Understanding the Legal Basis for the Strike Down of Wilmington’s Short-Term Rental Ordinance

To understand the Superior Court judge’s rational for striking down the city of Wilmington’s whole-house lodging ordinance (Sec. 18-329), it is helpful to review the law that served as the basis for the decision.  As discussed in this previous blog post, S.L 2017-73 clarified that properties subject to the Vacation Rental Act, including short-term rentals (STRs), are also subject to the requirements set forth in the Periodic Inspections statutes (previously G.S. 160A-424 & 153A-364, now G.S. 160D-1207). The Periodic Inspection statutes afford owners of residential rental properties certain protections because the law limits local government authority to conduct periodic inspections, prohibits the registration of residential rental property, limits permitting, and bans the imposition of taxes and fees not likewise charged to commercial rental properties.

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Revised FFCRA Regulations Effective September 16, 2020

On September 16, 2020, the United States Department of Labor (DOL) published revisions to its Families First Coronavirus Response Act (FFCRA) regulations in the Federal Register. The revisions were made in response to an August 3, 2020 ruling by a federal judge in New York holding that DOL had exceeded its statutory authority with respect to four features of the FFCRA regulations. The court found those four features to be invalid. In response, DOL has now revised certain of the FFCRA regulations to bring them in compliance with the judge’s order. To learn what this means for North Carolina local government employers, read on. Read more »

Where (and Just What) is the “Personnel File”?

Philemona has just started a job as a Human Resources Director in Charterville.  She has years of expertise, but she is new to North Carolina. At the end of her first day, the manager asks whether she has any questions. “Yes,” she says, “just one. I’ve heard a lot today about the employees’ personnel file. Where can I find that?”  The manager says, “Great question! Under North Carolina law, the ‘personnel file’ is more a concept than a physical thing.” Like Philemona, you might have questions about the personnel file. This blog answers some you may have, even if you’re not new to your job. Read more »

It’s Time for a New SOG Cohort of Elder Abuse Multidisciplinary Teams

How does elder abuse show up in your community?

How has the COVID-19 pandemic affected how that abuse happens or how local professionals respond to it?

A new opportunity to address these concerns is opening up September 9th.

The intent of the North Carolina Elder Protection Network is to connect, inform, and support our public professionals who are working together to find ways to prevent and respond to abuse of older adults.

Thanks to support from the NC Policy Collaboratory, we are expanding this work into ten more counties.  Building upon the success of the 2019 workshop in which seven county teams[1] participated, applications for the 2020 cohort will open September 9th.

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IRS Issues Guidance on the Employee Social Security Tax Deferral

On August 8, 2020, President Trump issued an Executive Order  as part of an effort to put more spending money in consumers’ pockets and stimulate the economy.  The Order authorized employers to defer the withholding and deposit of the employee portion of the social security tax. To be technical about it, the President directed the Secretary of the Treasury to authorize the deferral, as only the Secretary has the authority to do so under the Internal Revenue Code. For most of August, employers were left wondering about some basic questions.  Would the deferral be voluntary or required?  When, if ever, would the money have to be recouped and deposited with the IRS? Secretary Mnuchin made a few comments in television interviews, but most employers wanted something a little more substantial in the way of guidance. On Friday, August 28, 2020, the IRS issued Notice 2020-65, which answered basic questions about how the deferral will work. Read more »

Local government support for small business recovery and reopening

It is never too soon to start thinking about recovery, even in the midst of the pandemic. As communities look toward recovery, leaders are wrestling with how to establish a legally permissible aid program to assist small businesses with reopening. Many local governments established small business loan programs with long “no payment” periods to ensure businesses had access to capital to handle cash flow issues during the pandemic, and those programs, coupled with federal loan and grant programs, stabilized many businesses. However, some small businesses will still find it challenging to reopen due to unpaid bills and an unmanageable debt burden. With unemployment at record levels in the midst of a formally declared pandemic disaster, there is a compelling government reason to help stabilize viable businesses that are able and willing to hire back and retain the unemployed. This post will refer to such an effort as a “Reopen and Rehire” program. A prior post, Using Federal Coronavirus Relief Funds for Small Business Support, analyzed the legality of small business loan and grant programs. This post applies similar analysis to a “Reopen and Rehire” program and reviews the implications for program design. Read more »

Now What? Utility Billing and Collections Post Executive Orders 124/142

On March 31, 2020, Governor Cooper issued Executive Order 124, which, among other things, prohibited certain collection practices by local government utilities due to the COVID-19 pandemic. Most of the utility-related provisions of Executive Order 124, as amended by Executive Order 142, (hereinafter EO 124/142) expired at 11:59pm on July 29, 2020. That means that local government utilities may resume normal billing and collection practices, including disconnections and late penalties, for customers who go delinquent on or after that date. There are some mandates under EO 124/142 that remain in effect for another six months (through January 29, 2021), though. This blog post explains those remaining obligations. It incorporates recent guidance from the NC Attorney General’s Office (AG’s Office) on how that Office interprets certain provisions of EO 124/142, specifically related to a local government utility’s continuing obligations. Read more »