Richard L. Rainey

About Richard's Practice

Richard L. Rainey is a partner of Womble Bond Dickinson (US) LLP and has practiced labor and employment law in the firm's Charlotte office since 1987. He has extensive experience successfully litigating employment disputes on behalf of employers in the courtroom and before administrative agencies. His litigation practice also includes actions involving covenants not to compete, theft of trade secrets, unfair competition, employee raiding, fair housing and equal credit. He advises clients on effective and practical methods to prevent exposure to employment law liability under Title VII, FLSA, FMLA, OSHA, ADA, and ADEA.

Richard has been recognized as one of North Carolina's leading labor and employment law attorneys with the following distinctions: North Carolina Super Lawyer (2006-2009); Legal Elite of North Carolina (2006-2007); Best Lawyers in America (2005-2009) and Chambers USA: America's Leading Lawyers For Business (2004-2009). He has written and lectured widely on a variety of employment law topics, including sexual harassment, drug testing, ADA, FMLA, OSHA, wage and hour compliance, and workplace violence.

Education

• University of North Carolina School of Law, J.D., 1987
  - Order of the Coif
  - American Jurisprudence Awards
• University of Delaware, B.A., summa cum laude, 1984

Major Publications & Speaking Engagements

• Editor, North Carolina Employment Law Letter (since 1993)
• Contributing Editor, Midsouth Employment Law Letter
• Quoted, "NLRB Announces Plans for Rules on Joint Employment, Union Election Procedures," HR Daily Advisor, June 23, 2022
• Author, "Fired employee wins arbitration award despite at-will status," North Carolina Employment Law Letter, May 2022, and HR Daily Advisor, May 9, 2022
• Quoted, "Time for Contractors to Prepare for New $15 Minimum Wage Rule," HR Daily Advisor, July 27, 2021
• Author, "Local discrimination laws ramp up in North Carolina," North Carolina Employment Law Letter, March 2021, and HR Daily Advisor, March 1, 2021
• Author, "Looking ahead to 2021 after volatile election season," North Carolina Employment Law Letter, January 2021, and HR Daily Advisor, December 1, 2020
• Author, "EEOC settles NC discrimination case," North Carolina Employment Law Letter, December 2020, and HR Daily Advisor, November 25, 2020
• Author, "Charlotte company pays for FFCRA misstep," North Carolina Employment Law Letter, October 2020, and HR Daily Advisor, August 31, 2020
• Quoted, "DOL Offers New COVID Guidance on FLSA, FMLA, FFCRA," HR Daily Advisor, July 22, 2020
• Quoted, "Young and Savvy vs. Older and Wiser: Workplace Ageism in the Spotlight," Diversity Insight, January 17, 2020
• Quoted, "Jobseekers Market? Not for Professionals Over 50," Diversity Insight, July 19, 2019
• Quoted, "Employers Seeing Impact of Government Shutdown," HR Daily Advisor, January 7, 2019
• Author, "Teacher who suffered stroke after meeting with principal denied workers' comp," North Carolina Employment Law Letter, May 2018, and HR Daily Advisor, June 26, 2018
• Author, "Asheville hospital settles religious discrimination claims over flu vaccine policy," North Carolina Employment Law Letter, February 2018, and HR Daily Advisor, March 13, 2018
• Quoted, "Caution Advised for Employers Considering DOL's New PAID Program," HR Daily Advisor, March 8, 2018
• Author, "EEOC ends fiscal year with flurry of suits," North Carolina Employment Law Letter, November 2017, and HR Daily Advisor, December 26, 2017
• Author, "EEOC challenges North Carolina hospital's mandatory flu vaccine policy," North Carolina Employment Law Letter, May 2016, and HR.BLR.com, June 29, 2016
• Author, "North Carolina court: $100 adequate compensation for noncompete" North Carolina Employment Law Letter, November 2015, and HR Daily Advisor, April 5, 2016
• Quoted, "Federal agencies cracking down on gender identity discrimination," HR Hero Line, May 13, 2015
• Author, "North Carolina General Assembly does more than just invalidate Charlotte LGBT ordinance," Human Resources News, March 24, 2016
• Author, "North Carolina restaurant sued for sexual harassment and retaliation," North Carolina Employment Law Letter, December 2015, and HR.BLR.com, January 20, 2016
• Author, "Layoff process shields employer from gender bias, retaliation claims," North Carolina Employment Law Letter, December 2015, and HR.BLR.com, January 13, 2016
• Author, "North Carolina court upholds employee's termination for refusing flu shot," North Carolina Employment Law Letter, October 2015, and HR.BLR.com, November 4, 2015
• Author, "Employers can be held liable for anonymous threats," North Carolina Employment Law Letter, August 2015, and HR.BLR.com, Sept. 10, 2015
• Author, "EEOC's religious discrimination case on behalf of Jehovah's Witness resolved," North Carolina Employment Law Letter, July 2015, and HR.BLR.com, August 20, 2015
• Author, "Giving thanks: an employment lawyer's list," North Carolina Employment Law Letter, November 2013, and HR Hero Line, November 27, 2013
• Author, "Employee's own testimony sinks her case," North Carolina Employment Law Letter, January 2011, and Diversity Insight, February 20, 2011
• Presenter, "FMLA Master Class," Charlotte, NC (Nov. 2009)
• Contributor, Americans with Disabilities Act Compliance Guidebook (1992, M. Lee Smith Publishers)
• Contributor, State OSHA Special Report, Government Institutes
• "Older Worker's Benefit Protection Act," North Carolina Bar Association Labor & Employment Law Section Newsletter (1991)
• "Fetal Protection Policies Unprotected," North Carolina Bar Association Labor & Employment Law Section Newsletter (1991)

Professional Recognition

• Listed in The Best Lawyers in America
• Listed in Chambers USA: America's Leading Lawyers for Business
• Listed in Legal Elite of North Carolina
• Listed in North Carolina Super Lawyers

Admitted to Practice

North Carolina Supreme Court; U.S. Court of Appeals, Fourth Circuit; U.S. District Courts, Eastern, Middle and Western Districts of North Carolina, District of Colorado, and Eastern District of Michigan