Benton L. Toups

Benton is a partner in the firm’s Wilmington office. His practice concentrates on representing businesses in all aspects of labor and employment law. He has represented employers before the Equal Employment Opportunity Commission, the Department of Labor, the North Carolina Industrial Commission, and several state and federal courts. He has extensive experience assisting employers with claims of discrimination and harassment under Title VII, the Americans with Disabilities Act (ADA), and the North Carolina Retaliatory Employment Discrimination Act (REDA), as well as claims for unpaid wages and overtime pursuant to the Fair Labor Standards Act (FLSA). In addition to defending existing claims, Benton routinely counsels employers on day-to-day issues and assists them in developing and implementing effective policies in order to avoid employment litigation. He has spoken to businesses, attorneys, and insurers on claims avoidance and litigation strategy. Benton was selected by Business North Carolina magazine as a North Carolina Legal Elite in the field of Employment Law in 2010 and 2011. He was also named one of North Carolina’s 2009, 2010 and 2011 Rising Stars in Employment and Labor Law. Awards and Honors Super Lawyers® Selectees Benton L. Toups included in a Super Lawyers® list Honors Martindale-Hubbell, AV Rated Selected for inclusion in The Best Lawyers in America® in the fields of Employment Benefits (ERISA) Law (2023); Employment Law - Individuals (2023); Employment Law - Management (2023) Selected for inclusion in NC Super Lawyers in the field of Employment and Labor Law (2019 - 2022) Selected by NC Super Lawyers as a Rising Star (2009 - 2013, 2015) Business NC Legal Elite in the field of Litigation Law (2021) Business NC Legal Elite in the field of Employment Law (2010, 2014, 2015, 2017-2023) Selected by North Carolina Lawyers Weekly as one of 30 statewide finalists for its Emerging Legal Leaders Award (2010) Other Sources of Feedback About Benton L. Toups Included on the 2026North Carolina Super Lawyers list Past Lists 2025 North Carolina Super Lawyers list 2024 North Carolina Super Lawyers list 2023 North Carolina Super Lawyers list 2022 North Carolina Super Lawyers list 2021 North Carolina Super Lawyers list 2020 North Carolina Super Lawyers list 2019 North Carolina Super Lawyers list 2015 North Carolina Super Lawyers list 2013 North Carolina Super Lawyers list 2012 North Carolina Super Lawyers list 2011 North Carolina Super Lawyers list 2010 North Carolina Super Lawyers list 2009 North Carolina Super Lawyers list

• Partner

• Louisiana, 2000
• North Carolina, 2002
• U.S. District Court Middle District of North Carolina, 2005
• U.S. District Court Eastern District of North Carolina, 2002
• U.S. District Court District of Colorado, 2001
• U.S. District Court Western District of Louisiana, 2001
• U.S. District Court Eastern District of Louisiana, 2000
• U.S. Court of Appeals 4th Circuit

• 2019 Wilmington Regional Safety and Health School Panel Discussion on return to work issues
• NCBA, Member
• NCADA, Employment Law Committee Chair (2012-2013)
• Lower Cape Fear Human Resources Association, Legislative Chair (2010-2011)
• New Hanover County Bar Association, Board of Directors (2009-2011)
• Coastal Conservation Association, NC Vice President (2005-2006)
• Cape Fear Soccer Club, former member of the Board of Directors
• Cameron Executive Network mentoring program for UNCW Cameron School of Business
• Volunteer youth basketball coach