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Articles by Avery J. Locklear
When The Layoffs Come: What North Carolina Employers Need To Know About The WARN Act
Ward and Smith, P.A. are most popular: within International Law, Privacy and Criminal Law topic(s) with readers working within the Technology industries We advise employers on these situations regularly. The Ubisoft story raises exactly the kind of question we see most often: when reductions happen in multiple rounds across related entities, how does federal law treat them in the aggregate?
When the Layoffs Come- What North Carolina Employers Need to Know About the WARN Act
The recent announcement that Ubisoft is laying off additional workers at its Red Storm Entertainment studio in Cary, North Carolina – following an earlier round of 100 cuts just three months prior – is a reminder that workforce reductions can happen fast, in waves, and across corporate structures that are more complicated than they first appear. We advise employers on these situations regularly.
EXPERT INSIGHTS-HANDS UP: THRILLS AND CHILLS OF LABOR RELATIONS WITH THE NLRB
At Ward and Smith's recent annual Employment Law Symposium, two attorneys from the firm's labor and employment group, Justin Hill and Hayley Wells, interviewed NLRB Regional Attorney Timothy Mearns. Mearns was promoted to Regional Attorney for the...
Hands Up: Thrills And Chills Of Labor Relations With The NLRB
Mearns was promoted to Regional Attorney for the National Labor Relations Board (NLRB) for Region 10 in Atlanta in 2024. He now oversees all litigation for the Atlanta, Birmingham, Nashville, and Winston-Salem offices. Mearns has been with the NLRB since 2014, when he started as a field attorney responsible for investigating and litigating unfair labor practice cases.
Fast Pass Through the Employer’s Legal Landscape: Lap 2, The State of DEI
We continue our series of topics addressed during Ward and Smith’s Employment Law Symposium, focusing on the current state of DEI. X. Lightfoot, a member of the firm’s labor/employment group and a North Carolina State Bar Board Certified Specialist in Employment Law, offered an overview of recent changes pertaining to Diversity, Equity and Inclusion.
Fast Pass Through the Employer’s Legal Landscape- Lap 2, The State of DEI
We continue our series of topics addressed during Ward and Smith’s Employment Law Symposium, focusing on the current state of DEI. X. Lightfoot, a member of the firm’s labor/employment group and a North Carolina State Bar Board Certified Specialist in Employment Law, offered an overview of recent changes pertaining to Diversity, Equity and Inclusion.
Fast Pass Through the Employer’s Legal Landscape- Lap 1
During Ward and Smith’s annual Employment Law Symposium, several attorneys from the firm provided insightful guidance on recent issues that are top of mind for many employers. The discussion featured a comprehensive overview on changes related to Immigration and Customs Enforcement (ICE), including strategies and procedures for handling an investigation, the legality of restrictive covenants, how to protect trade secrets, and DEI program compliance.
Fast Pass Through the Employer’s Legal Landscape: Lap 2, The State of DEI | JD Supra
We continue our series of topics addressed during Ward and Smith’s Employment Law Symposium, focusing on the current state of DEI. X. Lightfoot, a member of the firm’s labor/employment group and a North Carolina State Bar Board Certified Specialist in Employment Law, offered an overview of recent changes pertaining to Diversity, Equity and Inclusion.
Fast Pass Through The Employer's Legal Landscape: Lap 2, The State Of DEI
Avery J. Locklear’s articles from Ward and Smith, P.A. are most popular: in United States Ward and Smith, P.A. are most popular: with readers working within the Consumer Industries industries We continue our series of topics addressed during Ward and Smith's Employment Law Symposium, focusing on the current state of DEI. X.
Fast Pass Through The Employer's Legal Landscape: Lap 1
Ward and Smith, P.A. are most popular: with Finance and Tax Executives During Ward and Smith's annual Employment Law Symposium, several attorneys from the firm provided insightful guidance on recent issues that are top of mind for many employers.
Federal Appellate Court Enjoins NLRB Proceedings, Concluding The NLRB's Structure Is Likely Unconstitutional
Wa Ward and Smith, P.A. More Ward and Smith, P.A. is the successor to a practice founded in 1895. Our core values of client satisfaction, reliability, responsiveness, and teamwork are the standards that define who we are as a law firm. We are an established legal network with offices located in Asheville, Greenville, New Bern, Raleigh, and Wilmington. In Space Exploration Technology Corp. v. NLRB, No. 24-50627 (5th Cir.
Federal Appellate Court Enjoins NLRB Proceedings, Concluding the NLRB’s Structure Is Likely Unconstitutional | JD Supra
In Space Exploration Technology Corp. v. NLRB, No. 24-50627 (5th Cir. 2025) (“SpaceX”), the U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s preliminary injunctions that halted several ongoing unfair-labor-practice cases pending before the National Labor Relations Board (“NLRB”). The NLRB’s Board Members and administrative law judges (“ALJs”) enjoy “for cause” removal protections, which generally means that they can be removed only for malfeasance or disregard of duty.
Federal Appellate Court Enjoins NLRB Proceedings, Concluding the NLRB’s Structure Is Likely Unconstitutional
August 22, 2025 In Space Exploration Technology Corp. v. NLRB, No. 24-50627 (5th Cir. 2025) (“SpaceX”), the U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s preliminary injunctions that halted several ongoing unfair-labor-practice cases pending before the National Labor Relations Board (“NLRB”).
Employer Wellness Programs – Legal Landscape of Staying Compliant
Employer-sponsored wellness programs are designed to promote healthier lifestyles through health screenings, fitness incentives, and/or lifestyle coaching. In recent years, such programs have become increasingly popular, offering benefits to both employees and employers. However, when not structured properly, wellness programs can create various legal risks.
Employer Wellness Programs – Legal Landscape of Staying Compliant | JD Supra
Employer-sponsored wellness programs are designed to promote healthier lifestyles through health screenings, fitness incentives, and/or lifestyle coaching. In recent years, such programs have become increasingly popular, offering benefits to both employees and employers. However, when not structured properly, wellness programs can create various legal risks.
Employer Wellness Programs - Legal Landscape of Staying Compliant
Employer-sponsored wellness programs are designed to promote healthier lifestyles through health screenings, fitness incentives, and/or lifestyle coaching. In recent years, such programs have become increasingly popular, offering benefits to both employees and employers. However, when not structured properly, wellness programs can create various legal risks.
The Art Of Effective Disciplinary Documentation: A Practical Guide For Manufacturing Managers
Wa Ward and Smith, P.A. More Ward and Smith, P.A. is the successor to a practice founded in 1895. Our core values of client satisfaction, reliability, responsiveness, and teamwork are the standards that define who we are as a law firm. We are an established legal network with offices located in Asheville, Greenville, New Bern, Raleigh, and Wilmington. Manufacturing managers regularly hear complaints about employee behavior that are difficult to address... United States Law Department Performance
The Art of Effective Disciplinary Documentation: A Practical Guide for Manufacturing Managers | JD Supra
Manufacturing managers regularly hear complaints about employee behavior that are difficult to address: "John is rude in meetings." "Sarah has a bad attitude." "Mark is consistently unmotivated." "Alex was late twice in the last two weeks." "Taylor's work clothes are not appropriate." "Jordan is lazy and incompetent." While these observations might reflect genuine concerns, they are nearly impossible to act upon without more specific information.
The Art of Effective Disciplinary Documentation: A Practical Guide for Manufacturing Managers
June 20, 2025 Manufacturing managers regularly hear complaints about employee behavior that are difficult to address: "John is rude in meetings." "Sarah has a bad attitude." "Mark is consistently unmotivated." "Alex was late twice in the last two weeks." "Taylor's work clothes are not appropriate." "Jordan is lazy and incompetent." While these observations might reflect genuine concerns, they are nearly impossible to act upon without more specific information.
Upping The Ante: New Rules And Regulations In Play For In-House Counsel
Four Ward and Smith team members delivered concise, actionable insights on projected governmental and policy changes resulting from the recent elections, the Corporate Transparency Act, the implications of the Chevron decision, and evolving topics related to labor/employment law. The high-energy session kicked off the firm's annual In-House Counsel seminar.
Upping the Ante: New Rules and Regulations in Play for In-House Counsel | JD Supra
Four Ward and Smith team members delivered concise, actionable insights on projected governmental and policy changes resulting from the recent elections, the Corporate Transparency Act, the implications of the Chevron decision, and evolving topics related to labor/employment law. The high-energy session kicked off the firm’s annual In-House Counsel seminar.
Upping the Ante: New Rules and Regulations in Play for In-House Counsel
January 7, 2025 Four Ward and Smith team members delivered concise, actionable insights on projected governmental and policy changes resulting from the recent elections, the Corporate Transparency Act, the implications of the Chevron decision, and evolving topics related to labor/employment law. The high-energy session kicked off the firm’s annual In-House Counsel seminar.
Part 2 in Heatwaves of Drama: A Case Study in "What Not To Do" for Southeastern HR Professionals | JD Supra
Ward and Smith Labor and Employment attorneys presented an interactive case study during their annual Employment Law Symposium to provide insights on how the leaders of a hypothetical manufacturer responded to an A/C malfunction in the middle of July, interrupting the production line and causing worker's health problems, when the team is facing a critical deadline.
Turning Back Overtime – Texas Judge Strikes Down Salary Threshold Increase | JD Supra
A federal judge in Texas struck down the U.S. Department of Labor's ("DOL") rule that drastically increased the minimum salary thresholds for bona fide executive, administrative, and professional employees (the "EAP Exemption"). Judge Sean Jordan of the U.S. District Court for the Eastern District of Texas halted the rule that was projected to expand overtime pay to millions of workers across the country.
Turning Back Overtime - Texas Judge Strikes Down Salary Threshold Increase
Judge Sean Jordan of the U.S. District Court for the Eastern District of Texas halted the rule that was projected to expand overtime pay to millions of workers across the country. Earlier this year, the DOL announced a final rule (the "2024 Rule") that would increase the EAP Exemption's salary threshold in two waves (Raising the Rate: DOL Expands Overtime Protections to Millions of Workers - Ward and Smith, P.A.).
Turning Back Overtime - Texas Judge Strikes Down Salary Threshold Increase
November 19, 2024 A federal judge in Texas struck down the U.S. Department of Labor's ("DOL") rule that drastically increased the minimum salary thresholds for bona fide executive, administrative, and professional employees (the "EAP Exemption"). Judge Sean Jordan of the U.S. District Court for the Eastern District of Texas halted the rule that was projected to expand overtime pay to millions of workers across the country.
Serving Up Compliance: How The Hospitality Industry Can Remain Compliant With Changing Laws And Regulations
The hospitality industry is a fast-paced sector that juggles a myriad of issues from high worker turnover to shortages of workers. In addition to these inherent challenges, the industry must also comply with a multitude of local, state, and federal laws and regulations—especially those regarding wage and hour considerations.
Serving Up Compliance: How the Hospitality Industry Can Remain Compliant with Changing Laws and Regulations | JD Supra
The hospitality industry is a fast-paced sector that juggles a myriad of issues from high worker turnover to shortages of workers. In addition to these inherent challenges, the industry must also comply with a multitude of local, state, and federal laws and regulations—especially those regarding wage and hour considerations.
Serving Up Compliance: How the Hospitality Industry Can Remain Compliant with Changing Laws and Regulations
The hospitality industry is a fast-paced sector that juggles a myriad of issues from high worker turnover to shortages of workers. In addition to these inherent challenges, the industry must also comply with a multitude of local, state, and federal laws and regulations—especially those regarding wage and hour considerations.
Serving Up Compliance: How the Hospitality Industry Can Remain Compliant with Changing Laws and Regulations
July 23, 2024 The hospitality industry is a fast-paced sector that juggles a myriad of issues from high worker turnover to shortages of workers. In addition to these inherent challenges, the industry must also comply with a multitude of local, state, and federal laws and regulations—especially those regarding wage and hour considerations.
Raising The Rate: DOL Expands Overtime Protections To Millions Of Workers
On April 23, 2024, the U.S. Department of Labor ("DOL") announced a final rule that will increase the Fair Labor Standards Act's ("FLSA") minimum salary threshold for overtime exemptions (the "2024 Rule"). Starting July 1, 2024, employers should be prepared to either reclassify or give raises to certain employees. The DOL published a proposed rule on September 8, 2023 (the "2023 Proposed Rule").
Raising the Rate: DOL Expands Overtime Protections to Millions of Workers | JD Supra
On April 23, 2024, the U.S. Department of Labor ("DOL") announced a final rule that will increase the Fair Labor Standards Act's ("FLSA") minimum salary threshold for overtime exemptions (the "2024 Rule"). Starting July 1, 2024, employers should be prepared to either reclassify or give raises to certain employees. The DOL published a proposed rule on September 8, 2023 (the "2023 Proposed Rule").
Reviewing Private Credit Investment Funds, Anticipating the Marke
In recent months, market participants have become increasingly optimistic about the probability of a “soft landing” in the US economy, whereby tight monetary policy is shown to have tamed inflation whilst avoiding triggering a recession in the broader economy. The market is, despite inflation proving slightly stickier than expected, still (for now at least) forecasting multiple Fed rate cuts during the course of 2024 as the rate of price increases steadily slows.
A Swift Debriefing: Rapid Fire Legal Update - - United States
At Ward and Smith's recent In-House Counsel event, four Ward and Smith attorneys shared insights on a variety of legal topics, including updates from the General Assembly, how to navigate insurance policies, a Supreme Court decision with implications for businesses operating across state lines, and the current state of the commercial real estate market.
A Swift Debriefing: Rapid Fire Legal Update | JD Supra
At Ward and Smith's recent In-House Counsel event, four Ward and Smith attorneys shared insights on a variety of legal topics, including updates from the General Assembly, how to navigate insurance policies, a Supreme Court decision with implications for businesses operating across state lines, and the current state of the commercial real estate market.
A Swift Debriefing: Rapid Fire Legal Update
March 26, 2024 At Ward and Smith's recent In-House Counsel event, four Ward and Smith attorneys shared insights on a variety of legal topics, including updates from the General Assembly, how to navigate insurance policies, a Supreme Court decision with implications for businesses operating across state lines, and the current state of the commercial real estate market.
Proactive Policies: Navigating Ethical Challenges And Legal Compliance For Employer
Scandals can be detrimental to an organization's success and its public perception. Particularly, in recent years, misconduct tied to racial and sexual harassment has made headlines. Internally, ethical issues can be harmful to employee morale and retention. The workplace is constantly evolving, and society is becoming more cognizant of ethical issues.
Proactive Policies: Navigating Ethical Challenges and Legal Compliance for Employer | JD Supra
For employers, ethical issues can shake up every aspect of an organization. Scandals can be detrimental to an organization's success and its public perception. Particularly, in recent years, misconduct tied to racial and sexual harassment has made headlines. Internally, ethical issues can be harmful to employee morale and retention. The workplace is constantly evolving, and society is becoming more cognizant of ethical issues.
Proactive Policies: Navigating Ethical Challenges and Legal Compliance for Employer
November 17, 2023 For employers, ethical issues can shake up every aspect of an organization. Scandals can be detrimental to an organization's success and its public perception. Particularly, in recent years, misconduct tied to racial and sexual harassment has made headlines. Internally, ethical issues can be harmful to employee morale and retention. The workplace is constantly evolving, and society is becoming more cognizant of ethical issues.
Plaintiffs Attorneys on What Employers Should Know Today | JD Supra
In a discussion led by employment law attorney Will Oden, two experienced North Carolina employment attorneys who represent employees shared insights on their respective practices representing employees, and best practices for avoiding or best navigating employee disputes.
EXPERT INSIGHTS-PLAINTIFFS ATTORNEYS ON WHAT EMPLOYERS SHOULD KNOW TODAY
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DOJ Environmental Justice
On President Biden’s inauguration day and in several subsequent policy statements, the Biden administration has made clear that enhanced environmental enforcement in “overburdened communities” would be key part of its environmental justice policy.
Plaintiffs Attorneys On What Employers Should Know Today - Employment Litigation/ Tribunals - United States
In a discussion led by employment law attorney Will Oden, two experienced North Carolina employment attorneys who represent employees shared insights on their respective practices representing employees, and best practices for avoiding or best navigating employee disputes.
Plaintiffs Attorneys on What Employers Should Know Today
October 20, 2023 In a discussion led by employment law attorney Will Oden, two experienced North Carolina employment attorneys who represent employees shared insights on their respective practices representing employees, and best practices for avoiding or best navigating employee disputes.
The EEOC Issues a Proposed Rule Regarding the Pregnant Workers' Fairness Act | JD Supra
On August 11, 2023, the U.S. Equal Employment Opportunity Commission ("EEOC") issued a Notice of Proposed Rulemaking ("NPRM") to implement the Pregnant Workers Fairness Act ("PWFA"). PWFA went into effect on June 27, 2023, and it guarantees reasonable accommodations for pregnant workers—mirroring the protections for disabled workers under the Americans with Disabilities Act ("ADA"). The EEOC's NPRM was published on August 11, 2023.
The EEOC Issues A Proposed Rule Regarding The Pregnant Workers' Fairness Act
On August 11, 2023, the U.S. Equal Employment Opportunity Commission ("EEOC") issued a Notice of Proposed Rulemaking ("NPRM") to implement the Pregnant Workers Fairness Act ("PWFA"). PWFA went into effect on June 27, 2023, and it guarantees reasonable accommodations for pregnant workers—mirroring the protections for disabled workers under the Americans with Disabilities Act ("ADA"). The EEOC's NPRM was published on August 11, 2023.
The EEOC Issues a Proposed Rule Regarding the Pregnant Workers' Fairness Act
September 15, 2023 On August 11, 2023, the U.S. Equal Employment Opportunity Commission ("EEOC") issued a Notice of Proposed Rulemaking ("NPRM") to implement the Pregnant Workers Fairness Act ("PWFA"). PWFA went into effect on June 27, 2023, and it guarantees reasonable accommodations for pregnant workers—mirroring the protections for disabled workers under the Americans with Disabilities Act ("ADA"). The EEOC's NPRM was published on August 11, 2023.
Raising the Rate: DOL Expands Overtime Protections to Millions of Workers
April 24, 2024 On April 23, 2024, the U.S. Department of Labor ("DOL") announced a final rule that will increase the Fair Labor Standards Act's ("FLSA") minimum salary threshold for overtime exemptions (the "2024 Rule"). Starting July 1, 2024, employers should be prepared to either reclassify or give raises to certain employees. The DOL published a proposed rule on September 8, 2023 (the "2023 Proposed Rule").
NLRB Turning Up The Heat Over Employee Handbooks
In the midst of one of the hottest summers on record, the National Labor Relations Board ("NLRB" or the "Board") is putting the heat on employers. In a recent decision issued on August 2, 2023, the NLRB has assumed the role of "Handbook Police." In its patrol of policies, the NLRB has now made it harder for employers to lawfully implement and justify certain workplace rules. The NLRB's latest decision regarding workplace rules affects both unionized and non-unionized workplaces.
NLRB Turning Up the Heat Over Employee Handbooks | JD Supra
In the midst of one of the hottest summers on record, the National Labor Relations Board ("NLRB" or the "Board") is putting the heat on employers. In a recent decision issued on August 2, 2023, the NLRB has assumed the role of "Handbook Police." In its patrol of policies, the NLRB has now made it harder for employers to lawfully implement and justify certain workplace rules. The NLRB's latest decision regarding workplace rules affects both unionized and non-unionized workplaces.
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