Law Blog

Pain Killer Limits for Workers’ Compensation Claimants? North Carolina’s Dramatic Proposal to Fight the Opioid Crisis

Like many states, North Carolina has been hit hard by the opioid crisis, and workers’ compensation claimants are particularly vulnerable, because they must find a way to control their pain, so they can get back to work. Like many folks experiencing severe pain, injured workers often fall victim to prescription opioid addiction. Sometimes prescription addiction even leads to the use of illegal drugs, when pain continues but prescriptions run out. The North Carolina Industrial Commission, which oversees workers’ compensation claims, is hoping to reduce addiction among workers’ compensation claimants by proposing rules reducing the availability

Posted in Workers' Compensation Tagged with: , ,

When The Company Calls You An Independent Contractor, But Controls You Like An Employee

Do you work for an employer that promised you the opportunity to own your own business?  Did that employer help you get started in the “business,” but now tells you what to do every day?  Does the company dictate what time you go to work and what price you get paid for your services or for the products you sell?  In that situation you likely don’t feel very independent, and in fact, your company may be skirting the law and may owe you money.  You may not have the social security, Medicare, unemployment and workers’

Posted in Employment Law Tagged with: , , ,

Congress and the President Just Increased Taxes on Confidential Sexual Harassment Settlements – Will They Fix It?

You may have heard that the Tax Cuts and Jobs Act, the one that gives corporations permanent tax cuts, was passed in a hurry.  There was talk about members of congress writing provisions by hand during the wee hours of the morning.   The bill was signed into law on December 22, 2017 and went into effect just a little over a week later.  Now that the dust has settled, we can see at least one provision wasn’t thought out very well. First, as part of the drafting process there was the Stop Tax Breaks For

Posted in Sexual Abuse and Harassment Tagged with: ,

You Might Have the Right to Take Your Sexual Harassment Case to Court if This New Bill Passes

A North Carolina employment attorney can tell you if the employment agreement you signed took away your rights to sue in court in exchange for a job.  And if you gave up those rights, and are fired wrongly in North Carolina, or if you are sexually harassed or discriminated against, you will not be able to go to court.  You instead might go in front of arbitrators, who are lawyers or former judges in part picked by the employer’s lawyer.  That kind of forced arbitration can stack the deck against you. A new bill introduced

Posted in Employment Law, Labor and Employment, Sexual Abuse and Harassment, Legislative Action

How to Avoid a #MeToo Experience with a Massage Therapist

How to Avoid a #MeToo Harassment Experience with a Massage Therapist

There is nothing like a good massage at a spa where you feel safe. Turns out some massage therapists are dangerous. Recently BuzzFeed said that more than 180 women around the USA have complained they were sexually assaulted by employees of Massage Envy. Some of the women filed lawsuits which have since settled. Since the announcement, Illinois Attorney General Lisa Madigan has subpoenaed a number of documents from Massage Envy locations in that state, as well as from corporate headquarters in Arizona. Madigan is looking for corporate policies, employee training, information about lawsuits, sexual misconduct

Posted in Cases in the News, Sexual Abuse and Harassment Tagged with: , ,

What if My Trucking Company Doesn’t Have Workers’ Comp Insurance?

What if My Trucking Company Doesn't Have Workers Comp Insurance

Here is why you need an experienced North Carolina workers’ compensation attorney. You sign up with a trucking company to become one of their drivers. You may travel from your home in North Carolina to another state to finish your application. Or you live outside of North Carolina. You probably take tests for the company in that other state, and they give you a lot of paperwork to sign. One paper in the pile is for occupational accident insurance (OAI). You sign it and everything else they give you, and you have a job. You don’t

Posted in Workers' Compensation Tagged with: , ,

You Can Still Report Sexual Abuse that Happened Long Ago

In some states, if you were molested by an adult when you were a child, there isn’t much you can do about it decades later.  For example, even though former North Carolina Episcopal priest Howard White Jr. admitted in 1974 that he raped a 14-year old boy in Providence, Rhode Island, no one reported it to police at the time.  Now it’s too late for prosecutors in the State of Rhode Island to seek justice, because of that state’s statute of limitations on felony child sexual abuse.  You can read the story about Rev. White

Posted in Sexual Abuse and Harassment Tagged with: , , ,

Stay Safe with National Prescription Drug Take Back Day

National Prescription Drug Take Back Day is October 28th

Take unused drugs back October 28! Billions of prescription drugs are in our drawers and medicine cabinets right now. Doctors wrote almost 4,000,000 prescriptions last year! While some of those are prescribed in hospitals, about half of us took a prescription drug in the last month. Many take three or more drugs on a regular basis. Medicine is sometimes left hanging around for years. Many people stop taking their medications when they no longer think they need them. Maybe they don’t like the side effects or think they didn’t work. That can be dangerous! Some studies say that only

Posted in Cases in the News Tagged with:

You Won’t Believe This Attack on Justice in North Carolina

Gavel and text "Attack on Justice in North Carolina"

Sometimes judges in North Carolina don’t get the respect they should. They often have large caseloads. They have to know the law in lots of different areas. And most have to run for office every eight years. It takes time to go through that process, and when judges run statewide, they have to cover a lot of ground. Now the North Carolina General Assembly (your NC legislature) has introduced a bill to change the NC Constitution so that judges will have to run every 2 years! Judges would have to raise money and campaign all

Posted in Cases in the News, NC Legislature Tagged with: ,

Should your Employer Give You Sick Leave?

Should Your Employer Give You Sick Leave

Your favorite department store may not be treating its employees fairly. Walmart has been accused of punishing workers who take sick days. A recent NY Times article reported on a study completed by A Better Balance: The Work and Family Legal Center. The report, “Pointing Out: How Walmart Unlawfully Punishes Workers for Medical Absences,” details Walmart’s “three strikes and you’re out” policy, and how it hurts workers who take sick days. More than 1000 employees completed a survey and it was found that Walmart routinely refuses to accept doctors’ notes, penalizes workers who need to

Posted in Employment Law Tagged with: , , ,

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