physician tells him that he won’t walk normally for a… Read More
Senator Elizabeth Warren (D-Mass.) introduced the Equal Employment for All Act in December, which would prohibit the use of consumer credit checks in… Read More
A recent US Court of Appeals decision reinstated a school janitor’s discrimination claim based in part on principles taken from an old French… Read More
On May 7, 2013, the United States Court of Appeals for the D.C. Circuit struck down the National Labor Relations Board’s August 2011… Read More
Federal courts recently confirmed that FMLA leave status is not a shield from termination for an employee when legitimate performance issues are uncovered. Read More
On August 9, 2013, a federal district court judge in Maryland dismissed a Title VII suit filed by the Equal Employment Opportunity Commission… Read More
In April 2013, I reported that the United States Supreme Court had agreed to hear arguments in a case in which a Texas… Read More
On March 18, 2013, the United States Supreme Court agreed to determine whether state and local government workers may file constitutional claims of… Read More
On April 24, 2013, the United States Supreme Court will hear arguments from a Texas hospital asking the Court to raise the burden… Read More
In a January 25 unanimous decision in the case of Noel Canning v. NLRB, the United States Court of Appeals for the D.C. Circuit… Read More
Employers are well advised to audit and tighten their pay and recordkeeping practices as the US Department of Labor (DOL) Wage and Hour… Read More
In November 2011, the United States Department of Health and Human Services Office for Civil Rights (OCR) announced a new effort to audit… Read More
We recently reported that in March of 2010, the Patient Protection and Affordable Care Act (better known as the Health Care Reform Bill)… Read More
In May of 2008, Congress enacted the Genetic Information Nondiscrimination Act (GINA). This Act was enacted as a result of concerns that advancements… Read More
One of the lesser heralded provisions of the Patient Protection and Affordable Care Act (better known as the Health Care Reform Bill) enacted… Read More
Most employers know that an employee cannot be fired for making a legitimate discrimination complaint. However, the law is not so simple. An… Read More
In August 2004, the Department of Labor’s (DOL) long-awaited, and often hotly debated, new regulations designed to update and clarify the Fair Labor… Read More
