gtag('config', 'AW-1029898234');
How To Avoid Labor Lawsuits

How To Avoid Labor Lawsuits

By Bradley Hunt, Attorney at Law How To Avoid Labor Lawsuits As a business owner, you must be prepared to deal with problems or challenges that may impact the growth and future success of your company. Whether you’re operating a small business with 1-5 employees or an organization with 20 employees, here are three steps that you should take to protect yourself and your business from employment lawsuits. Step One: Understand State and Federal Employment Laws Having a basic understanding of both federal and North Carolina labor laws is a good start to avoiding a labor lawsuit. North Carolina is an “at-will” employment state, meaning an employer can hire and fire an employee at their discretion. While North Carolina may be an “at-will” state, this does not mean that an employee is powerless when it comes to filing a suit against a company. Setting clear expectations and following state and federal employment laws is a good start. Having an employment contract or agreement could save you the trouble of dealing with a lawsuit. Step Two: Follow Wage Guidelines Employers often get into trouble trying to avoid paying overtime or misclassifying employees as part-time or 1099 (to avoid paying benefits) when they are treated as full-time direct hires. All employers should be following the rules as it relates to overtime pay, contract, part-time or full-time employees. Some of these classification rules can be tricky, especially related to contract vs. direct hire employees. If you are not certain, you may wish to consult with an employment attorney. For an overview of employee rights regarding overtime pay, visit the North Carolina Department...
5 Things to Consider When Sending Your Child Off to College

5 Things to Consider When Sending Your Child Off to College

By Bradley Hunt, Attorney at Law Preparing to send your child off to college for the first time (or even subsequent years) can be both exciting and stressful. The to-do list can seem endless, from buying sheets and towels to confirming the drop-off date and rules. There are a few things (from a legal perspective) you will want to consider adding to the list: Many schools allow students to give their parents access to the online portal so they can monitor grades, etc. But if your child is now 18 and an adult, understand you do not have the legal right to access this information – even if you are paying the bill. Check with your student to see if they are willing to give you access.Likewise, you can no longer request access to your child’s medical history at the on- or off-campus healthcare facility. Under HIPAA rules, your child would have to grant you that access.  It is recommended that your 18 year old enter into a health care power of attorney, HIPAA authorization and a durable financial/legal power of attorney to authorize a parent(s) to handle such decisions for health, financial, insurance or legal purposes.If your student will be renting an apartment or house (especially off campus), he or she should understand the terms of the lease agreement. What happens if the roommates have a disagreement? Does the lease permit a sublet? What happens if a party gets out of hand? Lease agreements can vary widely, and failure to abide by the terms could result in loss of their deposit or even a lawsuit.We often think about...
Throwback: Interview with Walter Brinkley, Jr.

Throwback: Interview with Walter Brinkley, Jr.

In November of 2006, Walter F. Brinkley, Jr. was interviewed by Hank Van Hoy, II, as part of the Chief Justice’s Commission on Professionalism and their historical video series of distinguished North Carolina lawyers. We thought you might enjoy the interview! To learn more about the Commission, visit their...
Brinkley Walser Stoner Attorney Celebrates 60 Years

Brinkley Walser Stoner Attorney Celebrates 60 Years

Lexington, NC – Brinkley Walser Stoner, PLLC, attorney, Charles McGirt, is celebrating a milestone anniversary as he reaches 60 years of practicing law. David Inabinett, managing member of Brinkley Walser Stoner, shared, “We congratulate Charlie on an incredible milestone with the firm.  Charlie has been a skilled attorney, advisor, mentor and community leader. We are indebted to him for his many contributions, loyalty, and friendship. We look forward to his continued practice here in his of-counsel role at the firm.” McGirt has practiced law in North Carolina since 1961. His areas of practice include banking law, business & commercial law, estate planning, business organizations, condemnation, and real estate. McGirt is a graduate of Lenoir-Rhyne College and the University of North Carolina Chapel Hill School of Law. McGirt was inducted into the North Carolina Bar Association General Practice Hall of Fame in 2012 and has served in many leadership roles throughout his career. About Brinkley Walser Stoner, PLLC Brinkley Walser Stoner prides itself on providing new and cutting-edge legal counsel built on a foundation of knowledge and integrity. Brinkley Walser Stoner’s attorneys are first and foremost counselors, advising clients on their legal rights and options for appropriate solutions. Practice areas include business law, real estate, litigation, elder law, estate planning, injury and disability, criminal defense, traffic and DWI, banking, family law, municipal, governmental, and education law, among others. Brinkley Walser Stoner is an AV rated firm by Martindale-Hubble®. The firm has offices at 10 LSB Plaza in Lexington and in the First Citizen’s Building, 620 Green Valley Road, Suite 306, in Greensboro. Visit Brinkley Walser Stoner on the web at...
Brinkley Walser Stoner attorney selected for N.C. State Bar Council

Brinkley Walser Stoner attorney selected for N.C. State Bar Council

Lexington, NC – Brinkley Walser Stoner, PLLC, attorney, Roy McDonald has been elected to a 3-year term as a State Bar Councilor. McDonald will serve district 33 through 2023. The 61-member council is elected by attorneys in their local communities and governs the N.C. State Bar. State Bar Councilors also serve on committees that perform the work of the council and report to the council for final decision-making. The N.C. State Bar is responsible for the regulation of the legal profession in North Carolina and currently regulates more than 28,000 licensed attorneys. David Inabinett, managing member of Brinkley Walser Stoner, shared, “We are very proud of Roy and know he will do an excellent job representing our district.” Roy McDonald has been with Brinkley Walser Stoner since 2015. His area of practice includes personal injury & wrongful death, workers’ compensation, social security disability, business & commercial law, collections & debt defense, criminal defense expungement, electric cooperative law, military law, family law, and general litigation. McDonald is a graduate of Guilford College and Wake Forest University School of Law. About Brinkley Walser Stoner, PLLC Brinkley Walser Stoner prides itself on providing new and cutting-edge legal counsel built on a foundation of knowledge and integrity. Brinkley Walser Stoner’s attorneys are first and foremost counselors, advising clients on their legal rights and options for appropriate solutions. Practice areas include business law, real estate, litigation, elder law, estate planning, injury and disability, criminal defense, traffic and DWI, banking, family law, municipal, governmental, and education law, among others. Brinkley Walser Stoner is an AV rated firm by Martindale-Hubble®. The firm has offices at 10...
Ready for the Holiday Season?

Ready for the Holiday Season?

We all know this time of the year is special for so many reasons. Brinkley Walser Stoner attorneys, Bradley Hunt and Drew Nelson, share with you some of their favorite things about the holidays. From Bradley Hunt: Favorite holiday movie? Die Hard – some say this is not a Christmas movie, but I consider it one. 2. Favorite holiday song? Merry Christmas from the Family. 3. Share a funny Christmas memory. The very first Christmas I was married to my wife, Carrie, we spent the holiday with her parents in Virginia. I either had food poisoning or the norovirus. Worst 48 hours of my life. 4. What is most important to you about the holidays? Being able to unwind and unplug and spend quality time with my family. The best part, of course, is spending Christmas morning with my two sons. It is nice for about 10 minutes, then total chaos. From Drew Nelson: Share a funny Christmas memory. I snuck into the living room and opened all my presents from Santa when I was eight years old. This happened before my parents woke up. I don’t think they have ever forgiven me. 2. Does your family have a special holiday recipe? My grandad’s famous chocolate peanut butter balls! 3. Would you rather be surprised by a gift or know what you are getting? I would rather be surprised. Who doesn’t love surprises? 4. What is most important to you about the holidays? Being able to take a few days away from the ordinary rush and stress to focus on what is important. Tell us your favorite holiday memories, activities,...
X