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2022 Fundamentals of Employment Law

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, Bartina Edwards Law Offices, 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



Description

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.

Contributors

  • Ashley B. Bartolucci

    Ashley B. Bartolucci is an attorney with Hall Booth Smith PC in Charlotte. She focuses her litigation practice on labor and employment, defense of law enforcement agencies, coronavirus claims, general liability, medical malpractice, and data privacy and security issues.

    Ashley is member of the firm's Coronavirus Task Force, and closely monitors the fast-changing regulatory and legislative matters at the federal, state and local levels to help clients remain compliant with evolving recommendations and mandates amid the global pandemic.

    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. Ashley has defended 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 in developing employment policies and procedures.

    Ashley defends corporations, health care providers, and long-term care companies in claims of professional negligence and general liability. Ashley has also defended clients before numerous licensing boards, including the North Carolina Board of Nursing and Medicine and the North Carolina State Bar.

    Ashley is also a member of the firm's Data Privacy & Security Practice Group, where she helps clients remain compliant with HIPAA regulations and prepares detailed customized HIPAA risk analysis to help clients understand the potential shortcomings and gaps in their current policies and procedures. Ashley has defended numerous health care providers and corporations though HIPAA and personal data security breaches, and she assists clients in navigating the corresponding federal and state law regulations and Office of Civil Rights investigations. Ashley has also represented medical providers, companies, and service providers, and have successfully obtained dismissals of claims based on HIPAA.

    Earlier in her career, Ashley was an Assistant State Attorney for the State of Florida, where she prosecuted more than 1,000 felony cases from pre-filing through resolution, including jury trials. She also evaluated crime scenes with law enforcement as a part of the vehicular homicide and DUI manslaughter squad to gather and preserve critical evidence. Ashley's experience as a prosecutor provides her with the knowledge and skills to handle claims from pre-suit through jury trial, including conducting thorough investigations, detailed discovery, and comprehensive pre-trial motions. Her prosecutorial experience is particularly useful in her defense of law enforcement officers accused of misconduct.

    Ashley earned a Juris Doctorate degree 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.

    Click here for more information about Ashley.

  • Jill F. Cramer

    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.

    Click here for more information about Jill.

  • Janean B. Dunn

    Janean B. Dunn is a Labor and Employment Associate at Jackson Lewis PC in Raleigh. She was formerly with the Forrest Firm PC where she represented employers in administrative and court proceedings, prepared compensation plans, employment agreements and employee handbooks and advised employers on 1099 and W-2 status for workers.

    Janean earned her B.A. from UNC Greensboro and her J.D. from Elon University School of Law.

    Click here for more information about Janean.

  • Bartina L. Edwards

    Bartina L. Edwards is from the Law Office of Bartina Edwards in Charlotte. She is an entrepreneur in every sense of the word and as a lawyer, she is business-minded and collaborative. On that latter front, her energy and advocacy were instrumental in helping enact the Uniform Collaborative Law Act, an innovative piece of legislation formally acknowledging collaborative law as a stand-alone dispute resolution vehicle in North Carolina. As such, she is one of the founding members of the North Carolina Collaborative Law Association. She is also a founding partner of the consulting firm, CP3 Paradigm. 

    In addition to volunteering in various capacities and access to justice initiatives, Bartina is a member of the PAC and the Board of Governors for the North Carolina Advocates for Justice, an immediate past member of the College of Charleston Alumni Board, Trasurer of the North Carolina Bar Association Employment Law Council and Vice-Chair of the Employment Law Section of the Mecklenburg County Bar.

    Bartina is admitted to and is a member of the North Carolina State Bar; the Eastern, Middle and Western Districts of the United States Federal Courts; has appeared before the North Carolina Court of Appeals and the 4th Circuit Federal Court of Appeals. She is an approved attorney having supported and represented the Hispanic and Women Farmers and Ranchers in the Resolution of their USDA Discrimination Claims.

    Bartina previously held a Life & Health Insurance and Series 6 & 63 investment licenses. While at NCCU School of Law she was a member of the NCCU Law Journal. Upon graduation from law school, she received the Floyd B. McKissick Leadership Award, the North Carolina Chapter of Academy Matrimonial Lawyers Award and the North Carolina State Bar (Student) Pro Bono Award. She is the recipient of numerous awards and has been profiled in The Charlotte Observer and the University Times. She has been active in several civic and community associations, boards, and organizations including NAWBO, North Carolina Association of Women Attorneys, and the John S. Leary Bar.

    Bartina has volunteered with the NCCU Business Law Clinic, the Innocence Project, volunteered in Legal Services on the Immigration and VAWA (Violence Against Women Act) Project, Hope Haven, Crisis Assistance, Urban Ministries, CAAC, NCCU School of Law, University of Phoenix, Davidson College, and she has held internships with the 26th Judicial District, the law offices of Julie Fosbinder, and Ferguson Stein Chambers Adkins & Sumter. Bartina worked with Shirley L. Fulton at Tin Fulton Greene & Owen PLLC. Add Adjunct professor at NCCU for 4 years.

    Bartina is published and speaks on topics that contribute meaningfully to the community, including but not limited to Employment, Equity, Bias and Resolution through Collaboration. Her background has been one of serving individuals, businesses, professionals, and the community in ways that make a difference.

    Click here for more information about Bartina.

  • Kathryn "Katie" Hagerman

    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.

    Click here for more information about Katie.

  • Michael A. Kornbluth

    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.

    Click here for more information about Michael.

  • Wood W. "Woody" Lay

    Wood W. "Woody" Lay is the managing partner of O'Hagan Meyer's Charlotte Office. With over 25 years of experience, Woody focuses his practice on employment, ERISA, non-competition, trade secret, and commercial litigation matters.

    Woody regularly defends employers in court and arbitration against single plaintiff, multi-plaintiff, and class or collective employment claims of all types, including Title VII, FLSA, ADEA, ADA FMLA and state-law wrongful termination claims. He has served as lead attorney in litigation and arbitrations in California, Connecticut, Florida, Georgia, Michigan, Minnesota, Missouri, North Carolina, Oregon, Pennsylvania, South Carolina, Tennessee, Texas and Virginia.

    Woody 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.

    Finally, Woody has extensive knowledge of ERISA litigation issues. He has advised and defended large employers against ERISA denial of benefit and breach of fiduciary duty claims arising out of pension and welfare benefit claims, including claims involving executive compensation, pension eligibility and calculation issues, and elimination or modification of retiree health care coverage.

    Prior to joining O'Hagan Meyer, Woody was a partner at Winston & Strawn LLP, where he led the Charlotte Labor and Employment Practice.

    In 1988, Woody received his B.A. from the University of Virginia. He received his J.D., cum laude, in 1991 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.

    Click here for more information about Woody.

  • Jessica E. Leaven

    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.

    Click here for more information about Jessica.

  • Daniel C. Lyon

    Daniel C. Lyon is an Associate Attorney at Elliot Morgan Parsonage PLLC in Charlotte. He practices in the areas of employment and family law with a focus in litigation. Daniel 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.

    Click here for more information about Daniel.

  • Shannon R. Meares

    Shannon R. Meares is with the National Labor Relations Board in Winston-Salem. Shannon graduated from the University of Illinois (Champaign-Urbana Campus) with a double major in Sociology and Psychology in 1997. She received her J.D. degree in 2000 from Washington University School of Law in St. Louis, where she started the Law School's first Labor and Employment Association. During the summer before Shannon’s graduation, she served as a legal intern at the UAW's Solidarity House in Detroit, Michigan. In November, 2000, Shannon came to Winston-Salem as a Field Attorney. Prior to her promotion, for many years Shannon ably served as chair of NLRBU Local 11's committee, and, on frequent occasions, also served as the Region's unofficial "social director."

  • Joseph S. "Joe" Murray, IV

    Joseph S. "Joe" Murray, IV is a Senior Associate attorney for the Human Resources Department at Mecklenburg County Attorney's Office in Charlotte. He provides day-to-day and strategic guidance on employment law issues to the human resources department, all levels of county management (including the county manager), and associated entities (sheriff's office, register of deeds, and board of elections).

    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.

    Click here for more information about Joe.

  • L. Nicole Patino

    L. Nicole Patino is an attorney at 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 is a compassionate and seasoned attorney who provides client-focused services for your workplace issues.

    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.

    Click here for more information about Nicole.

  • Lisa R. Shearin

    Lisa R. Shearin, National Labor Relations Board, Winston-Salem

  • Jill S. Stricklin

    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.

    Click here for more information about Jill.

  • Joshua R. "Josh" Van Kampen

    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, Josh 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 her J.D., magna cum laude, from University of Illinois College of Law.

    When Josh is not at work, he loves playing volleyball, fly fishing and spending time with his three children, Zach, Gaige and Kennedy and his Belgian Malinois, Vic.

    Click here for more information about Josh.

  • Laura J. Wetsch

    Laura J. Wetsch is a member of Winslow Wetsch PLLC in Raleigh. Her principal area of practice is employment law.

    Laura is the author of "Practitioner's Guide to North Carolina Employment Law," (LEXIS) (1st ed. 2013, 2nd ed. 2016) and co-author of North Carolina chapter in ABA/BNA's "Employment at Will: At State-by-State Survey" (ABA 2011-16). She is a member of the Labor & Employment Law Section of the North Carolina Bar Association.

    Laura received her undergraduate degree from the University of North Dakota and her J.D. degree from the University of North Dakota School of Law.

    Click here for more information about Laura.

  • Julian H. Wright Jr.

    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.

    Click here for more information about Julian.

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February 16, 2022
Wed 8:25 AM EST

Duration 8H 35M

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