Civil Litigation
Lisa has experience litigating in North Carolina state courts and its Federal District Courts.
Small North Carolina Business Entity: Formations/Transactions/Alterations
Our staff prides themselves on being able to form small North Carolina businesses quickly and inexpensively. Our work doesn’t stop after your entity is formed; we will continue to serve you for the life of your business entity. We can assist you by drafting and filing the following organizational documents:
- Articles of Incorporation (or Articles of Organization for LLCs)
- Professional Corporation Forms (required for architects, attorneys, physicians, accountants, and other North Carolina professionals)
- Bylaws (or Operating Agreement for LLCs)
- Minutes of the Organizational Meetings
- Obtain the entity’s Employer Identification Number (EIN)
- Obtain the entity’s Subchapter S status, if desired
- Stockholders’ Agreement
- Employment Agreements
While your business entity is “going” we assist you by:
- Serving as the Registered Agent for receiving service of process;
- Notifying you of receipt of lawsuits or other complaints filed against your entity;
- Sending you notifications of North Carolina State filing deadlines;
- Sending you reminders for your annual meeting;
- Conducting the Annual Meeting of your entity or special meetings as needed;
- Collecting outstanding debts;
- Review, negotiate and draft contracts on your entity’s behalf;
- Filing suit on behalf of the entity.
When your business needs to close, for whatever reason, we can assist you by drafting and filing the following documents:
- Articles of Dissolution
- Minutes of the Board of Directors
- Minutes of the Shareholder(s)
- Notice to Known Claimants
- Notice to Unknown Claimants
Wage & Hour Claims
North Carolina’s Wage and Hour Act, N.C. Gen. Stat. Sections 95-25.1, et seq., sets the minimum wage in North Carolina at $6.15 per hour or the minimum wage found in paragraph 1 of section 6(a) of the Fair Labor Standards Act, 29 U.S.C. 206(a)(1), which ever is greater.
Additionally, North Carolina’s Wage and Hour Act requires employers to pay each employee who works longer than 40 hours in any workweek at a rate of not less than time and one half of the regular rate of pay of the employee for those hours worked in excess of 40 per week. See N.C. Gen. Stat. Sec. 95-25.4.
North Carolina’s Wage and Hour Act has a very broad definition of the term “wage.” Under the Act, “wage” includes sick pay, vacation pay, severance pay, commissions, bonuses, and other amounts promised when the employer has a policy or a practice of making such payments. See N.C. Gen. Stat. Sec. 95-25.2(16).
Any employer who violates the minimum wage and/or overtime provisions of North Carolina Wage and Hour Act is liable to the employee for the unpaid wages, plus interest at the legal rate. An employee has the right to bring an action to recover unpaid wages in the General Court of Justice. See N.C. Gen. Stat. Sec. 95-25.22. The Commissioner of Labor may also bring an action against an employer for unpaid wages at the request of an employee.
If you feel you are due unpaid wages from an employer you should make an appointment for a free consultation with one of our attorneys to review your options under both the North Carolina Wage and Hour Act and the Fair Labor Standards Act.
Wills & Estate Planning
Do I need a Will? Do I need a Health Care Power of Attorney? Do I need a Living Will? What is a Living Will? Do I need a General Power of Attorney? If you find yourself asking these questions, you should consider consulting an attorney to find out whether you need one or more of these documents. Please review the following checklist to help you determine whether you should make an appointment for a free consultation with one of our attorneys.
Will & Estate Planning Checklist