4th Circuit CoA Ruled that Federal Employees are Barred from Bringing Title VII Suits in State Court

February 2nd, 2012
In Bullock v. Napolitano, Willie Bullock was a former employee in the federal air marshal program and sued the Department of Homeland Security for racial discrimination under Title VII. He filed suit in North Carolina superior court and the defendant… Read More
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Categories: Judicial Decisions
Tags: Appeals, Case Commentary, Fourth Circuit, Labor and Employment, North Carolina, Title VII

Appeals Court Decides Two Workers' Comp Cases

February 1st, 2012
The North Carolina Court of Appeals recently published decisions in the following cases: In Coffey v Weyerhaeuser Co., the Court,based on N.C.G.S. 97-38 in the Workers’ Compensation Act, was tasked with determining “whether [Barber’s] d… Read More
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Categories: Judicial Decisions
Tags: Appeals, Case Commentary, Causation, Compensable Injury, Death Benefits, Disability Benefits, Industrial Commission, NC Court of Appeals, Workers' Compensation

NLRB Strikes Blow Against Bans on Class Action Arbitrations

January 29th, 2012
The National Labor Relations Board recently ruled in favor of both union and non-union private sector employees on a significant issue concerning workplace litigation. At issue were mandatory arbitration agreements signed upon employment that force e… Read More
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Categories: General News, Judicial Decisions
Tags: Arbitration, Arbitration Agreement, Class Actions, Collective Actions, Concerted Activity, Labor and Employment, NLRA, NLRB, Union

NC COA Addresses Exception to Workers' Comp Preemption

January 22nd, 2012
In Trivette v. Yount the defendant, a middle school principle, had a fire extinguisher removed from a classroom after a student had removed the safety pin and discharged the extinguisher. The fire extinguisher was brought to the front office to avoid… Read More
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Categories: Judicial Decisions
Tags: Appeals, Case Commentary, Labor and Employment, NC Court of Appeals, North Carolina, Personal Injuries, Workers' Compensation

Supreme Court Addresses Establishment and Free Exercise Clauses of the First Amendment

January 20th, 2012
In Hosanna-Tabor Church v. EEOC, Cheryl Perich was a teacher for a Lutheran organization, Hosanna-Tabor Evangelical Lutheran Church, in a kindergarten through eighth grade school that the church operated. Some teachers, such as Perich, have completed… Read More
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Categories: Judicial Decisions

Unemployment Benefits Extended in NC

January 17th, 2012
An executive order was issued on Wednesday by North Carolina Governor Beverly Perdue that will extend long-term unemployment benefits to 25,000 jobless workers in the state. The federal government pushed back the deadline for extended unemployment be… Read More
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Categories: General News, Legislative Action
Tags: Beverly Perdue, Extended Unemployment Benefits, Labor and Employment, NC Legislature, North Carolina, Unemployment Benefits

Recess Appointments Made to NLRB

January 13th, 2012
President Obama this past week appointed three members to the National Labor Relations Board. They include Sharon Block, who most recently served as Deputy Assistant Secretary for Congressional Affairs with the US Department of Labor; Terence Flynn,… Read More
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Categories: General News, Legislative Action
Tags: Congress, Labor and Employment, NLRB, President Obama, Recess Appointment

NC COA Decides Handful of Workers' Comp Cases

January 8th, 2012
Late last month, the North Carolina Court of Appeals published their opinions in the following workers’ compensation cases: Archie v. Kirk: The plaintiff worked for Edward Kirk changing billboard advertisements. Kirk provided necessary tools an… Read More
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Categories: Judicial Decisions
Tags: Appeals, Attendant Care, Case Commentary, Causation, Compensable Injury, Independent Contractors, Industrial Commission, Mediation, NC Court of Appeals, Workers' Compensation

NLRB to Speed up Unionizing Elections

January 3rd, 2012
On December 21, The National Labor Relations Board voted 2-1 in favor of new steps to increase the speed of union elections. The Board hopes to keep election and campaign time to less than 21 days. Often, there are long delays to unionizing elections… Read More
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Categories: Legislative Action
Tags: AFL-CIO, Congress, IUOE, Labor and Employment, NLRB, President Obama, Union Elections, Unions

Congress Extends Unemployment Benefits for Two Months

January 2nd, 2012
Shortly before Christmas, House Republicans finally gave in and sensibly agreed to the two-month extension for extended unemployment benefits. When Congress returns after recess, debate will resume on whether to further continue the vitally needed un… Read More
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Categories: Legislative Action
Tags: Congress, DES, Emergency Unemployment Benefits, Extended Benefits, Labor and Employment, North Carolina, President Obama, Unemployment Benefits
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