Call Us 919-240-4054A new study, “Broken Laws, Unprotected Workers,” shows that employers routinely violate the employment rights of low wage workers, with frequent violations of the wage and hour laws, workers’ compensation laws, and anti-retaliation protections. (The summary of the original study is here.) Here are some of the startling findings: 68 percent of the workers interviewed had […]
Law Blog
Today’s workers’ compensation decisions by the NC Court of Appeals
Clayton v. Mini Data Forms, Inc.: The court held that although the defendants were not entitled to a credit under N.C.G.S. 97-42, an offset of benefits may still be required under Moretz and Rice to avoid the overpayment of benefits. More specific findings were required though, regarding whether “payments made to plaintiff for that work […]
Today’s employment decision by the NC Supreme Court
Carolina Power & Light Company v. Employment Security Commission: At issue was whether an employee who accepts a voluntary early retirement package, offered by the employer as part of a company-wide downsizing, is eligible for unemployment insurance benefits. In a unanimous opinion, the Court held that the employee was not entitled to benefits because he still […]
Today’s employment and workers’ compensation decisions by the NC Court of Appeals
Hawkins v. General Electric Co.: The court mostly affirmed an award to the plaintiff based on an occupational disease, contact dermititis, that was causally related to his employment. The court also agreed that he was disabled as long as his condition persisted. Jeffers v. D’Alessandro: The plaintiff, a former player for the Carolina Panthers, had brought […]
4th Circuit rejects STAA retaliation claim
In UPS v. Calhoun, the plaintiff (who worked at the UPS facility in Greensboro) had filed a complaint with OSHA that he had been retaliated against for engaging in daily vehicle inspections that he thought necessary for vehicle safety. He claimed that such activity was protected by the Surface Transportation Assistance Act (STAA). The Department of […]
Bills protecting workers and consumers signed by Governor Perdue
The Statute of Repose Bill was signed by Governor Perdue on August 5, and becomes effective on October 1, 2009. The bill extends the outer time limit for individuals injured by defective products to file claims. The text of the bill can be found here. The Guaranty Fund Bill, which expands the coverage of the N.C. […]
4th Circuit rules for class certification in racial discrimination case
In Brown v. Nucor Corporation, the 4th Circuit reversed the district court on the question of class certification. Under Title VII, the plaintiffs had brought racial discrimination claims of disparate treatment and disparate impact with regard to promotion practices, as well as hostile work environment claims. The majority concluded that the plaintiffs could proceed with all […]
Today’s workers’ compensation decisions by the NC Court of Appeals
Cannizzaro v. Food Lion: The court affirmed the decision of the Industrial Commission, which found that the plaintiff’s accident caused his psychiatric conditions. The court concluded that, although not a physician, a psychologist specializing in neurological and cognitive psychology with significant experience with traumatic brain injuries was qualified to provide expert testimony. D’Aquisto v. Mission St. […]
Ninth Circuit says individual managers can be held responsible for FLSA violations, regardless of bankruptcy
In Boucher v. Shaw, the Ninth Circuit Court of Appeals ruled that individual managers/owners — in this case a hotel’s CEO, CFO, and labor/employment manager — may be held liable for unpaid wages, vacation, and holiday pay under the Fair Labor Standards Act (FLSA). The FLSA allows suits to be brought against individuals, in addition […]
Unemployment benefits expansion signed by governor
House Bill 1090, which allows workers receiving severance pay to also receive benefits, was signed by the governor on July 27, 2009. This act becomes effective October 1, 2009, and expires July 1, 2011. Further regulatory guidance from the ESC may be forthcoming. The text of the bill can be found here.
