Summary of September 2025 Labor Law Updates for Charlotte, North Carolina
Welcome to the September 2025 labor law roundup for North Carolina, brought to you by the HKM Employment Attorneys’ Charlotte, North Carolina team. We highlight key court rulings, legislative changes, and regulatory developments affecting employees, employers, and HR professionals in the state.
Wade v. JMJ Enterprises, LLC — Court Ruling (FLSA / Wage Claim)
Date: September 16, 2025
Summary:
In Wade v. JMJ Enterprises, the U.S. District Court for the Middle District of North Carolina affirmed dismissal of claims by a group of mental health workers who alleged they were required to complete pre-employment training (in CPR, first aid, seizure management, etc.) without pay, before their formal start dates. The court held the trainings were “transferable” (i.e. beneficial beyond the employer) and thus did not satisfy the FLSA’s “employer training” exception criteria.
Implications:
Employers in NC can point to this decision as support for refusing to pay for certain pre-employment training, so long as (a) the training is transferable (i.e. helps employee in other contexts), (b) it doesn’t involve specialized tasks specific to the employer, and (c) the usual FLSA “trainee test” is satisfied. But caution is still necessary: cases may differ based on the nature of the training, how integral it is to the job, and whether the employee benefits primarily or employer benefits primarily.
Session Law 2025-71 (Mass Picketing & Workplace Violence Prevention Act) — Legislation / Amendment
Effective Date: July 9, 2025 (but relevant enforcement and awareness in September)
Summary:
This law expands North Carolina’s Workplace Violence Prevention Act (WVPA) to more expressly encompass “mass picketing,” obstruction, interference with access to workplaces, or blocking of public roadways as “unlawful conduct” under certain circumstances. Businesses can now seek civil no-contact orders not only in defense of individual employees, but for harms to the business where such obstructive conduct occurs.
Implications:
Employers in NC should update their policies and training to reflect that certain protest or picketing activity may now be actionable under the WVPA. HR and legal teams should review whether existing protections, access protocols, and emergency response plans adequately address scenarios involving large protests or obstructive conduct.
North Carolina Poster Updates — Regulatory / Administrative
Publish / Notice Timing: August 2025 (impact rolling into September)
Summary:
North Carolina revised its mandatory wage & hour and OSHA posters, updating formatting, contact information, department addresses, and reflecting a new Commissioner of Labor. Employers are required to display the updated versions to remain compliant.
Implications:
All NC employers should audit their posted versions immediately and replace any outdated notices. Failure to have the current posters may expose employers to penalties or citations. This is especially relevant as new commissioner Luke Farley assumed office in 2025.
Other Notable Developments (Contextual / National with Potential NC Impact)
Fourth Circuit’s Herkert v. Bisignano – Though not NC-specific, the Fourth Circuit recently held in Herkert that a job reassignment may qualify as an adverse employment action, reversing narrower doctrine under Muldrow. NC employers should monitor for how this influences discrimination and retaliation claims in this circuit.
National DOL Opinion Letters — The U.S. Department of Labor’s Wage and Hour Division issued new opinion letters in September addressing tip pooling, emergency pay, joint employment, and other topics. These may influence FLSA risk assessments for employers in NC.
Observations & Trends
The Wade case affirms a tightening of wage claims regarding pre-employment training, reinforcing that not all required training is compensable under FLSA if it meets the “trainee” carveouts.
The expansion of the WVPA suggests NC is increasing protections (or remedies) around workplace disruption and protest activity.
Administrative housekeeping like posters is low-drama but high-importance: employers often slip on these basics and face avoidable liability.
The broader Fourth Circuit developments and DOL opinion letters underscore that NC is not isolated — federal doctrine and national guidance continue to shape risk and compliance decisions locally.
Conclusion: Looking Back on North Carolina Labor Law Updates from September 2025
With North Carolina courts increasingly addressing discrimination, breach of contract, unpaid wages, and retaliatory employer conduct, having a dedicated employment lawyer in Charlotte is more critical than ever. At HKM Employment Attorneys in Charlotte, our all-plaintiff team—including managing partner Sunny Panyanouvong‑Rubeck and experienced litigator Taylor Adams—specializes in representing employees on issues from non-competes and harassment to wage and hour disputes with zero upfront fees . We bring trial-tested advocacy, local insight, and a no‑fee‑unless‑we‑win promise to every case. If recent court rulings in the Charlotte area have you reviewing your rights at work, reach out to our Charlotte office and let us help you take action.
