Ending two ridiculously long waits, the Senate has finally confirmed Charlotte Judge Albert Diaz to the Fourth Circuit Court of Appeals and Greensboro Judge Catherine Eagles to the Middle District of North Carolina. Both will be excellent judges, and their confirmations have been long overdue. Other North Carolina nominations are still pending though. Former Magistrate Judge Max […]
North Carolina
Unemployment benefits extended through 2011; more help needed
On Friday, President Obama signed a large tax cut bill that includes an extension of extended unemployment benefits through the end of 2011. While the extension of those benefits was sorely needed, it is unfortunate that the bill did not include additional spending measures that would stimulate the economy. As further evidence that the Great Recession continues, […]
Issues raised by new types of workplace drug testing
This New York Times article discusses an important employment issue that may become more prevelant: whether and how employers may test and discipline employees for using legal prescription drugs. As the article relates, drug testing like this is regulated in part by the Americans with Disabilities Act (ADA). In North Carolina, two other state statutes can […]
Magistrate judge concludes that Smithfield wage and hour collective action should proceed
In this case, plaintiffs are bringing collective action claims under the Fair Labor Standards Act (FLSA) based on the under-payment of wages and overtime at Smithfield Packing’s Tar Heel, North Carolina meat processing facility. Magistrate Judge Gates issued an opinion last week recommending that defendant’s motion to decertify the FLSA collective action be denied. If his recommendation […]
Congress provides funds to save teacher jobs
Last week, the Senate finally passed the $26 billion package to aid states that are still reeling from the effects of the recession. The legislation provides $10 billion to retain teachers who might otherwise lose jobs to cutbacks, and an additional $16 billion to help states with rising health care costs. The bill was quickly passed […]
Judge Wynn confirmed to Fourth Circuit Court of Appeals
Judge Jim Wynn was finally confirmed to the Fourth Circuit Court of Appeals last week. Judge Wynn was first nominated for the court in 1999. His confirmation comes after months of being held up in the Senate by Republican obstruction after President Obama re-nominated him last year. (Republicans, however, are still holding up the confirmation of […]