Practice Contact(s)
- Richard (Dick) F. Kane
(Charlotte) - Karin M. McGinnis
(Charlotte) - Bruce E. Miller
(Charleston) - Paul J. Peralta
(Charlotte) - John A. Zaloom
(Research Triangle)
Practice Group
- Employment & Labor
- Employment & Noncompetition Agreements & Trade Secrets Protection
- Employment Discrimination & Retaliation Law
- FMLA, ADA, & Employee Leave
- General Workplace Issues
- Government Contractors/ Affirmative Action
- Labor Relations
- Layoffs, Terminations, & Reductions in Force
- Sarbanes-Oxley, Whistleblower, & Internal Investigations
- Wage & Hour Compliance & Litigation
- Workers Compensation & Workplace Safety
FMLA, ADA, & Employee Leave
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Moore & Van Allen’s Employment and Labor Attorneys advise clients with regard to all aspects of employee leave issues, including the Family and Medical Leave Act, the Americans with Disabilities Act, general leave benefits such as vacation, sick leave, maternity and paternity leave, school visitation leave, and other leave required under applicable state and federal law, as well as the often convoluted intersection of these laws and leave requirements with each other and with disability plans and workers compensation benefits. Our experience covers not only advice regarding how to best handle employees on or seeking such leave, but also crafting policies and related documents in compliance with the law and client needs, conducting audits, and handling investigations and claims before administrative agencies. Our attorneys also have successfully defended claims and litigation under these laws, including claims of discrimination and refusal to accommodate under the Americans with Disabilities Act and under state law, interference with FMLA rights, and failure to provide vacation benefits as required by state law. Our lawyers pride themselves on making this complicated area of the law more manageable and finding ways for clients to comply with the law that will not interfere with the effective and efficient operation of their businesses.
news
Publications
- Workplace Violence Prevention Act
An employee receives an actual threat of workplace violence—what do you do? Effective December 1, 2004, North Carolina employers have another tool to help prevent workplace violence. The recently enacted Workplace Violence Prevention Act allows employers to seek a civil no-contact order on behalf of an employee who has been threatened with or actually suffered physical harm as a result of an individual’s action.
- Fair Credit Reporting Act and Third Party Investigations
An employee commits an alleged act of misconduct. You, the employer, decide to have an outside firm investigate. The investigation should be conducted in accordance with the safe harbor provisions of the Fair Credit Reporting Act (FCRA) to avoid the advance consent and disclosure requirements of FCRA.