William Joseph Austin, Jr.
Mr. Austin's practice experience encompasses all aspects of the employment relationship. He has litigated employment and civil rights issues in federal and state courts. Mr. Austin also represents employers before the Equal Employment Opportunity Commission, the National Labor Relations Board, the Employment Security Commission, federal and state wage and hour divisions, and the North Carolina Industrial Commission. He has served on numerous North Carolina Bar Association Councils including the Labor and Employment Council from 1992 to 1995; Workers' Compensation Council from 1996 to 1999; and Litigation Council from 2001 to 2004. In addition, Mr. Austin edited The Course and Scope newsletter of the Workers' Compensation Section from 1995 to 1996 and The Litigator newsletter of the Litigation Section from 1999 to 2001. He has litigated workers' compensation claims before the North Carolina Industrial Commission for more than 30 years, and has also been appointed as special counsel on issues dealing with workers' compensation in the United States Bankruptcy Court for the Eastern District of North Carolina. Mr. Austin is a frequent speaker and course planner for seminars on workers' compensation, the Family and Medical Leave Act, and the Americans with Disabilities Act. He has been rated by his peers as being "preeminent" in his fields of law. Mr. Austin is certified in Employee Benefits Law by the Institute for Applied Management and Law.
Practice Group
Labor and Employment
Practice Concentration
Employment Discrimination
Workers' Compensation
Employee Retirement Income Security Act
Admitted to Practice
North Carolina, 1978
All state and federal courts in North Carolina
United States Court of Appeals for the Fourth Circuit
United States District Court for the Eastern, Middle, and Western Districts of North Carolina
United States Tax Court
Honors and Distinctions*
The Best Lawyers in America, 2009-2010
Education
J.D., The University of North Carolina School of Law, 1978. North Carolina Law Review, Holderness Moot Court Bench, National Moot Court Team.
M.A., Duke University, 1978
A.B., Phi Beta Kappa, The University of North Carolina at Chapel Hill, 1973
Professional and Community Affiliations
American Bar Association Sections: Labor and Employment Law; State and Local Government Law
Johnston Memorial Hospital Foundation (member, board of directors)
National Arbitration and Mediation Employment Panel
North Carolina Association of Community College Attorneys
North Carolina Association of Municipal Attorneys
North Carolina Bar Association Sections: Education Law; Labor and Employment Law; Litigation; Workers' Compensation (past editor, Litigation and Workers' Compensation newsletters; past council member, Labor and Employment, Workers' Compensation, and Litigation Sections)
Publications
Labor and Employment
Demystifying the Family and Medical Leave Act
Employee Absence Poses New Legal Risks to Employers
The Employment At-Will Rule: A Doctrine Under Siege
Employment Issues for Three Guys in the Garage
Express Yourself: Workplace Breast Pumping in the Health Care Reform Act
Family and Medical Leave Act Rights Expanded for Military Families
Retaliation: When Employer 'Payback' may Pay Off for the Employee
*Please see www.bestlawyers.com for an explanation of the standards of membership for the listing above.
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