8:25 Welcome and Introductions
8:30 Introduction to North Carolina Employment Cases
Laura J. Wetsch, Winslow Wetsch PLLC, Raleigh
Receive a basic overview of the common law doctrine of "employment at‐will" and North Carolina statutory and common law claims, including wrongful discharge in violation of public policy, the Retaliatory Employment Discrimination Act (REDA), and employment‐related torts such as negligent hiring and retention, tortious interference with contract, defamation, and intentional and negligent infliction of emotional distress.
9:30 Break
9:40 Introduction to Federal Employment Discrimination Laws
Kathryn "Katie" Hagerman, Van Kampen Law PC, Charlotte
Joshua R. "Josh" Van Kampen, Van Kampen Law PC, Charlotte
Learn the fundamentals of the critical federal statutes governing claims of unlawful discrimination in employment based on factors such as race, color, religion, sex, national origin, gender, age and disability (Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1964 and the Americans with Disabilities Act).
10:40 Break
10:50 Basics of Litigating Employment Cases
Michael A. Kornbluth, Kornbluth Ginsberg Law Group PA, Durham
Jill S. Stricklin, Constangy Brooks Smith & Prophete LLP, Winston-Salem
Experienced trial lawyers discuss the fundamentals of pretrial proceedings through mediation and summary judgment in a typical employment law case in federal court. Learn best practices for proceeding toward trial from both the plaintiff's perspective and the defendant's perspective.
11:50 Break
12:00 Basic Wage Protection Law
Bartina L. Edwards, The Law Offices of Bartina Edwards, Charlotte
Wood W. "Woody" Lay, O'Hagan Meyer, Charlotte
Hear an introduction to the requirements of the Federal Fair Labor Standards Act and the North Carolina Wage and Hour Act, including minimum wage, overtime and wage payment requirements.
12:45 Lunch Break
1:15 The Americans with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA)
Janean B. Dunn, Forrest Firm PC, Raleigh
Jessica E. Leaven, Grimes Teich Anderson LLP, Asheville
Gain a better understanding of the complex relationship between the FMLA and the ADA, especially when the inability to work arises from a workplace accident or occupational disease.
2:00 Break
2:10 Damages in Employment Law Cases
Daniel C. Lyon, Elliot Morgan Parsonage PLLC, Charlotte
Julian H. Wright Jr., Robinson Bradshaw & Hinson PA, Charlotte
Receive an introduction to the common law and statutory damages available in employment claims, including discussions on required proof of damages, mitigation of damages and defenses.
2:55 Break
3:05 Introduction to the National Labor Relations Act
Shannon R. Meares, National Labor Relations Board, Winston-Salem
Lisa R. Shearin, National Labor Relations Board, Winston-Salem
Listen as the presenters give an introduction to the National Labor Relations Act and the National Labor Relations Board, the agency responsible for enforcing the Act. This session addresses how the Act applies to non-unionized employers, including an overview of protected concerted activity; employee rights to discuss and share information about their wages and other conditions of employment; and employer handbook rules.
3:50 Break
4:00 Introduction to the Occupational Safety and Health Administration
Jill F. Cramer, North Carolina Department of Labor, Raleigh
Hear an introduction to the Occupational Safety and Health Act of North Carolina, how the North Carolina program differs from federal OSHA, and how OSHNC enforces the Act. Learn about OSH enforcement procedures, what to expect during inspections, citations, and how to respond to a notice of citation, including filing a contestment with the OSH Review Commission.
5:00 Adjourn
Thank you for joining us for 2022 Fundamentals of Employment Law.
This program, both a basic primer and a useful update, provides a general overview and explanation of basic issues in each of the major areas that employment lawyers regularly address.
Ashley B. Bartolucci is a member of Lincoln Derr PLLC in Charlotte. Ashley defends corporations, health care providers, and long-term care companies in claims of professional negligence and general liability. She also defends clients before numerous licensing boards, including the North Carolina Board of Nursing and Medicine and the North Carolina State Bar.
Ashley represents companies in a wide variety of employment matters, including litigating employment claims before administrative agencies such as the Equal Employment Opportunity Commission (EEOC) and in federal court. In addition, she has expertise in defending employers against Title VII, ADEA, and ADA claims, breach of contract, and related tort claims. Ashley also assists her clients with various employment agreements such as separation agreements and developing employment policies and procedures.
Ashley earned a Juris Doctorate from Stetson University College of Law in St. Petersburg, Florida. She also holds a Master of Business Administration degree from Stetson University and a Bachelor of Science degree in Finance from the University of Florida.
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Jill F. Cramer serves as the general counsel for the North Carolina Department of Labor in Raleigh. Jill is responsible for providing legal advice to Labor Commissioner Josh Dobson; all divisions and bureaus; managing program and personnel litigation; as well as developing and promulgating rules.
Prior to Jill's appointment to this position March 1, 2017, the North Carolina native held several legal positions in state government, including working with the N.C. General Assembly, the Department of Health and Human Services and the Department of Justice. She also previously worked with the N.C. Department of Labor as regulatory counsel with the OSH Division. Jill has over 15 years of public service, and has worked in private practice in the areas of creditor's rights, secured transactions and bankruptcy.
Jill earned her B.A. in Political Science from NC State University and her J.D. from N.C. Central University School of Law.
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Janean B. Dunn is a Senior Counsel, Global Employment Law at IQVIA in Durham. She is a legal advisor to business leaders and Human Resources professionals on employment law matters. She works closely with key stakeholders to execute business strategy in a practical and compliant manner, to include driving efficiency across the global enterprise through process and procedure improvements. She advises on a range of employment law matters including restrictive covenant agreements, artificial intelligence initiatives, diversity and inclusion, wage and hour issues, employment policy development and implementation, and employee relations matters.
Previously, Janean was a Senior Associate Attorney at Jackson Lewis PC where she represented private and public employers in federal and state courts, arbitrations and administrative proceedings before the U.S. Equal Employment Opportunity Commission, the North Carolina Department of Labor, and the U.S. Merit Systems Protection Board. She also provided a variety of transactional services to employers such as: due diligence in corporate transactions, drafting various employment agreements, advising on reductions in force, site closures and workplace investigations.
Janean earned her B.A., cum laude, with a double major in Sociology and Political Science from the University of North Carolina at Greensboro and her J.D. from Elon University School of Law, where she served as a contributing editor to the Journal of Leadership and the Law .
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Bartina L. Edwards is with The Law Offices of Bartina Edwards in Charlotte. She is an employment and business lawyer who is MD-110 Certified, mediation and collaborative law trained. Her special focus is on navigating the workplace, workplace issues and business disputes.
Bartina has utilized collaborative law as part of her corporate and entrepreneurial background giving her a unique ability to advise companies while being an employee advocate. Helping businesses understand the strategic benefits of helping their employees navigate the workplace by replacing symptomatic responses with equity, inclusion and collaborative principles also led her to implement her vision of a workplace culture firm, CP3 Paradigm, LLC, where she is a co-founder.
Bartina is also one of the founding board members of the NC Civil Collaborative Law Association, an NCAJ PAC Trustee, immediate past Board of Governor, serves as an officer on the NC Bar Association Employment Law Council, is the Chair of the Employment Law Section of the Mecklenburg County Bar and a Director on the College of Charleston Foundation Board.
Bartina is a graduate of The College of Charleston and received her J.D., cum laude, from NCCU School of Law.
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Kathryn "Katie" Hagerman, associate attorney with Van Kampen Law PC in Charlotte, is currently licensed to practice law in Georgia and North Carolina. Prior to joining the firm, she worked as a Legal Fellow at the University of Georgia's Equal Opportunity Office (EOO) in Athens, Georgia. While at the EOO, Katie worked to ensure University compliance with all state and federal laws regarding harassment and discrimination on the basis of race, sex, ethnicity or national origin, religion, age, genetic information, disability, or veteran status. She also trained and advised University faculty, staff, and students on Title VI, Title VII, and Title IX laws.
Katie's other legal experience includes working full-time with the U.S. Department of Labor's (DOL) Office of the Solicitor during her last semester of law school. While at the DOL, she helped litigate cases arising from both the Occupational Safety and Health Administration and the Wage and Hour Division. She was also a summer associate at a national management-side labor and employment law firm and interned with the in-house counsel for two major companies. Katie's broad experience in labor and employment law allows her to bring a well-rounded approach to plaintiff-side representation.
Katie grew up in Metro Atlanta, Georgia and graduated cum laude from the University of Georgia with a bachelor's degree in Economics and a bachelor's degree in Spanish. Katie's passion to serve her community began as a mentor and tutor for English as a Second Language (ESL) students and continued as a member of University Judiciary. Today, she directs that passion towards the advocacy and representation of her clients. Katie enjoys traveling, camping and playing golf with family and friends in her free time.
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Michael A. Kornbluth is a Plaintiff's Employment and Sexual Harassment Attorney at Kornbluth Ginsberg Law Group PA in Durham. His main main areas of focus are Sexual Harassment, Discrimination, and Executive Severance Agreements. He practices law throughout North Carolina in State and Federal Court and is admitted to practice in the Eastern, Middle and Western Districts of North Carolina.
Michael enjoys lecturing and blogging. He has lectured on numerous topics involving employment law including negotiations, employment law fundamentals, and investigation of employment law cases. He has blogged on numerous court decisions and the importance of them in employment law. Most recently, Michael has served on a panel titled "#MeToo: A Conversation about gender bias, discrimination, and sexual harassment in the legal profession" (Sept. 2018), and was a lecturer for "A Cultural Shift - #MeToo and Times Up" (May 2018).
Michael has been named a Super Lawyer by North Carolina Super Lawyers for years 2014-2020 and a Rising Star for years 2011-2014. He is currently the Chair of the Labor and Employment Law Section of the North Carolina Bar Association. He has also been designated as "AV Preeminent", the highest peer rating standard for professional excellence recognized by Martindale-Hubbell. He is a past Chair of the Employment Law Section of the North Carolina Advocates for Justice.
Michael graduated with Honors from George Washington Law School in Washington D.C. While in law school, he interned for Judge Thomas F. Hogan of the United States District Court for the District of Columbia.
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Wood W. "Woody" Lay is Managing Partner at Moore & Van Allen PLLC in Charlotte. With over 30 years of experience, he focuses his practice on advising national employers on addressing the employment law challenges of operating in all 50 states. He often handles the employment litigation nationwide for these same companies.
Wood regularly defends employers in court and arbitration against single plaintiff, multi-plaintiff, and class or collective employment claims of all types, including Title VIII, FLSA, ADEA, ADA FMLA, and state-law wrongful termination claims.
Wood also routinely advises clients on the investigation, discipline, and termination of all levels of employees; wage and hour issues; whistleblower allegations; joint employment and independent contractor issues; restructuring; layoffs, and shutdown of facilities, including advice on the WARN act and severance issues; harassment or discrimination complaints; employee attendance or leave issues under FMLA, ADA, state workers' compensation laws, and ERISA benefit plans; workplace fatalities, OSHA investigations; and employment agreements, including non-competition and confidentiality agreements.
Prior to joining Moore & Van Allen, Woody was a Partner at both O'Hagan Meyer and Winston & Strawn LLP, where he led the Charlotte Labor and Employment Practice.
In 1988, Woody earned his B.A. from the University of Virginia and his J.D., cum laude, from Washington and Lee University School of Law, where he was Editor-in-Chief of the Washington and Lee Law Review and elected to Order of the Coif. After law school, he clerked on the Eastern District of Virginia for the Honorable Walter E. Hoffman.
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Jessica E. Leaven is a Partner at Grimes Teich Anderson LLP in Asheville. Her areas of practice include employment law, workers' compensation, and personal injury. She has litigated cases in both state and federal court and before the North Carolina Industrial Commission and she has an extensive background in appellate work before the North Carolina Supreme Court, North Carolina Court of Appeals, and North Carolina Industrial Commission.
Jessica is currently an at-large member of the Executive Committee of the Buncombe County Bar. She is the past Chair of the North Carolina Bar Association's Labor and Employment Section. She has also served as a Council Member, the Vice-Chair, the CLE Committee Co-Chair, and Newsletter Committee Co-Chair of the Labor and Employment Law Section of the North Carolina Bar Association. Jessica is an active member of the North Carolina Advocates for Justice for which she has also been the Chair of the Employment Law Section and a speaker at Continuing Legal Education seminars at conventions hosted by the NCAJ. She has also served as the President of the WNC Chapter of the NC Association of Women Attorneys and on the Board of Directors of the NC Association of Women Attorneys.
Jessica has authored and co-authored numerous publications. She is the recipient of several awards including the Evan Mahaney Champion of Civil Liberties Award presented by the Western North Carolina Chapter of The American Civil Liberties Union. In 2021, 2019 and 2017 Jessica was selected to Business North Carolina's Legal Elite in the category of Employment Law. She was selected for inclusion in the 2017-2021 North Carolina Super Lawyers® lists and North Carolina Super Lawyers® "Rising Stars" lists in 2011-2015.
Jessica E. Leaven graduated from The University of North Carolina at Chapel Hill in 1997, and she graduated with Honors from the University Of North Carolina School of Law in 2001. In law school, she served on the North Carolina Law Review as a Staff Member and an Articles Editor. She was a law clerk to the Honorable Carl E. Stewart of the United States Court of Appeals for the Fifth Circuit. After her clerkship, she practiced law for more than 10 years with litigation firms in Asheville and in the Triangle area before she joined Grimes Teich Anderson LLP in December 2012.
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Daniel C. Lyon is a Partner at Elliot Morgan Parsonage PLLC in Charlotte. He practices in the areas of employment and family law with a focus in litigation. He also practices criminal law, ranging from impaired driving to drug-related offenses.
Prior to joining EMP Law, Daniel served as an assistant public defender with the Mecklenburg County Public Defender's office. He currently serves as chapter editor of the Sixth edition of the North Carolina Prima Facie Torts Manual.
Daniel earned both his B.A. and J.D. from Elon University. While at Elon University School of Law, he served as Student Bar Association President and a member of the Public Interest Law Society.
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Shannon R. Meares is the Regional Attorney of the National Labor Relations Board. Shannon assists the Regional Director in the administration and enforcement of the National Labor Relations Act in parts of Alabama, Georgia, Kentucky, North Carolina, South Carolina, Tennessee, Virginia, and West Virginia.
Shannon began her career with the NLRB at the Winston-Salem office immediately following graduation. Shannon served as a Field Attorney for the first 13 years of her career and then the Region promoted her to Supervisory Attorney. Shannon also served as the 10(j) Injunctive Relief Coordinator for the Nashville and Winston-Salem offices.
Shannon is a transplant from the cornfields of the Midwest. She graduated from the University of Illinois, Urbana-Champaign in 1997, with a double major in Psychology and Sociology. In 2000, she graduated from the Washington University in St. Louis School of Law.
Joseph S. "Joe" Murray, IV is Senior Legal Counsel, Labor and Employment, at Circle K in Charlotte. He is a member of the Labor & Employment Law Section of the North Carolina Bar Association.
Joe received his B.S. degree in Business from Virginia Tech – Pamplin College of Business in 1998 and his J.D. degree, cum laude, from the University of South Carolina School of Law in 2005.
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L. Nicole Patino is owner of the Law Offices of L. Nicole Patino PLLC in Greensboro. She is a labor and employment attorney who diligently and zealously advocates both public and private sector clients, whether they be employers, employees, or local governmental agencies.
Nicole graduated from Elon University School of Law where she was a staff member of the Elon Law Review in 2013-2014 and became Notes and Comments Editor during the 2014-2015 school year. She was a law clerk with the Law Offices of Fred T. Hamlet during her second and third year in law school. She continued her legal career as an associate with Law Offices of Fred T. Hamlet for five years until Mr. Hamlet's death. Her goal is to honor his memory and work with the same dedication and devotion to the ethical practice of law.
Before attending law school, Nicole worked as a substance abuse counselor where she gained knowledge of HIPAA, FMLA, federal privacy laws, and medical records. She also gained experience working with EAPs, human resources personnel, employers, and employees. She uses her knowledge of medical records and medical practices in her representation of medical practices, nurses, and in litigating cases which require medical knowledge.
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Lisa R. Shearin started with the National Labor Relations Board as an attorney with the Appellate Court Branch in Washington D.C., in 1990. Lisa transferred to the Winston-Salem NRLB office in 1997 as a field attorney, and was promoted to a Supervisory Attorney in 2010, and Deputy Regional Attorney in 2011, the title she holds today.
Lisa is a triple Tar Heel, graduating from UNC-Chapel Hill with a B.S. Industrial Relations (1982), MSW (1987), and JD (1990).
Jill S. Stricklin is a partner at Constangy Brooks Smith & Prophete LLP in Winston-Salem. She represents employers in proceedings before federal and state courts and administrative agencies. Her litigation experience includes defending claims involving discrimination, harassment and retaliation, wage and hour violations, and employee leave issues, as well as representing employers in contract disputes regarding employment agreements and restrictive covenants.
Jill devotes a substantial portion of her practice to appellate advocacy. She regularly appears before federal and state appellate courts and advises clients on employment-related appeals. She co-chairs the firm's Appellate Practice Group.
Jill also advises employers on thorny personnel matters to ensure compliance with employment laws and regulations. Her experience includes counseling on individual employment decisions, developing employment policies and training programs, and assisting employers with workforce reductions. She regularly presents and publishes for human resources and in-house counsel audiences.
Jill earned her B.A. in English, cum laude, with honors, from St. Andrews Presbyterian College and her J.D. from Wake Forest University School of Law.
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Joshua R. "Josh" Van Kampen is the founder and leader of Van Kampen Law PC in Charlotte. Prior to forming Van Kampen Law PC in July 2011, he was a partner at two of the premier, plaintiff-side employment law firms in North Carolina: Fosbinder & Van Kampen PLLC and Patterson Harkavy LLP.
In 2004, Josh left a safe and lucrative career as a management-side attorney, to open a practice in Charlotte devoted exclusively to representing victims of discrimination, sexual harassment, unequal pay, wrongful discharge, retaliation, and wage and hour violations. It was the best decision he ever made.
In 2018, SuperLawyers rated Josh in its "Top 100" attorney list for all of North Carolina and in its Top 25 attorney list for Charlotte. The road to the SuperLawyers Top Lists started in Chicago, Illinois where Josh worked as an associate for two nationally recognized employment law defense firms: Seyfarth Shaw and Franczek Radelet. During his six years as a defense attorney, Josh defended Fortune 500 companies as well as smaller businesses in age, race, sex, disability, sexual harassment, traditional labor, and wage and hour litigation. Josh's defense experience also included counseling employers on litigation avoidance and sexual harassment training.
Josh earned his B.A. from Purdue University and his J.D., magna cum laude, from University of Illinois College of Law.
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Laura J. Wetsch is a partner in the Raleigh firm of Winslow Wetsch PLLC. She is the author of A Practitioner's Guide to North Carolina Employment Law, and co-author of the North Carolina chapter in the ABA's Employment at Will: A State-By-State Survey.
Laura has previously served as the Chair of the NCBA Labor & Employment Law Section, and the Chair of the NCAJ Employment Law Section, and has been named to Best Lawyers in America, N.C. Super Lawyers, N.C. Super Lawyers' Top 50 Women Lawyers, and N.C. Legal Elite.
Laura was born in Fargo, ND, raised in Minot and Bismarck, ND, married a guy from Killdeer, ND, and graduated from the University of North Dakota School of Law in 1985 – in that order. After law school she was a federal law clerk and then practiced law in North Dakota until 1991 when she and her family moved to North Carolina (the other Great North State).
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Julian H. Wright Jr. is an attorney at Robinson Bradshaw & Hinson PA in Charlotte. He practices in the areas of employment law, business litigation, and government and internal investigations. In employment law, he provides counseling and litigation guidance to employers and executives around the country. Julian's experience includes contract negotiation, day-to-day advice on employment matters, and litigation in the Southeast and nationwide about discrimination, harassment, noncompetition covenants, trade secrets, wrongful termination and ERISA matters.
As a business and commercial litigator, Julian assists clients with disputes over breaches of contract, shareholder rights, business valuations, landlord-tenant issues, unfair competition, and securities matters. He regularly litigates in North Carolina's Business Court, state courts around the country and extensively in the federal court system.
Julian also represents clients in SEC, DOL and other government investigations. In addition, he has successfully conducted multiple internal investigations for clients involving employment, securities and other issues.
Julian is a certified Superior Court mediator. He regularly represents houses of worship in disputes in various tribunals. Julian also maintains an active pro bono practice, including in the area of criminal post-conviction work.
Julian earned his A.B., magna cum laude, from Davidson College, Masters of Divinity from Vanderbilt Divinity School and his J.D. from Vanderbilt University Law School.
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