Month

May 2021
The North Carolina Retaliatory Employment Discrimination Act (NCREDA) prohibits employers from retaliating against or penalizing employees for engaging in certain protected activities. N.C. Gen. Stat. Ann. §§ 95-240 to 95-245. In general, the activities protected by NCREDA involve employees in good faith taking action or threatening to take action under certain North Carolina worker’s rights...
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In Coleman v. Ct. of Appeals of Maryland, 566 U.S. 30, 132 S.Ct. 1327 (2012), the Supreme Court held that Congress did not validly abrogate States’ sovereign immunity from suits for money damages in enacting FMLA’s self-care provision. Consequently, State employees are not able to sue their State employers for money damages arising from violations...
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North Carolina’s Lawful Use of Lawful Products Statute, N.C. Gen. Stat. Ann. § 95-28.2, prohibits employers from discriminating against employees for lawfully using lawful products during non-working hours.  The law was likely originally enacted to prevent employers from trying to forbid tobacco or alcohol use by employees outside of working hours. In light of the...
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