Fourth Circuit Reinstates Employee’s Claim That Social Media App Messages Provided Sufficient Notice of a Medical Absence

On August 15, 2022, the U.S. Court of Appeals for the Fourth Circuit held in Roberts v. Gestamp West Virginia, LLC, that an employer’s “usual and customary” notice procedures relating to absences extended beyond the company’s written policies and potentially included social media messages between an employee and manager.

North Carolina Modifies Requirements Governing Pay Notice and Final Wages for Separated Employees

On July 8, 2021, North Carolina Governor Roy Cooper signed Senate Bill (SB) 208, An Act Making Various Changes to the Labor Laws of North Carolina, which includes changes to the pay notice provisions for employees and payment of final wages to separated employees. The amendments to the North Carolina Wage and Hour Act (NCWHA) (N.C. Gen. Stat. § 95-25.1 et seq.) include changes to the employer-provided notice to employees concerning compensation at both the outset of employment and prior to any reduction in pay. S

Time to Vote: Employee and Employer Voting Leave Rights and Obligations for the 2020 Elections

Elections in the United States are scheduled for Tuesday, November 3, 2020. Not only will the office of president of the United States be contested, but all 435 seats in the U.S. House of Representatives and 35 of the 100 seats in the U.S. Senate are up for grabs. At the state level, elections will be held for the governorships of 11 U.S. states and 2 U.S. territories.

Federal Court in North Carolina Tackles Associational Discrimination Claim Brought by Teacher With Disabled Son

On February 26, 2020, in the case of Schmitz v. Alamance-Burlington Board of Education, the United States District Court for the Middle District of North Carolina granted in part and denied in part a motion to dismiss claims for associational discrimination under the Americans with Disabilities Act (ADA), retaliation under the ADA, and wrongful termination in violation of public policy. In the opinion and order, the court paved the way for the plaintiff to pursue associational discrimination claims.

Federal Court in North Carolina Rules Regarding Reasonable Accommodations

On February 24, 2020, the U.S. District Court for the Middle District of North Carolina issued an opinion in Brown v. Martin Marietta Materials, Inc. regarding disability discrimination, reasonable accommodations, and retaliation involving an employee who was unable to return to work following expiration of Family and Medical Leave Act (FMLA) leave. The case offers employers some guidance regarding the undue hardship analysis at a micro and macro level, ensuring compliance with the interactive process, and the best practice for handling requests for finite leave when the possibility of additional future leave is evident.

North Carolina Supreme Court Clarifies Lex Loci Doctrine for Claims Brought Under the Trade Secrets Protection Act

It is now clear what choice of law rule applies to claims brought under the North Carolina Trade Secrets Protection Act (NCTSPA). No North Carolina appellate court had ever answered that question prior to the Supreme Court of North Carolina’s opinion in SciGrip, Inc. v. Osae & Scott Bader, Inc., No. 139A18 (February 28, 2020), a case defended by Ogletree Deakins lawyers Phillip J. Strach and Brodie D. Erwin.

ERISA-Exempt Governmental Plan Withstands Putative Class Action Challenge

Late last year, we wrote about Shore v. The Charlotte-Mecklenburg Hospital Authority, et al., in which former Atrium Health employees filed a putative class action in the U.S. District Court for the Middle District of North Carolina under the Employee Retirement Income Security Act of 1974 (ERISA).