John D. Cole is a litigator with broad experience across the spectrum of employment law and labor law. For more than 20 years, Mr. Cole has represented employers of all sizes in cases throughout the eastern United States. He has handled numerous cases involving virtually all aspects of employment law before various federal courts, federal and state administrative agencies, and the state courts of North Carolina, South Carolina and Georgia. He has also handled employment arbitration cases before AAA and FINRA.
In the area of traditional labor law, Mr. Cole has successfully handled union campaigns, union elections, strikes and unfair labor practice litigation before the National Labor Relations Board.
Mr. Cole also handles general business litigation cases. He has prosecuted and defended businesses and their interests with regard to non-competition agreements, misappropriation of trade secrets, unfair and deceptive trade practices, computer fraud and abuse, and interference with contracts and business relations. He has secured and/or defended against temporary restraining orders, preliminary injunctions and permanent injunctions. He has also defended and prosecuted business interests in cases involving RICO, fraud and contract issues.
Mr. Cole regularly counsels and advises clients on all aspects of human resources issues and conducts training programs for management, clients and HR groups. He is a frequent speaker for organizations such as the North Carolina Society for Human Resource Management (NCSHRM), the Charlotte Area Society for Human Resource Management (CASHRM), American Foundry Society (AFS) and the Risk Management Society (RIMS).
While earning his B.A. from Washington and Lee University, Mr. Cole was a captain and four-year letterman for the Generals' varsity football team and was twice selected for the all-conference team. He was an officer in the U.S. Army from 1984-1988.
· "Best Lawyers in America" - Employment Law - Management, 2013
E.E.O.C. v. PROPAK LOGISTICS, INC.
U.S. District Court for the Western District of N.C., Asheville Division
Civil Case No. 1:09cv311
Memorandum of Decision and Order | Attorney's Fees and Costs Order
77 Nexsen Pruet Attorneys Named to the 2014 Edition of Best Lawyers in America®
Nexsen Pruet is pleased to announce that 77 attorneys have been named to Best Lawyers in America for 2014.
"Thumbs down: Using Facebook info can be tricky"
Nexsen Pruet employment and labor law attorney John Cole tells the Triad Business Journal that if a business "requires the password and then later doesn't hire the applicant, that can open the company up to a claim of discriminatory failure to hire."
Nexsen Pruet Attorneys Named to the 2013 Edition of Best Lawyers in America®
Nexsen Pruet attorneys have been named to the Best Lawyers in America® list for 2013.
John Cole to Help Businesses Navigate New Legislation
Nexsen Pruet attorney John Cole has been appointed as Director of Governmental Affairs for the North Carolina State Council of the Society of Human Resource Management.
Nexsen Pruet Strengthens Employment & Labor Practice; John D. Cole Joins Charlotte Office
Cole has represented clients from multiple industries such as retail, transportation, service and financial. His accomplishments include serving as lead counsel before the Fourth Circuit Court of Appeals in a multi-plaintiff Title VII national origin harassment and discrimination case for an international construction company that resulting in an affirmed summary judgment.
Immigration Alert: E-Verify Is Currently Unavailable
As of October 1, 2013, employers will not be able to access their E-Verify accounts because of the federal government's partial shutdown.
Newsletter: Exchange Notice to be Delivered to All Employees by October 1, 2013
As part of the ongoing compliance efforts related to the Patient Protection and Affordable Care Act (PPACA), employers who are subject to the federal Fair Labor Standards Act (FLSA) must provide notice to their employees of the existence of health insurance exchange marketplaces no later than October 1, 2013.
Obesity as a Disability Under the ADA: Is it More Likely Now Than Before?
In July, the American Medical Association (AMA) adopted a new policy that officially labels obesity as a disease, "requiring a range of medical interventions to advance obesity treatment and prevention."
Two Supreme Court Rulings Improve Employer's Ability to Defend Against Harassment, Retaliation Claims
On June 24, 2013, the U.S. Supreme Court handed down two critical decisions regarding Title VII of the Civil Rights Act, which improve an employer's ability to defend against employee claims of harassment and retaliation.
How Franchise Systems Can Minimize Risks of Labor Violations
Nexsen Pruet attorneys John Cole, Dedria Harper Kolb, and Corby Anderson discuss ways to guard against wage and hour violations and fines.
Employment Law Update: Background Becomes Battleground
The Equal Employment Opportunity Commission recently filed federal lawsuits against Dollar General and a BMW manufacturing plant in South Carolina based on the EEOC's revised guidance concerning use of criminal background checks.
Employers Beware: NLRB Continues to Target Policies and Agreements
The National Labor Relations Board continues its pursuit of employee handbooks and employment contracts in a series of recent decisions examining the lawfulness of confidentiality and alternative dispute resolution policies and agreements.
To Pay or Not to Pay? The Test for the Unpaid Intern
As the end of another academic year approaches, college students across the country are seeking summer employment opportunities.
"Metalcasting's Legal Climate"
Attorney John Cole discusses the rise of EEOC cases in the metalcasting industry and how businesses can avoid charges.
FMLA's Twentieth Birthday
On February 5, 2013, the Family and Medical Leave Act turned 20 years old. Coinciding with this milestone, the U.S. Department of Labor has issued a new final rule, which codifies further additions and revisions to the FMLA. This newsletter highlights some of the changes.
New I-9 Form Shows More Changes May be in Store for Employers
On March 8, 2013, U.S. Citizen and Immigration Services (USCIS) published a new two-page version of Form I-9, together with six pages of instructions. This article explains some of the notable features of the revised Form I-9.
Update: Noncompete Agreements in SC are Worth More Than the Paper They're Written On
In light of the restrictive nature with which South Carolina courts have historically viewed noncompetition agreements, many people assume they are not enforceable and, in essence, "not worth the paper they're written on." However, in January of this year, the South Carolina Court of Appeals upheld a physician's noncompetition agreement and expanded the scope of enforceable noncompetition agreements in this state.
Employment Law Update: U.S. Supreme Court Set to Define "Supervisor" for Purposes of Title VII
The U.S. Supreme Court recently heard arguments in a case that could have a significant impact on employer liability. Specifically, as the result of an appeal in Vance v. Ball State University, et al, 646 F.3d 461 (7th Cir. 2011), the Court is poised to decide who qualifies as a "supervisor" for purposes of liability under Title VII of the Civil Rights Act.
2012 Employment and Labor Law Final Exam Answer Key
We received a great response to the 2012 Employment and Labor Law Final Exam. Thanks to all of our clients and friends who participated this year.
2012 Employment and Labor Law Final Exam
As 2012 comes to a close, it is time to put your employment and labor law knowledge to the test with Nexsen Pruet's second annual final exam. We will send out answers to the exam in two weeks.
Employment Law Update: Employers Face FCRA Update Deadline of January 1, 2013
Effective January 1, 2013, there is a new form that employers must provide prospective or current employees when conducting background checks subject to the Fair Credit Reporting Act (FCRA).
Employment Law Update: Recent Cases Address Employer Efforts to Protect Confidential Information
In recent months, both the Fourth Circuit Court of Appeals, which has jurisdiction over federal cases in North and South Carolina, and the South Carolina Supreme Court have addressed the issue of protecting trade secrets and confidential information.
Employment Law - Business Immigration Update
Over the past few months, there have been several immigration developments that could have a significant impact on businesses in North and South Carolina. This update summarizes the key developments for employers.
New Rule Makes "Reasonable Factors Other Than Age" Defense More Difficult for Employers
On March 29, the Equal Employment Opportunity Commission issued a final rule making it more difficult for employers to establish a "reasonable factor other than age" defense for disparate impact claims under the Age Discrimination in Employment Act.
Recent Guidelines for Employers of Active Duty & Veteran Service Members
The Equal Employment Opportunity Commission (EEOC) has issued timely and relevant guidance for employers addressing protections afforded veterans under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Americans With Disabilities Act (ADA).
Keep Your Ears Peeled: Employment Law Update on the FLSA's "Anti-retaliation" Provision
In this issue we describe and discuss a recent federal appeals court decision concluding that internal complaints about pay may be protected by the FLSA's anti-retaliation provision.
Employment Law Update: Romance in the Workplace: You, Me and our Employer?
As Valentine's Day approaches, here are some interesting facts for employers to consider.
Recent Ruling that Class Action Waivers are Illegal Shows NLRB Remains Active
On January 3, 2012, the National Labor Relations Board (NLRB) ruled that a class action waiver in a mandatory employment arbitration agreement is illegal.
I-9 Compliance: Avoiding Traps of New Federal Security Features
A redesigned federal document is leading to confusion as businesses try to comply with the I-9 requirement.
Employment Law Update - January 2012
As employers plan for 2012, the inherent risk posed by departing employees presents an opportunity to reevaluate measures used to protect confidential information and trade secrets from the high cost of misappropriation.
NLRB Delays Requirement for Employers to Post Pro-Union Notice
On August 25, 2011, the National Labor Relations Board (NLRB) issued regulations requiring virtually all employers to post a large notice to employees informing them of rights under the National Labor Relations Act (NLRA), particularly their right to unionize. Employers must post the notice beginning April 30th, 2012.
Employment Law Update - December 2011
The EEOC is processing a record number of charges and collecting record settlement amounts. It is pursuing an aggressive systemic enforcement program and focusing on hiring issues. In this edition we discuss what the EEOC is doing and some of the implications for employers.
2011 Employment and Labor Law - Final Exam Answer Key
Last week's final exam generated tremendous response from Nexsen Pruet clients and friends. Congratulations to our winners.
2011 Employment and Labor Law - Final Exam
It's time to test your knowledge of the current state of employment and labor law.
Pro-Union NLRB Presents Challenges to Employers: Employment Law Update - October 2011
Recent pro-union decisions and proposed rules by the NLRB pose challenges for employers.
Wrongful Discharge Claims Limit Employment At-Will Doctrine in North and South Carolina: Employment Law Update - September 2011 Supplemental
Employment in North and South Carolina is at-will, which generally means an employer can terminate an employee at any time without notice. However, both states have long-recognized exceptions to the employment-at-will doctrine, including provisions that an employee cannot be discharged for reasons that contravene the "public policy" of the state.
Employment Law Update - August 2011 Supplemental
This edition is about a United States Supreme Court decision that illustrates the importance of using clear wording when drafting employee invention assignment agreements.
Employment Law Update - August 2011
South Carolina and North Carolina have passed state immigration laws mandating employment verification and imposing penalties for failure to comply.
Employment Law Update - July 2011
Employers are increasingly disciplining workers over misuse of social media. At issue in so-called "Facebook Firing" cases is whether terminating employees for making disparaging online posts, and having policies prohibiting such posts, violates federal labor law.
Employment Law Update - June 2011
This edition analyzes the EEOC's new final regulations implementing the Americans with Disabilities Act Amendments Act of 2008.
Patient Protection and Affordable Care Act: Employment Law Quarterly Breakfast Briefing
Sexual Harassment - Survival Tips and Myths: Employment Law Quarterly Breakfast Briefing
2011 North Carolina SHRM State Conference
Civic & Professional Memberships
· North Carolina SHRM State Council, 2011-2013
· Board of Advisors, Diversity Forum in Charlotte, 2010-2011
· Board of Directors, Charlotte Area Society for Human Resource Management, 2006-2009
· American Foundry Society
· State Bar of Georgia
· South Carolina Bar
· North Carolina Bar
· Mecklenburg County Bar
(Also at Greensboro Office)