Three Ward and Smith attorneys shared critical insights on an array of legal topics impacting the construction industry, including updates on the shifting landscape of employment regulations, the nuances of North Carolina's Notice of Contract Mechanism, and guidance for mastering insurance provisions that protect your projects and company.

The rapid-fire session kicked off the firm's 2025 Construction Conference. To help construction business owners and leaders mitigate risk and gain a competitive edge, the discussion featured information on a variety of key issues, including:

• Noncompete agreements
• OSHA's new heat hazard rule
• Notice of Contract best practices
• Insurance policy implications for contractors

Employment Law Updates

Emily Massey, a North Carolina Board Certified Specialist in Employment Law, shared that the death of noncompete agreements has been greatly exaggerated. "There is currently not a ban on noncompete agreements, but the rules are constantly evolving as far as what is enforceable," advised Massey, "so if you have a non-solicitation agreement or noncompete agreement in place, you should have it reviewed by legal counsel."

Overtime exemption guidelines are frequently changing. Currently, the minimum salary threshold to classify an employee as exempt is $684 per week, or approximately $35,568 annually.

"There's a long history with this, and we haven't had enough coffee to fully delve into it," joked Massey, "but the takeaway is that we recently reverted...

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