North Carolina Retaliatory Employment Discrimination Act (REDA)

The North Carolina Retaliatory Employment Discrimination Act (REDA) prohibits an employer discriminating or retaliating against an employee because he or she files or threatens a workers’ compensation claim. While there are procedural steps that must be strictly adhered to, if the employee is able to prove his or her case before a jury, the damages […]

Using IRS 20 Factor Test to Assist in Employment Disputes

The question of whether a business’s workers are employees or independent contractors is a common issue for Wake County small businesses.  A worker’s employment status creates numerous potential litigation exposures including tax liability for employee withholding wages as well as civil suits under the Fair Labor Standards Act and/or the North Carolina Wage and Hour […]

Draws, Loans, Salaries in North Carolina Commission Based Employees

North Carolina employers often pay sales employees via commission only.  Alternatively, business owners may seek to advance funds to the employee until the employee starts accumulating commissions. Often, employers will refer to this as a draw or a loan.  Employees may think of this as their salary.  There are important legal issues stemming from that […]

Timely Pay for Terminated Employees

Most employers are aware of the employee at-will doctrine, whereby a worker can be terminated at any time for any reason, other than for a basis which violates state or federal law. Because of this rule, wrongful termination is a difficult claim for ex-employees to prove in North Carolina. However – while employers generally can […]