Lawyer Bio : Richard L. Rainey
Richard L. Rainey
Charlotte
Richard has extensive experience successfully litigating employment disputes on behalf of employers in the courtroom and before administrative agencies such as the Equal Employment Opportunity Commission, the National Labor Relations Board and the U.S. and N.C. Department of Labor. 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, the Fair Labor Standards Act, Family and Medical Leave Act, OSHA, the Americans with Disabilities Act and the Age Discrimination in Employment Act. Richard represents a wide range of clients, including a major wireless component manufacturer, a major furniture manufacturer, the nation’s leading coupon processing company, leading medical centers, and also smaller, entrepreneurial enterprises.
Richard has written and lectured widely on a variety of employment law topics, including sexual harassment, drug testing, wage and hour compliance and workplace violence. Richard is the co-editor of the North Carolina Employment Law Letter, which is a monthly publication updating employers on developments in North Carolina and federal law. His duties as editor ensure that he stays current with new decisions and developments.
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 - 2008); Legal Elite of North Carolina (2006 - 2007); Best Lawyers in America (2005-2008) and Chambers USA: America’s Leading Lawyers For Business (2004 - 2008).
Recent Cases of Note
Brooks v. Microsoft Corp., 2004 WL 474145 (4th Cir. 2004) (Summary judgment obtained in disability discrimination case);
Sutton v. Zemex Corp., 261 F.Supp.2d 392 (W.D.N.C. 2003) (Summary judgment obtained in sex harassment case);
Alderman v. Inmar Enterprises, Inc., 201 F.Supp.2d 532 (M.D.N.C. 2002) (Summary judgment obtained in age discrimination case);
Hatton v. Thomasville Furniture Industries, 2001 WL 52679 (4th Cir. 2001) (Summary judgment obtained in race discrimination case);
Woody v. Walters, 54 F.Supp.2d 574 (W.D.N.C. 1999) (Summary judgment obtained in ERISA benefits case);
Dewitt v. Mecklenburg County, 73 F.Supp.2d 589 (W.D.N.C. 1999) (Summary judgment obtained in sex discrimination and retaliation case);
Wilson v. McDaniel and Winston-Salem/Forsyth County Schools, 54 FEP Cases 1499 (M.D.N.C. 1991), affirmed 935 F.2d 1289 (4th Cir. 1991) (Title VII race discrimination case on which summary judgment was granted);
Richardson v. Cabarrus County Board of Education, 151 F.3d 1030, 1948 WL 371999 (4th Cir. 1998) (Dismissal obtained of Title VII case involving claims of race discrimination in promotion decisions);
Morrocco v. Goodwill Industries, 61 FEP Cases 1547 (M.D.N.C. 1993) (Summary judgment obtained in pregnancy discrimination case);
Glenn v. Baluss, 884 F.2d 1388, 1989 WL 100559 (4th Cir. 1989) (Summary judgment obtained in constitutional due process and First Amendment rights case).
Contact
- (704) 331-4967
- (704) 338-7835
Professional Activities
Bar Associations: American Bar Association; North Carolina Bar Association, Labor and Employment Law Section, Treasurer, 1995 and Council Member 1997-2000; Mecklenburg County Bar Association.
Admitted to bar, 1987, North Carolina. Admitted to practice before the North Carolina Supreme Court, the Fourth Circuit Court of Appeals and the United States District Court for the Eastern, Middle and Western Districts of North Carolina and the District of Colorado, and the Eastern District of Michigan.
AV rated by Martindale-Hubbell.
Education
Publications
Co-editor, North Carolina Employment Law Letter, M. Lee Smith Publishers 1993 - current;
Contributor, 50 Employment Laws in 50 States, Employer Counsel Network, M. Lee Smith Publishers (2005);
Contributor, American with Disability Act Compliance Guidebook, M. Lee Smith Publishers (1992);
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).
Presentations
- "FMLA Master Class," co-presenter, sponsored by the North Carolina Employment Law Letter, Durham, NC, April 17, 2008;
- "FMLA Master Class," co-presenter, sponsored by the North Carolina Employment Law Letter, Charlotte, NC, April 15, 2008;
- "Wage and Hour Master Class," co-presenter, sponsored by the North Carolina Employment Law Letter, Charlotte, NC, October 9, 2007;
- "Intersection of Psychiatric Disabilities and the ADA: A Roadmap to Compliance," a Womble Carlyle Breakfast Briefing co-presented by Richard L. Rainey and Stuart A. Brock in Charlotte, North Carolina, June 14, 2007;
- "FMLA Master Class - The Advanced Interactive Workshop for North Carolina Employers", North Carolina Employment Law Letter, co-presented by Richard Rainey, Stuart Brock and Sheri Roberson in Charlo tte, NC, November 8, 2006;
- "Identity Theft: What employers need to know to protect themselves and their employees," a Womble Carlyle Breakfast Briefing co-presented by Richard L. Rainey and Stuart A. Brock in Charlotte, North Carolina, July 12, 2006;
- "Recent Developments in Wage and Hour Law," a Womble Carlyle Breakfast Briefing co-presented by Richard L. Rainey and Stuart A. Brock in Charlotte, North Carolina, April 12, 2006;
- Legal Update, (IPMA -- Southern Region Conference, April 2005);
- Conducting a Legal Internal Investigation: Employee Rights, (Association of Certified Fraud Examiners, Charlotte Chapter meeting, October 7, 2004);
- Immigration and Employment Issues in the Workplace: A 2003 Update, (September 30, 2004);
- Alternative Dispute Resolution, (Human Resources Law Update, Sterling Education Series, September 21, 2004);
- The "White Collar" Exemptions Under The Fair Labor Standards Act: An Analysis of the Regulatory Revisions", (DataMax Seminars, July 21, 2004);
- Update On The Fair Labor Standards Act ("FLSA"), (North Carolina Hospital Human Resource Association Spring Conference, March 26, 2004);
- Alternative Dispute Resolution Update, (Labor And Employment Law Update, Sterling Education Series, March 9, 2004).
Areas of Proficiency
- Litigation of Labor and Employment Cases
- Counseling Employers on Labor and Employment Law
- Compliance and Risk Management
- Supervisor Training
- Non-competition and Trade Secret Litigation
- Fair Housing and Equal Credit Litigation