September 28, 2016

To secure payment for services, North Carolina allows contractors and other skilled tradesmen to file liens against the properties they’ve worked on.  In Part 1 of this construction law series, we explored some of the basics of the lien filing process, such as:  What are your deadlines?  And, who must you give your paperwork to?

Now, if you’ve ever been on a construction project where you were just one subcontractor in a chain of subcontractors waiting to get paid, then you may have felt the *pinch* that occurs when the owner finally releases some funds, but everyone ahead of you, including the general contractor, has to get their cut first.  In this situation, too, if you’ve completed work and not been paid for it, then you h...

September 21, 2016

If you’re a carpenter or other skilled tradesman who often works in construction before getting completely paid, then you’re probably aware that North Carolina has mechanic’s and materialmen’s lien laws.  These laws allow a person or business entity who performed labor improving real property to file a lien against that property if the owner fails to pay for that work.  The lien acts as a cloud on title, frustrating further real property transfers, and ultimately allowing you to foreclose on the property as a means to enforce a judgment.

But as any good construction lawyer knows, there are strict statutory deadlines for filing these liens and for filing lawsuits to enforce them.  In North Carolina, you have 120 days from the date of the...

September 14, 2016

Many companies elect to pay their employees a commission for work performed on the company’s behalf. The upside to paying employees a commission for their work is clear: It incentivizes those employees to perform work faster, bring in more customers, and to improve themselves and by extension, the business. 

Of course, with that benefit comes a burden, as well: Administering a commission pay system can be complex and time-consuming, and more importantly, it implicates numerous complications with the wage and hour laws, including under the Fair Labor Standards Act and the North Carolina Wage and Hour Act.

First, a commission pay system can be difficult and complicated to administer–and this creates an additional opportunity...

September 7, 2016

Various news outlets have reported that Gretchen Carlson reached a $20 million settlement with 21st Century Fox in her sexual harassment lawsuit against former Fox News director Roger Ailes.  Several other women settled their sexual harassment claims as well.

What does this mean for the value of sexual harassment cases in general?  We sincerely hope that corporate America takes notice of the settlement amount, and its speed, and begins to focus on long-overdue reforms to prevent the corporate boardroom from becoming the corporate bedroom.  Far too often we see cases of sexual harassment that cannot be fully redressed because large corporations, their insurance companies, and their attorneys don't think the cases have merit.

Is this becau...

September 1, 2016

The National Labor Relations Board recently held that a New York charter school is a “private employer” under the federal National Labor Relations Act, and therefore subject to the regulations of that Act. This ruling touches on a fascinating wrinkle of our school system here in North Carolina, and has potentially significant legal ramifications.

You see in North Carolina, public sector employees, including public school teachers, are prohibited under General Statutes §§ 95-98.1 and 95-98.2 from forming unions, from engaging in collective bargaining, and from going on strike–all rights that are guaranteed to private sector employees under the NLRA. Although the federal NLRA only applies to private employees, man...

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We are North Carolina litigation and business law attorneys. We focus our litigation practice on complex legal matters with significant issues of law or damages. Whether you are a private individual negatively affected by the actions of another, an entrepreneur starting or protecting a business, or working through governmental regulations, we have the experience and skills necessary to ensure you have effective, efficient legal representation. Call Wimer & Snider at Asheville Legal for your consultation today. 828-350-9799.

The attorneys at Wimer & Snider, P.C. in Asheville have represented clients in much of the United States, including North Carolina, South Carolina, Georgia, Florida, California, Virginia, and Texas. We are licensed to practice law in North Carolina and Texas. Our offices are conveniently located in the arts district of West Asheville, NC.   Phone: 828-350-9799

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