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
Wage & Hour Compliance & Litigation
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Moore & Van Allen’s Employment and Labor Attorneys advise clients with regard to all aspects of employee pay issues, including properly classifying employees as exempt or non-exempt from Fair Labor Standards Act (FLSA) overtime rules; ensuring that relationships with independent contractors are not more likely to be determined to be employment relationships; and determining appropriate pay periods, compensable employee time, allowable withholdings, appropriate pay and the time to make payment upon termination, and whether and when pay will be required for unused vacation and sick days. Our attorneys also advise on when it may be appropriate to use a Department of Labor-approved pay plan for non-exempt employees, and how overtime should be calculated under such a plan.
Our attorneys litigate cases nationwide concerning wage and hour issues, both those issues governed by state law and those governed by federal law, and we are experienced in defending FLSA “collective action” cases. Our attorneys also assist clients when the Department of Labor investigates their pay practices.
news
- Litigator Gwaltney Speaks About Defendant Class Actions
- McGinnis Published in Labor & Employment Book
- Employment Seminar Covers Hot Topics
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.