The federal Department of Labor is stepping up enforcement of the Fair Labor Standards Act (FLSA) with regard to unpaid internships because such arrangements very well could be violating the FLSA’s minimum wage requirements. In other FLSA news, the Health Care Reform legislation (technically the Patient Protection and Affordable Care Act) contained a little-noticed provision […]
Law Blog
Helpful information on COBRA and health care reform
The New York Times has a very useful article on COBRA and how it is affected by the recently-enacted health care reform act. It starts: “If you’ve recently joined the ranks of the unemployed or are worried that you soon will, you may be wondering if the sweeping new health law will help you. Will you, […]
NC Court of Appeals supports wrongful discharge claim
In Combs v. City Electric Supply Company, the Court of Appeals reversed the trial court in large part, concluding that the plaintiff had presented sufficient evidence to support a claim of wrongful discharge in violation of public policy and tortious interference with contract. The Court, however, upheld the dismissal of the plaintiff’s Unfair and Deceptive […]
Republicans block unemployment benefits again
Senate Republicans have once again blocked a much-needed extension of unemployment benefits, ignoring the needs of millions of workers that rely on those benefits. This time, it is Oklahoma Republican Tom Coburn who has single-handedly denied workers benefits. From the New York Times: “As a result, some people who have been out of work for more […]
President appoints two new members to NLRB
Yesterday, President Obama announced that he was bypassing the Senate and installing 15 appointees, including Craig Becker and Mark Pearce to the National Labor Relations Board. As the NLRB has been working with only two of its five members, the installation of Becker and Pearce is certainly welcome news. President Obama had nominated these highly qualified and […]
President signs landmark health care reform
On March 23, after the House and the Senate were finally able to resolve their differences, President Obama signed into law the landmark health care bill that promises to mark affordable health care a reality for all Americans. Extensive coverage of the act can be found elsewhere, but this is a good summary of how […]
Obama signs HIRE Act to spur jobs
On March 18, President Obama signed the Hiring Incentives to Restore Employment (HIRE) Act (H.R. 2847, summary here), a $38 billion jobs bill comprised of several tax breaks and spending provisions to encourage employers to start hiring again. The bill includes a one-year extension of the federal highway program, an extension of the Build America […]
NC Supreme Court approves Industrial Commission’s transition process
On Friday, in Baxter v. Danny Nicholson, Inc., the North Carolina Supreme Court upheld an Industrial Commission decision that defendants had attacked on the grounds that one of the Commissioners was not authorized to exercise his powers on the day of the decision. The case arose out of the transition when one of the Commissioners was […]
Obama signs bill temporarily extending COBRA, unemployment benefits; longer extension being considered
On March 2, President Obama signed the Temporary Extension Act of 2010 (summary here), a bill that will extend the 65 percent premium COBRA subsidy through March 31, 2010, and unemployment assistance benefits through April 5, 2010. The Senate passed this bill after Republican Senator Jim Bunning finally abandoned his misguided efforts to block it. On […]
NC Court of Appeals’ latest decisions on workers’ compensation and medical malpractice
Earlier this month, the North Carolina Court of Appeals issued several notable decisions. In Soder v. Corvel Corp., the Court effectively reminded workers’ compensation litigants to timely file their appeals to the Industrial Commission. In this case, after noticing his appeal of the Deputy Commissioner’s decision to the Full Commission, the plaintiff missed his deadline for […]