Call Us 919-240-4054House 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.
Law Blog
4th Circuit rules for plaintiff in Title VII case
In EEOC v. Central Wholesalers, Inc., the 4th Circuit reversed the district court’s grant of summary judgment to the employer. The court concluded that there was enough evidence for a jury to find that the plaintiff suffered from severe racial and sexual harassment in the workplace.
Unemployment data
Although there’s lots of happy talk about the economy turning around, and the big banks are apparently minting money, the situation for ordinary workers is still perilous. The long-term unemployment rate — the proportion of the labor force that has been out of work for at least 15 weeks — is at the highest level since […]
Today’s workers’ compensation opinion by the NC Court of Appeals
Leggett v. AAA Cooper Transportation, Inc.: A workers’ compensation case can involve a separate personal injury case against a third party (not the employer) if the third party was responsible for the employee’s injury. When these personal injury cases are resolved, the provider of the workers’ compensation benefits may have a lien on part of the […]
Another serious labor violation
The Fourth Circuit affirmed the granting of some injunctive relief to remedy very serious labor violations by a mining company in NLRB v. Spartan Mining Company. The company had illegally discriminated against members of the United Mine Workers.
Valerie Johnson appointed to post with AFL-CIO
Valerie Johnson has been appointed to the board of the AFL-CIO Lawyers Coordinating Committee, which is an AFL-CIO affiliated organization of union lawyers from around the country.
Today’s workers’ compensation opinion by the NC Supreme Court
Castaneda v. International Leg Wear Group: The Court affirmed in a per curiam opinion a decision by the Court of Appeals, which had upheld the granting of benefits to the plaintiff. Judge Tyson’s dissent, which had argued that the medical causation evidence was speculative, was rejected by the Court.
Today’s workers’ compensation and employment decisions by the NC Court of Appeals
In Panos v. Timco Engine Center, the court considered the applicability of the North Carolina Wage and Hour Act (NCWHA) to an employee who works outside of North Carolina. Plaintiff had brought an action based on the company’s failure to pay severance as required by his employment contract. Although the company was based in North Carolina, […]
Fourth Circuit affirms decision for union
The Fourth Circuit affirmed the trial court’s decision for the union in United Steelworkers, Local 850L v. Continental Tire. The Court agreed with the union that the dispute over pension and health benefits had to submitted to arbitration.
Fourth Circuit finds for plaintiff in FLSA overtime case
In Desmond v. PNGI Charles Town Gaming, the Fourth Circuit reversed the trial court, concluding instead that the plaintiff was not exempt from being paid overtime as an administrative employee. Under the Fair Labor Standards Act (FLSA), one of the “white collar” exceptions to the overtime requirement is the administrative exception. An administrative position is “office […]
