Greensboro Legal Blog
Non-compete Agreements Face Competition
The Federal Trade Commission (FTC) has decided to kick 2023 off with a proposal to ban future and invalidate past non-compete agreements.
Be Active with Pickleball
Pickleball is a rapidly growing sport, with usapickleball.org reporting “over 2,300 registered players and a membership group of just over 53,000.” This size translates into nearly 8,500 locations on the USA Pickleball Places2Play map.
A Thunderstruck Wallet
Have you ever felt annoyed by nasty thunderstorms, snowstorms, or bad weather that impact your day? How would you feel if those storms stopped you from getting to work and resulted in a smaller paycheck? Currently, no laws in North Carolina require employers to pay their employees who have been prevented from working due to severe weather conditions.
A Breach of Good Faith
Often, the parties involved in contract formation want to “win” and ensure the terms are most favorable to their objectives. Despite the pure competitiveness, North Carolina law implies a duty of good faith and fair dealing for those involved in contract formation. With that understanding, can one party enforce the duty of good fair, and fair dealing on their opposing party?
When Can Protected Health Information (PHI) be Disclosed?
PHI (Protected Health Information), outside of a healthcare context, may be disclosed if it relates to matters of national interest or public concern. But of course, a “balancing test” must be performed to determine whether the public policy or interest outweighs the need for individual privacy in particular situations.
Corporate Indemnification
In North Carolina, corporations can indemnify their directors, officers, employees, and agents. Indemnification is an agreement between the corporation and its employee to limit the personal liability of the employee when acting within the scope of their employment or on behalf of the corporation.
Proposed Rules on Classifying Employees
The classification of employees and independent contractors has been a problem for many years. When an employee is misclassified then they do not receive any protection under the Fair Labor Standards Act. These proposed new rules seek to resolve that.
The Valuation of Damages
Have you ever wondered how the damages claimed in a lawsuit are valued? Is it an arbitrary number selected by the plaintiff, by the plaintiff’s attorney, or is it calculated based on certain circumstances? In the state of North Carolina, the assessment of damages is determined on several factors.
A New Liability for Nurses
Since 1932, North Carolina has limited the liability of nurses properly executing the orders of physicians based on the Byrd v. Marion General Hospital case. The decision in Byrd essentially created protection for nurses from legal liability under specific circumstances. This 90-year-old precedent was overturned on August 19, 2022, when the North Carolina Supreme Court ruled on Connette v. Charlotte-Mecklenburg Hospital Authority, thereby creating a liability for nurses.
The Inflation Reduction Act 2022
On August 16, 2022, the Inflation Reduction Act was signed into law and allocated $80 billion to fund the Internal Revenue Service (IRS) over the next 10 years. Here’s more information about the impact and ramifications to you and where to find help.