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WILLIAM JOSEPH AUSTIN, JR.

Ward and Smith, P.A. 5430 Wade Park Boulevard Raleigh, North Carolina 27607 (919) 277.9168 [T] - (919) 277.9177 [F] wja@wardandsmith.com

WILLIAM JOSEPH AUSTIN, JR.


Ward and Smith, P.A. 5430 Wade Park Boulevard Raleigh, North Carolina 27607 wja@wardandsmith.com (919) 277-9168[T] (919) 277-9177[F]

LAWYER: Labor & Employment Law, Workers' Compensation & Education Law
PROFESSIONAL PROFILE
"Work is common ground. Labor and employment law then is basic to our commerce and to each individual's pursuit of happiness. What better specialty could there be?" Joe Austin Commitment to labor and employment law and to the people and businesses it impacts is Joe Austin's watchword. His practice embraces all aspects of the employment relationship. He has over 30 years of experience litigating employment and civil rights issues in both state and federal courts. He also represents employers before the Equal Employment Opportunity Commission, the National Labor Relations Board, the Employment Security Commission, state and federal Wage and Hour divisions, and the North Carolina Industrial Commission. Education Law has also been a major part of Joe's practice. Joe has represented community colleges for nearly thirty years in employment and civil rights cases, as well as in a broad array of issues having to do with governance and administration. Joe has also done original research and writing on the subject of Academic Freedom and related First Amendment issues. Alternative dispute resolution is another aspect of Joe's practice. He is on the Employment Panel of National Arbitration and Mediation, and he also serves as a Certified MSC Mediator in the State of North Carolina. Joe has enjoyed his service to the North Carolina Bar Association for over thirty years, including council membership in the Labor and Employment, Workers' Compensation, and Litigation Sections. He is a former editor of "The Course and Scope" newsletter for the Workers' Compensation Section and "The Litigator" newsletter of the Litigation Section. He has been active in the Law Related Education initiative and will chair the 2013 Justice Training Institute. Joe frequently speaks at seminars on the At-Will Rule, Workers' Compensation, the Family and Medical Leave Act, the Americans with Disabilities Act, and the North Carolina Retaliatory Employment Discrimination Act.

PRACTICE AREAS / EDUCATION / ADMISSIONS Practice Groups: Practice Specialties: Formal Education: Labor and Employment, Employee Benefits, and Education Law Employment Discrimination, Workers' Compensation, Employee Benefits and Education Law J.D., University of North Carolina at Chapel Hill, 1978 North Carolina Law Review, Holderness Moot Court Bench, National Moot Court Team M.A., Duke University, School of Public Policy, Durham, NC, 1978 B.A., Phi Beta Kappa, University of North Carolina at Chapel Hill, 1973 American Bar Association North Carolina Association of Community College Attorneys North Carolina Bar Association (1978) Chair, Special Observances Committee, 1982 Member, Labor and Employment Council, 1993 - 1996 Editor, The Course and Scope, newsletter of the Workers' Compensation Section, 1995 - 1996 Member, Workers' Compensation Council, 1996 - 1999 Editor, The Litigator, newsletter of the Litigation Section, 1999 - 2001 Member, Litigation Council, 2001 2004 Chair, Justice Training Institute, 2013 Supreme Court of the United States of America All state courts in North Carolina United States Court of Appeals for the Fourth Circuit United States District Courts for the Eastern, Middle, and Western North Carolina Districts United States Tax Court The Best Lawyers in America, 2009-2013 "Legal Elite," Business North Carolina, 2012-2013

Bar Admissions & Memberships:

Court Admissions:

Honors and Distinctions:

WILLIAM JOSEPH AUSTIN, JR.


- Page 2 of 3 RECENT PUBLICATIONS
Labor and Employment: Published by WRAL LocalTechWire devoted to high tech business sectors in the Carolinas Demystifying the Family and Medical Leave Act (2007) Employment Issues for Three Guys in the Garage (2008) Employers Beware: New Liability for 401(k) Plans (2008) Retaliation: When Employer 'Payback' May Pay Off for the Employee (2008) Employment At Will Rule: A Doctrine under Siege (2009) Express Yourself: Workplace Breast Pumping in the Health Care Reform Act (2010)

Education Law: Newsletter of the Education Law Section of the North Carolina Bar Association Academic Freedom: Checks and Balances (May, 2010) Academic Freedom: Checks and Balances Part II, Does the Individual Teacher Have Rights? (November, 2010)

Age Discrimination Update: Published in "Legal Currents" at http://www.wardandsmith.com/articles Part I (Summer 2012) Part II (Fall 2012)

SELECTED LEGAL SERVICES


Developed and presented a program called "Prevention of Illegal Harassment in the Workplace" to employees in public and private sectors: The Law of Illegal Harassment Investigation protocols and techniques Hypothetical cases and solutions Job action in proportion to the offense Remediation for the victim Concerns in litigation

Championed the design of materials and presentations for an in-service training program called "Supervision: The Art and Science" including modules on numerous subjects in public and private employment: Managing People: A Primer for First-Line Supervisors Age Discrimination Update Questions to Ask Before Taking Disciplinary Action The Law of Illegal Discrimination and Wrongful Termination in Employment Employee Personnel Records Immigration and National Origin Internet Use and Abuse Hiring Procedures: Policies and EEO Workplace Violence Dispute Resolution in the Workplace Reduction in Force

Provided key legal counsel and service to community colleges: Counsel to administrators on a wide range of issues Investigate misconduct by employees and students Monitor and provide counsel in disciplinary actions to assure compliance with policies and Due Process Draft policies & defend lawsuits Conduct EEO audits Representation before U.S. Department of Education, Office of Civil Rights Successful defense of Equal Pay Act lawsuit, Strag v. Board of Trustees, 55 F. 3d 943 (1995) Attend Board and Committee meetings Adjunct Instructor, Employment Law and Regulations for Business (seated classes and online instruction) Conduct workshops for the N.C. Justice Academy FERPA compliance Academic Freedom

RECENT PRESENTATIONS Employee Absence and Accommodation: The FMLA, ADAAA, Workers' Compensation and REDA in North Carolina 2012 N.C. Society for Human Resource Management Conference Wilmington, North Carolina September 20, 2012 Forewarned is Forearmed: Reducing the Risk of Wrongful Termination Claims Employment Laws Made Simple sponsored by National Business Institute Greensboro, North Carolina November 5, 2012 Workplace Injury and Illness in North Carolina: Navigating Workers' Compensation, Amended ADA, FMLA, and REDA Employment Law Update sponsored by Lorman Education Services Raleigh, North Carolina December 5, 2012

WILLIAM JOSEPH AUSTIN, JR.


- Page 3 of 3 SELECTED PRESENTATIONS & SPEAKING ENGAGEMENTS
Workers' Compensation Law Update presented by National Business Institute (December 8, 2010)

Building Your Case with Thorough Investigation

Fundamentals of Employment Law Seminar presented by Sterling Education Services, Inc. (February 23, 2010) ADA Overview and Update FMLA Compliance Update

Panelist, "Getting Along Professionally," Professionalism in Practice: A Local Perspective, presented by the Chief Justice's Commission on Professionalism, September 17, 2009, Greenville, North Carolina Employment Law Update Seminar presented by Sterling Education Services, Inc. (March 4, 2009)

Protecting At-Will Employment Employment at-will, in theory and in practice Implied contractual relationships Compliance with anti-discrimination laws Avoiding wrongful discharge claims Developments in FMLA Compliance and the Overlap of ADA, FMLA, and WC When Dealing with Absences of Ill, Injured, and Disabled Employees

North Carolina Workers' Compensation Conference; presented by the Council on Education in Management Avoiding Legal Land Mines in Your Leave of Absence Program by Ensuring Compliance with Workers' Comp, ADA, FMLA, and Other Leave Laws (March 22, 2007)

Workers' Compensation Update Seminar; Greenville, North Carolina; presented by Ward and Smith, P.A. in collaboration with Lorman Education Services

Served as course planner, primary course author and speaker (2006 - 2008)

PROFESSIONAL EXPERIENCE
WARD AND SMITH, P.A., Raleigh, NC Labor & Employment Law Attorney (August 1978 - Present)
Proof of Performance & Key Responsibilities:

Provide expert legal counsel in the area of Labor and Employment Law. Work with clients to develop and defend policies and practices related to the employment relationship. Proactive approach to assist clients in avoiding personnel and employment law disputes. Litigate civil rights, discrimination, state and federal wage and hour issues, wrongful termination charges and unemployment claims, occupational safety and health matters, labor disputes, and workers' compensation claims. Appear before state and federal courts and regulatory and administrative agencies such as the Equal Employment Opportunity Commission, National Labor Relations Board, the North Carolina Industrial Commission, and federal and state departments of labor. Involved in alternative dispute resolution and service as arbitrator and mediator. Plan and present seminars not only for national providers, but also for clients to educate management and employees. Topics have included employment law compliance, illegal harassment, supervisory education, and labor law compliance. Ensure the highest standards of client relationship, services, and quality legal representation. Service to legal education: Frequent judge for competitions in moot court, mock trial, client counseling, and negotiation. Active in Law Related Education activities of the North Carolina Bar Association.

Ward and Smith, P.A., is the successor to a practice founded in New Bern, North Carolina, in 1895. Our firm is composed of 80 attorneys and an additional 200 support staff members who serve clients locally, regionally, nationally, and internationally from offices in Asheville, Greenville, New Bern, Raleigh, and Wilmington. The firm is committed to quality and responsiveness and to building and maintaining a relationship with every client. We understand that our clients' needs are unique. We strive to learn about those needs and to deliver a product tailored to meet them. We also often form teams of knowledgeable professionals, from within the firm, from outside the firm, and from related disciplines, to develop strategies to help our clients prepare for future challenges and overcome obstacles.

Most Recent Community Service: Director, Johnston Health Foundation (2007 - Present) Vestry, St. Paul's Episcopal Church, Smithfield, NC (2006 - 2008; 2010 - 2012) Director, Public Radio East Foundation (2010-2013 Term)

Professional References & Selected Publications Are Available Upon Request


ND: 4836-5393-9971, v. 1

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