Employment Law

Reigning in the Parsons Presumption, Part II

In the Summer, 2016 Edition of this Publication, we addressed certain recent developments with regard to the “Parsons presumption.”  Since that time, a decision by the North Carolina Supreme Court and subsequent action taken by the General Assembly of North Carolina has further clarified the extent to which the “Parsons presumption” will be applied. By […]

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The Supreme Court Expands The Parsons Presumption

The Supreme Court has issued the much-anticipated decision which impacts the application of the Parsons presumption in claims accepted on a Form 60.  In Wilkes v. City of Greenville, 368PA15 (June 9, 2017), the Employee was involved in a work-related motor vehicle accident.  The defendant accepted the claim via a Form 60, and expressly limited […]

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Industrial Commission Increases Efforts to Identify and Prosecute Uninsured Employers, Part I

Recent developments in the North Carolina Industrial Commission’s efforts to deter employers subject to the North Carolina Workers’ Compensation Act from failing to carry workers’ compensation insurance are worthy of attention by all North Carolina employers. The developments may be of specific interest to those in the Trucking and Transportation sector due to the varied […]

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Cell Phone Litigation

Over the last ten years or so it has become self-evident that distractions related to cell phone use while driving present grave hazards. As a result, individual drivers and commercial carriers have begun to rely on blue-tooth or other hands-free technologies to communicate while driving. The issue for litigation which arises is whether hands-free communication […]

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Reigning in the Parsons’ Presumption

In October of 2015, the North Carolina Court of Appeals issued an opinion in Wilkes v. City of Greenville, __ N.C. App. __, 777 S.E.2d 282 (2015), which created uncertainly for employers across the State – including, but certainly not limited to, motor carriers – regarding the application of the Parsons presumption by expanding the […]

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Dalton Green Details New Federal Rules About Overtime Pay

Dalton Green, a Partner in Hedrick Gardner’s Wilmington office, details new federal rules about overtime pay in a recent feature by the Greater Wilmington Business Journal. “In a matter of weeks, a new federal rule that qualifies millions of additional workers for overtime will be finalized, setting the stage for potentially wrenching changes in the […]

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