Employee Status in Overtime and Minimum Wage Cases

Employers often review IRS tax regulations to determine whether or not their workers should be classified as employees or independent contractors.  Case law under the Fair Labor Standards Act tends to reflect that a worker is more likely to be considered an employee for purposes of overtime and minimum wage analysis. If you are a business […]

North Carolina Wage Claims for Employee Unpaid Vacation Time

States vary as to whether or not vacation pay or sick leave pay must be paid to employees when their period of employment ends with a company.  Although North Carolina does not require employers to provide paid time off, if the employer does promise vacation pay or vacation time off with pay, then the employer […]

Attorney Fees in North Carolina Business Contracts and Collection Cases

Although the American legal system generally requires that parties bear their own costs, including attorney fees, North Carolina does provide the ability for a court to include attorney fees as part of a judgment in certain situations.  Some of these situations include construction contracts relating to contractor and subcontractor lien statutes, unfair and deceptive trade […]

Collections from a Limited Liability Company

Our law firm is often asked by our business clients about the benefits in protection from individual personal liability as a result of organizing their small business as a Limited Liability Company. LLCs generally protect company debts from being attributable to a debtor personally. However, what about the converse? Can a debt owed by an […]

North Carolina Examination Under Oath (EUO) Attorney | Raleigh Insurance Coverage Lawyer

Nearly all insurance policies contain a clause entitling the insurer to take an examination under oath (EUO) of the insured.  In North Carolina, the provision is most commonly invoked in the context of homeowner’s insurance claims.  For the vast majority of property damage and personal property claims, the insurer will pay for the loss based […]

False Claims Act Attorney | Federal Civil Litigation Defense Lawyer

The False Claims Act (31 USC 3729, et seq) is an important federal law that creates civil liability for those that defraud the government.  A company or individual that submits a false claim for payment to the government can become subject to liability of up to three (3) times any actual damages.  Civil penalties of […]

Breach of Contract and Unfair/Deceptive Trade Practices Claims

Contract disputes are part of doing business. In most cases, the party on the other side is simply unable, or unwilling, to live up to its side of the bargain. Sometimes, though, the other party has acted with more sinister motives and has completely misrepresented itself or otherwise acted maliciously to harm your business. Even […]

Raleigh Business Litigation Attorneys

a woman about to sign a document while someone hands her a pen with one hand, and money in the other hand

Whether you are the sole member of a small limited liability company or the president of an international corporation, the chances are that you will eventually need the assistance of a seasoned business litigation attorney. The Raleigh business litigation law firm of Maginnis Howard represents dozens of local, national, and international business, including companies involved […]

North Carolina Contingency Fee Attorneys

Do you need a lawyer but may not be able to pay an hourly fee? The majority of people who are forced to consider filing a lawsuit have been severely financially impacted by the possible defendant. In the time they need a lawyer the most, they have the least ability to pay. On an hourly basis, […]

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 […]