NC Appeals Court on Asbestos and Workers’ Compensation

In Maudlin v. A.C. Corp et al., the North Carolina Court of Appeals addressed a multi-pronged asbestos case.  The case involved a man who worked as a pipefitter for more than 19 years at the company.  He was exposed to insulation that contained asbestos while preforming his work, was diagnosed with laryngeal cancer in 1997,

NC Court of Appeals Reviews Workers’ Comp Cases

The North Carolina Court of Appeals decided two workers’ compensation cases of note this week. The first, Salomon v. The Oaks of Carolina, involved a Certified Nurse’s Assistant (CNA) whose shoulder was injured when she was changing a partially paralyzed patient by herself with one arm and holding him up with the other.  The resident

Fourth Circuit Affirms Protected Concerted Activity Claim

The Fourth Circuit Court of Appeals recently decided NLRB v. White Oak Manor, a case involving an employee’s protected concerted activity, ruling in favor of the NLRB who sought to enforce an order in favor of the employee.  The employee, who was reprimanded for wearing a hat during work in violation of the company dress

Jon Harkavy Presents Annual Paper on SCOTUS Employment Law Decisions

On October 21st, at the 27th Annual North Carolina/South Carolina Labor and Employment Law CLE held in Charleston, South Carolina, Jonathan Harkavy presented his 2010-11 annual review of the Supreme Court’s employment law cases.  His paper is entitled “Supreme Court of the United States Employment Law Commentary, 2010 Term.”  (Please download his article from here.)  Introduction:  The 2010 Term of the

NC Court of Appeals Rules for State Employee in Whistleblower Case

The North Carolina Court of Appeals recently issued an interesting decision in Wang v. UNC-CH School of Medicine.  The majority agreed with the trial court in finding that employees who are excluded from the State Personnel Act are still entitled to protections under the North Carolina Whistleblower Act.  The plaintiff was an EPA Non-Faculty employee whose

NC Court of Appeals Issues Decisions on Workers’ Compensation

In the workers’ compensation case, Sellers v. FMC Corporation, the North Carolina Court of Appeals dealt with the issue of excusable neglect in filing appeals in the Industrial Commission.  At issue was the defendants’ untimely appeal of an Opinion and Award by a Deputy Commissioner, which had awarded the plaintiff –  who lost nearly all

Title VII’s Religious Entity Exemption at Issue Before 4th Circuit CoA

In Kennedy v. St. Joseph’s Ministries, Inc., Villa St. Catherine is a tax-exempt religious organization that operates a nursing care facility under the direction of the Daughters of Charity, a religious order within the Roman Catholic Church, and maintains its facility in accordance with Catholic principles by engaging in numerous religious exercises.  Lori Kennedy was a

Fourth Circuit Rejects FLSA Retaliation Claim for Job Applicant

The Fourth Circuit recently issued a troubling 2-1 decision in Dellinger v. Science Applications International Corp.  The majority (Judges Niemeyer and Keenan) held that under the anti-retaliation provision for the Fair Labor Standards Act (FLSA, the federal wage and hour law), a job applicant cannot sue an employer that refused to hire her solely because