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Administrative and Regulatory Law, and
Workers’ Compensation Noncompliance Penalties
Serving The Needs Of North Carolina Businesses
At Dysart Willis, we serve the needs of North Carolina businesses, employers and entrepreneurs with a wide variety of issues. With a focus on the needs specific to small business owners, our attorneys represent various companies, non-profit organizations, and licensed professionals handling civil litigation, contract negotiation and enforcement, internal corporate governance, and regulatory and administrative law matters.
Our Business Law Practice
Dysart Willis attorneys are adept at handling everything from general outside counsel work to a la carte representation and special projects, including:
- Administrative law
- Cannabis law (Hemp and CBD)
- Civil litigation
- Contract disputes
- Employment law issues
- Entity formation and dissolution
- Gaming law including sweepstakes and skill-based gaming
- Professional licensing board hearings
- Tax advisement
- Workers’ Compensation/Industrial Commission Noncompliance Penalties and Contempt Hearings
A Smaller Law Firm To Ensure Responsive Service
Our lawyers bring the knowledge and experience of a larger firm but with a more nimble practice can provide carefully tailored solutions to achieve our clients’ legal goals. Our intimate size ensures that our business law clients receive responsive service and competitive rates.
Industrial Commission Penalties And Workers’ Compensation Noncompliance
For years Dysart Willis has been at the forefront in representing North Carolina businesses that have received a Penalty Assessment Order from the Industrial Commission for failure to carry workers’ compensation insurance. Penalty Assessment Orders from the North Carolina Industrial Commission allege that an employer has failed to carry workers’ compensation insurance and can impose a penalty, often for tens of thousands of dollars. Generally, NCGS § 97-93 requires that any employer with three or more employees have workers’ compensation coverage and NCGS § 97-94 allows for a daily penalty if an employer fails to have such insurance.
Additionally, the statute permits potential criminal charges and contempt proceedings if the employer fails to take action. Business owners are often shocked when they receive a criminal citation in criminal court or a show cause order requiring an appearance before the Industrial Commission.
A focused effort by the Industrial Commission to enforce compliance has been in effect since roughly 2013. As discussed here, beginning in early 2017 the Industrial Commission adopted a punitive approach to these cases which has unnecessarily and unfairly threatened small businesses and business owners.
There have been a variety of recent changes to this area of the law. The good news for employers is that following significant revisions to the law in July 2018, these changes have generally been positive. Dysart Willis has successfully helped hundreds of small business owners navigate these cases, reduce or eliminate the penalty, and achieve the best possible outcome. Collectively Dysart Willis Houchin & Hubbard has helped clients save more than one million dollars in penalties sought by the State.
Cannabis Law (Hemp and CBD)
Following recent changes to federal and state law, the cultivation, processing, and sale of hemp and hemp derivatives including cannabidiol (CBD) and other cannabinoids are now legal in North Carolina and in many other states. As businesses seek to take advantage of this exciting new industry, they must navigate a complex series of federal and state statutes and agency regulations. It is crucial to have experienced legal counsel to stay informed of the evolving legal landscape in order to avoid costly civil penalties and criminal consequences.
The laws concerning electronic sweepstakes, skill-based contests, and video gaming machines can be confusing and consequences for violations are serious. Business that fail to comply with applicable statutes can be shut down by law enforcement and risk forfeiture of assets and property linked with illegal gambling activity. Dysart Willis Houchin & Hubbard represents businesses involved in all aspects of the electronic gaming industry to help ensure compliance with the law. Our attorneys are familiar with the ever changing interface formats and software modifications that can sometimes mean the difference in legitimate gaming and illegal gambling. Our work has included:
- Defense of state and federal criminal charges for gaming violations
- Issuing cease and desist warnings and demands to industry competitors engaged in illegal or impermissible conduct
- Navigating banking regulations on behalf of gaming clients
- Negotiation of non-prosecution agreements
- Obtaining gaming licenses/certifications through applicable state agencies
- Seeking the return of gaming property and assets seized by state agencies
Contact Our Attorneys
Reach out to our firm if you need assistance with an administrative hearing, an assessment order by the Industrial Commission or other business law matters. Additionally, if you have questions about your business in the nuanced fields of hemp or electronic sweepstakes/skill-based gaming, give us a call to discuss how we can help. We focus on handling issues for small businesses and entrepreneurs. Call 919-747-8380 today.