By Mark Scruggs Bees are fascinating little critters. Their lifespan is only six weeks. In the spring, they gather pollen to store in their hives. As spring blooms into the summer, bees begin gathering nectar to make honey. As the weather becomes cooler in the fall, they gather sap to caulk the cracks in their […]
By Murphy H. Fletcher Everyone likes a bonus, right? Employees enjoy receiving them, for obvious reasons, and employers use them as a means of rewarding employee achievements and increasing morale. But while paying employees a bonus can seem like a relatively straightforward benefit, depending on how the employer structures the bonus, the bonus can have […]
Editor’s note: On Oct. 31, 2016, the 4th Circuit Court of Appeals agreed to re-hear the case en banc. Oral arguments are tentatively scheduled for Jan. 24-26, 2017. By Will Jamison On March 4, 1789, the First United States Congress met in Federal Hall in New York City. The air was (probably) thick with dust from […]
By Kelly E. Thompson Effectively dealing with highly emotional clients can be one of the most difficult aspects of practicing family law. Emotional clients may find it difficult to make rational decisions about their case, causing them to become entrenched in untenable positions. Emotional clients may also be challenging to communicate with effectively, sometimes hearing […]
By Drew Erteschik and J.M. Durnovich Introduction Most of us left law school with the understanding that so-called “economic liberty” challenges to state regulations will generally fail under rational basis review. That area of the law, however, has changed dramatically. This article looks at the change in three parts: The first part offers a brief […]
By Jonathan Maxwell There are few better opportunities for relaxation and rejuvenation than a long walk. English national trails take it to a new level. In the bracing air along the Seven Sisters, the prominent chalk cliffs overseeing the English Channel, I encounter a fellow hiker who recommends a 13th-century inn in Alfriston as a perfect first night‘s stay. Later, in the gloaming along […]
By Katy Parker The North Carolina Court of Appeals recently ruled that a police officer has a valid property and liberty interest in requiring his employer, the City of Wilmington, to comply with its own established promotional process. When Corporal Kevin Tully of the Wilmington Police Department sat for the sergeant’s test in fall of 2011, […]
By Michael A. Kornbluth Last week the U.S. Court of Appeals for the 9th Circuit held that whether or not a contract should be arbitrated was a question to be decided by an arbitrator, not a judge. In Mohamed v. Uber Technologies, 15-16178 (9th Cir. Sept. 7, 2016), the circuit court used scathing language in reversing the […]
Due to a conflict with two CLE programs, the Constitutional Rights and Responsibilities Section is moving the date of its Annual Meeting and CLE from Jan. 13, 2017 to Feb. 9, 2017. The CLE will focus on HB2 and the legal challenge to that bill, including its impact on employment law related issues as well as […]
By Sean F. Herrmann Retaliation, which finds its way into nearly 45 percent of all charges filed nationwide, remains the most prevalent bias allegation to come across the desk at the EEOC. This has the EEOC’s attention. On Aug. 29, 2016, it issued its Enforcement Guidance on Retaliation and Related Issues, laying out its most […]