Document(s) published by this organization: 38
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|Independent Contractors: The NLRB Refines its Standards|
Jimmy Byars, David Robinson; Nexsen Pruet, LLC;
November 17, 2014, previously published on November 6, 2014Whether an individual is classified as an independent contractor or an employee has significant legal implications, because most federal and state employment laws do not apply to independent contractors. Independent contractors often afford companies greater flexibility with their workforce,...
|The Justice Department’s New Policy on Waiving Claims of Ineffective Counsel; What it Means for Carolina Courts|
Mark Carroll Moore; Nexsen Pruet, LLC;
November 17, 2014, previously published on November 3, 2014Recognizing that the “right to effective assistance of counsel is a core value” of our justice system, Deputy Attorney General James Cole issued a memo to federal prosecutors instructing them that they should no longer enter into plea agreements requiring that defendants waive their...
|Tech Support - The FLSA’s Specialized Exemption|
Jimmy Byars; Nexsen Pruet, LLC;
November 3, 2014, previously published on October 22, 2014The Fair Labor Standards Act (FLSA) provides several exemptions from overtime requirements for employees whose job duties meet specific tests. Most employers are familiar with the standard “white- collar” exemptions - including the “executive” and...
|South Carolina Property Tax Assessments: Should I Appeal?|
Nexsen Pruet LLC;
November 3, 2014, previously published on October 21, 2014Understanding South Carolina's real and personal property tax structure involves a trip back to your high school algebra class.
|Brand Standards Are for Everyone|
Ted P. Pearce; Nexsen Pruet, LLC;
October 22, 2014, previously published on October 14, 2014Now more than ever, it is important to understand brand standards: why they are set; how they affect franchisors, franchisees, and customers; and what the boundaries of brand enforcement policies should be.
|Premises Liability 101: Business Owner Liability for Crimes on Their Property|
Paul Dominick, Ed Hughes; Nexsen Pruet, LLC;
October 6, 2014, previously published on September 30, 2014The legal theory of premises liability holds property owners responsible for accidents and injuries that occur on their property. The law in this area is highly developed and can differ from state to state. Premises liability claims are wide ranging - from slip-and-fall accidents to intentional...
|Title VII at 50: What's New?|
Cherie Blackburn; Nexsen Pruet, LLC;
September 9, 2014, previously published on September 3, 2014This summer marked the 50th anniversary of the Civil Rights Act of 1964, legislation first introduced by President John F. Kennedy in response to the growing civil rights movement. For employers, the most important component of the act is Title VII, which prohibits employment discrimination on the...
|An Update of Flow Control Jurisprudence since United Haulers|
Tommy Lavender; Nexsen Pruet, LLC;
September 2, 2014, previously published on August 29, 2014Since United Haulers Association v. Oneida-Herkimer Solid Waste Management Authority, 550 U.S. 330, 344 (2007), most courts have upheld local flow control ordinances as constitutional under that holding. Plaintiffs in the cases since United Haulers have asserted a multitude of arguments in an...
|“P3” is Way More than a New Buzzword|
Jeff Reichard; Nexsen Pruet, LLC;
August 20, 2014, previously published on August 19, 2014August 23rd marks the one-year anniversary of House Bill 857 (“HB 857”) becoming law in North Carolina. Through the enactment of HB 857, the Tar Heel state opened its doors to what is commonly referred to across the country as “P3,” which is shorthand for public-private...
|Actions May Speak Louder than Words: Can Franchise Agreements Protect Franchisors from Liability as Joint Employers?|
David Dubberly, Ted P. Pearce; Nexsen Pruet, LLC;
August 14, 2014, previously published on August 5, 2014The National Labor Relations Board (NLRB) has created a buzz within the franchise community by announcing that McDonald's may be responsible as a "joint employer" for alleged unfair labor practices of some of its franchisees. Employees of franchisees have filed more than 180 unfair labor...