Employment Law Attorneys - Daggett Shuler Law

Experienced Employment Lawyers Standing Up for North Carolina Workers

Every member of the Triad community deserves to experience a workplace environment that fosters respect, dignity, and equality. In North Carolina, state and federal laws protect your fundamental right to work without fearing discrimination based on race, color, religion, sex (including sexual harassment, pregnancy and related conditions, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information. However, workplace harassment and discrimination still happen every day.

If you believe you have been subjected to unlawful discrimination in the workplace, it’s crucial to understand that you have the power to speak up and seek justice. With the dedicated support of an experienced employment lawyer at Daggett Shuler, you can assert your rights confidently and navigate the legal process with clarity and determination. Our labor lawyers at Daggett Shuler are committed to standing by your side, advocating for your rights, and working tirelessly to ensure you receive the justice and fair treatment you deserve.

North Carolina is an At-Will Employment State

An at-will employment state means that employers can terminate employees at any time and for any reason, as long as the reason is not illegal, such as discrimination or retaliation. Similarly, employees have the right to resign at any time, with or without notice, and for any reason.

North Carolina follows the common law principle of at-will employment, which is based on the idea that employment relationships are voluntary and can be terminated by either party at any time. This principle is reinforced by statutes and court decisions that uphold the at-will doctrine in North Carolina.

However, it’s important to note that there are exceptions to the at-will employment rule. For example, employers cannot terminate employees for discriminatory reasons prohibited by federal or state law, such as race, color, religion, sex (including sexual harassment, pregnancy and related conditions, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information.. Additionally, employers cannot terminate employees in retaliation for exercising their legal rights, such as filing a workers’ compensation claim, reporting workplace safety violations, taking leave protected by the Family Medical Leave Act (FMLA), taking military leave, refusing to violate the law at the employer’s request, or filing complaints with Federal or State agencies to investigate their complaints.

While North Carolina is an at-will employment state, it’s essential for both employers and employees to understand their rights and obligations under the law to ensure fair treatment in the workplace.

Proving Employee Discrimination and Gathering Evidence

In employment law cases, gathering compelling evidence is essential and often the most challenging aspect. Successfully proving discrimination, wrongful termination, retaliation, or other employment-related claims requires meticulous documentation and thorough evidence gathering.

That’s where having an experienced employment lawyer at Daggett Shuler on your side can make all the difference. Our team understands the ins and outs of North Carolina employment law and knows what evidence is needed to build a strong case.

To support your claims, we’ll work diligently to gather evidence, including written documentation, emails, text messages, witness statements, and other crucial information. With our expertise and dedication, we’ll ensure that your rights and best interests are protected and that you have the best possible chance of achieving a favorable outcome in your case.

Understanding Labor Laws and Employee Rights in North Carolina

Labor laws in North Carolina cover various aspects of employment, including wage and hour regulations, workplace safety, discrimination, and unemployment insurance. Here are some essential labor laws in North Carolina:

Wage and Hour Laws

North Carolina follows the federal Fair Labor Standards Act (FLSA), which sets minimum wage, overtime pay, recordkeeping, and youth employment standards. As of 2022, the minimum wage in North Carolina is $7.25 per hour, which is consistent with the federal minimum wage.

In addition, the North Carolina Wage and Hour Act, requires that once a promise is made by an employer, then the employer must pay all promised wages, including wage benefits, accruing to its employees based on any policy, agreement or practice that the employer has established.

Employees who have not been paid minimum wage, overtime, or promised wages can file a Wage Complaint with the NC Department of Labor – Wage and Hour Bureau.

At-Will Employment

North Carolina is an At-Will employment state, meaning that employers can terminate employees for any reason or no reason as long as it’s not illegal (such as discrimination or retaliation).

Discrimination Laws

North Carolina’s anti-discrimination laws prohibit discrimination in employment based on race, color, religion, sex (including pregnancy), national origin, age (40 and older), disability, genetic information, and veteran status. These protections are enforced by the North Carolina Equal Employment Practices Act (NCEEPA), Title VII of the Civil Rights Act of 1964 (Title VII),, the Uniformed Services Employment and Reemployment Rights Act (USERRA), The Equal Pay Act of 1963 (EPA), The Genetic Information Nondiscrimination Act of 2008 (GINA), The Age Discrimination in Employment Act of 1967 (ADEA), and the Americans with Disabilities Act of 1990 (ADA).

Occupational Safety and Health

The North Carolina Department of Labor oversees workplace safety and health standards in the state. Employers must provide a safe working environment and comply with Occupational Safety and Health Administration (OSHA) regulations. Employees are protected from retaliation for filing a compliant with OSHA by the North Carolina Retaliatory Employment Discrimination Act (REDA).

Unemployment Insurance

The North Carolina Division of Employment Security administers the state’s unemployment insurance program, which provides temporary financial assistance to eligible workers who have lost their jobs through no fault of their own. Employees can file for unemployment benefits through the North Carolina Division of Employment Security.

Family and Medical Leave

Covered employers in North Carolina must comply with the federal Family and Medical Leave Act (FMLA), which allows eligible employees to take unpaid leave for certain family and medical reasons.

Employees are eligible for FMLA leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles.

Both employers and employees in North Carolina must familiarize themselves with these labor laws to ensure compliance and protect their rights. Consulting with legal professionals or relevant state agencies can provide further guidance on specific labor law matters.

The NC Retaliatory Employment Discrimination Act (REDA)

REDA was passed in 1992 to provide certain workplace protections for employees. It lists eleven statutes that are covered by REDA and protects employees who, in good faith, take or threaten to take action under the following North Carolina laws from discrimination and retaliation:

The Workers’ Compensation Act (N.C. Gen. Stat. Ann. §§ 97-1 to 97-101.1);
The Wage and Hour Act (N.C. Gen. Stat. Ann. §§ 95-25.1 to 9525.25);
The Occupational Safety and Health Act (N.C. Gen. Stat. Ann. §§ 95-126 to 95-160);
The Mine Safety and Health Act (N.C. Gen. Stat. Ann. §§ 74-24.1 to 74-24.20);
Prohibitions against discrimination based on sickle cell or hemoglobin C trait (N.C. Gen. Stat. Ann. § 95-28.1);
National Guard Reemployment Rights (N.C. Gen. Stat. Ann. §§ 127A-201 to 127A-203);
Prohibitions against discrimination based on genetic testing or counselling (N.C. Gen. Stat. Ann. § 95-28.1A);
The North Carolina Pesticide Law (N.C. Gen. Stat. Ann. §§ 143-434 to 143-470.1);
The Drug Paraphernalia Control Act of 2009 (N.C. Gen. Stat. Ann. §§ 90-113.80 to 90-113.84);
Provisions regarding parents of delinquent or undisciplined juveniles (N.C. Gen. Stat. Ann. §§ 7B-2700 to 7B-2706);

Provisions regarding domestic violence (N.C. Gen. Stat. Ann. §§ 50B-1 to 50B-9).

In North Carolina, an employee must file a charge of discrimination with the North Carolina Department of Labor’s Retaliatory Employment Discrimination Bureau (REDB) within 180 days of the date of the last retaliatory or discriminatory act. REDB is one of the bureaus of the NC Department of Labor and is responsible for reviewing and investigating employee complaints alleging retaliation by their employers in violation of REDA.

What is the Age Discrimination in Employment Act (ADEA) of 1967?

The Age Discrimination in Employment Act (ADEA) of 1967 is a federal law in the United States that protects workers and job applicants who are 40 years of age or older from discrimination based on age in hiring, promotion, discharge, compensation, or terms, conditions, or privileges of employment.

The ADEA prohibits employers from discriminating against older workers in any aspect of employment, including job advertisements, hiring decisions, job assignments, promotions, layoffs, compensation, benefits, and retirement. It applies to private employers with 20 or more employees, state and local governments, employment agencies, labor organizations, and the federal government.

Under the ADEA, employers are prohibited from setting age limits or preferences in job advertisements unless age is a bona fide occupational qualification (BFOQ) necessary for the normal operation of the business. Additionally, the ADEA prohibits mandatory age-based retirement, except for certain occupations where age is a bona fide occupational qualification, such as airline pilots and public safety officers.

The ADEA also establishes the Equal Employment Opportunity Commission (EEOC) as the federal agency responsible for enforcing the law. Individuals who believe they have been subjected to age discrimination in employment can file a charge with the EEOC, which may investigate the complaint and pursue legal action against the employer if warranted. In North Carolina, an employee must file a charge of discrimination with the EEOC within 180 days of the adverse employment action.

Overall, the ADEA aims to promote equal employment opportunities for older workers and combat age discrimination in the workplace.

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Title VII of The Civil Rights Act of 1965 and Employment Law

The Civil Rights Act of 1965 is a landmark piece of legislation in the United States that aimed to address racial discrimination and segregation in various aspects of American life. Specifically, it focused on ensuring voting rights for African Americans and prohibiting racial discrimination in public accommodations, facilities, and federally funded programs.

Title VII of the Civil Rights Act of 1965 applies to North Carolina employment laws in several ways:

Prohibition of Employment Discrimination: Title VII of the Civil Rights Act of 1965 prohibits discrimination based on race, color, religion, sex (including sexual harassment, pregnancy, or sexual orientation), or national origin. This provision applies to employers in North Carolina with 15 or more employees, including private employers, state and local governments, employment agencies, and labor organizations.

Sexual Harassment: Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment.

Equal Employment Opportunity: The Civil Rights Act of 1965 promotes equal employment opportunity and prohibits discriminatory practices in hiring, promotion, compensation, job assignments, and other terms and conditions of employment. Employers in North Carolina must comply with these provisions and ensure that their employment practices are non-discriminatory.

Retaliation Protections: The Civil Rights Act of 1965 also prohibits retaliation against individuals who oppose discriminatory employment practices, file complaints, or participate in investigations or proceedings related to discrimination. Employers in North Carolina are prohibited from retaliating against employees for exercising their rights under the law.

Enforcement by the EEOC: The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing the provisions of Title VII of the Civil Rights Act of 1965. Individuals who believe they have been subjected to employment discrimination can file a charge with the EEOC, which may investigate the complaint and pursue legal action against the employer if warranted. In North Carolina, an employee must file a charge of discrimination with the EEOC within 180 days of the adverse employment action.

Overall, the Civil Rights Act of 1965 is crucial in shaping North Carolina’s employment laws by prohibiting discrimination and promoting equal employment opportunities for all individuals, regardless of race, color, religion, sex, or national origin. Employers in North Carolina must adhere to these federal regulations and ensure compliance with anti-discrimination laws to protect the rights of their employees.

How Employment Law Applies to Pregnant Women in North Carolina

In North Carolina, pregnant women are protected by both federal and state employment laws, which prohibit discrimination based on pregnancy and related medical conditions. Here are some critical protections provided by employment law for pregnant women in North Carolina:

Pregnancy Discrimination Act (PDA): The Pregnancy Discrimination Act is a federal law prohibiting discrimination based on pregnancy, childbirth, or related medical conditions. Under the PDA, employers in North Carolina with 15 or more employees are prohibited from treating pregnant employees less favorably than other employees regarding hiring, firing, promotions, pay, and other employment benefits.

Family and Medical Leave Act (FMLA): The FMLA is a federal law that provides eligible employees with up to 12 weeks of unpaid leave for pregnancy-related medical conditions, childbirth, and care for a newborn child. Employees who meet specific eligibility criteria, such as working for a covered employer for at least 12 months and working a minimum number of hours, are entitled to FMLA leave in North Carolina.

North Carolina Equal Employment Practices Act (NCEEPA): This state law prohibits employment discrimination based on pregnancy, childbirth, or related medical conditions. It applies to employers with 15 or more employees and provides similar protections to those under the PDA.

Reasonable Accommodations: Employers in North Carolina must provide reasonable accommodations to pregnant employees with medical conditions related to pregnancy, childbirth, or related medical conditions unless doing so would create an undue hardship for the employer. Reasonable accommodations may include modified work duties, additional breaks, or temporary transfer to less strenuous tasks.

The Fair Labor Standards Act (FLSA) and PUMP for Nursing Mothers Act (“PUMP Act”): Covered employers in North Carolina must provide employees the right to take reasonable break time to express breast milk for their nursing child. For one year after the child’s birth, covered employees may take reasonable break time “each time such employee has need to express the milk.” An employer may not deny a covered employee a needed break to pump.

Covered employees must be provided with “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.” Under the FLSA, a bathroom, even if private, is not a permissible location for the employer to provide for pumping breast milk.

Protection Against Retaliation: Pregnant employees in North Carolina are protected against retaliation for exercising their rights under pregnancy discrimination laws. This means employers cannot take adverse actions, such as demotion or termination, against employees for requesting accommodations, taking FMLA leave, or asserting their rights under pregnancy discrimination laws.

Overall, pregnant women in North Carolina are protected by various federal and state employment laws prohibiting discrimination and providing accommodations to ensure equal opportunities in the workplace. If you believe you have experienced pregnancy discrimination or have questions about your rights as a pregnant employee, it’s essential to consult with an experienced employment law attorney for guidance and representation.

Employment Attorneys Protecting Employee Rights Across North Carolina

As a respected member of the Triad community, you deserve to work in an environment that respects your rights and values your contributions. Discrimination and harassment have no place in any workplace. If you’ve faced mistreatment based on factors like race, religion, ethnicity, sex, disability, or age, you have the right to seek compensation and justice. At Daggett Shuler, our team of experienced employment lawyers is here to offer you and your family support and guidance during this challenging time.

Our goal at Daggett Shuler is to help you understand your rights as a worker under employment law and take the necessary steps to protect them. Whether you’ve encountered unfair treatment in hiring, promotion, compensation, or other employment matters, we’ll stand by your side and advocate for your rights. Don’t hesitate to reach out to us for help.