» Judicial Decisions

NC Court of Appeals Upholds Jury Verdict for Employee to Collect Earned Bonuses

June 28th, 2010
Earlier this month, the North Carolina Court of Appeals issued Kornegay v. Aspen Asset Group LLC, an interesting case that raises and decides some key issues under the North Carolina Wage and Hour Act (NCWHA). At issue was whether the employee-plaint… Read More
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Categories: Judicial Decisions
Tags: Attorneys' Fees, Bonus Payments, Breach of Contract, Case Commentary, Earned Wages, Labor and Employment, Liquidated Damages, NC Court of Appeals, NCWHA, North Carolina Wage and Hour Act, Wage and Hour, Wage Change Notice

Supreme Court Rules on 2-Member Labor Board and Workplace Privacy

June 19th, 2010
[Two labor and employment decisions were released by the U.S. Supreme Court this past week. In the first, City of Ontario v. Quon, the Court unanimously held (with Scalia concurring separately) that the government employer’s search of employee… Read More
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Categories: Judicial Decisions
Tags: Case Commentary, Fourth Amendment, Labor and Employment, Labor Board, NLRA, NLRB, Text Messages, Unions, US Supreme Court, Workplace Privacy

Ninth Circuit Rejects Tip-Pooling Claims of Servers Making More than Minimum Wage Before Tips

June 16th, 2010
In a case that appears to one of first impression at the federal appellate level, the Ninth Circuit ruled in Cumbie v. Woody Woo, Inc., that there are no tip-pooling claims under the Fair Labor Standards Act (FLSA) for restaurant employees who are pa… Read More
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Categories: Judicial Decisions
Tags: Case Commentary, Class Action, Collective Action, Fair Labor Standards Act, FLSA, Labor and Employment, Minimum Wage, NCWHA, Ninth Circuit, Tip Credit, Tip Pooling

NC Court of Appeals on Workplace Infliction of Emotional Distress Claims

June 11th, 2010
In an unpublished decision last month, the North Carolina Court of Appeals issued Crocker v. Griffin, a case that touched on emotional distress claims in the workplace setting. In the case, four plaintiffs brought suit against their employer because… Read More
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Categories: Judicial Decisions
Tags: Appeals, Case Commentary, Intentional Infliction of Emotional Distress, Labor and Employment, NC Court of Appeals, Negligent Infliction of Emotional Distress, Psychological Injury, Workers' Compensation, Workplace Abuse

Patterson Harkavy Wins Workers' Compensation Case for Police Officer in Court of Appeals

June 2nd, 2010
In Taylor v. Town of Garner, the Court of Appeals affirmed the decision of the Industrial Commission, agreeing that Officer Taylor is entitled to workers’ compensation benefits from the Town of Garner for the injury he suffered while working as… Read More
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Categories: Judicial Decisions, News of the Firm
Tags: Appeals, Industrial Commission, Mutual Aid Agreements, Narendra Ghosh, NC Court of Appeals, Police Officers, Results, Valerie Johnson, Workers' Compensation

Two Employment Decisions from the Supreme Court

May 29th, 2010
On May 24, the Supreme Court issued two employment-related opinions. The first, Lewis v. Chicago, concerned the filing deadline for disparate impact discrimination cases under Title VII. The black firefighter plaintiffs in the case sought to challeng… Read More
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Categories: Judicial Decisions
Tags: Attorney Fees, Case Commentary, Disparate Impact, ERISA, Fourth Circuit, Labor and Employment, Long-term Disability Benefits, Racial Discrimination, Statute of Limitations, Title VII, US Supreme Court

NC Court of Appeals Cases on REDA and Appellate Procedure

May 19th, 2010
Two opinions of note were issued by the North Carolina Court of Appeals yesterday. The first, Beard v. Cumberland County Hospital System, concerns North Carolina’s Retaliatory Employment Discrimination Act (REDA). REDA prohibits discrimination… Read More
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Categories: Judicial Decisions
Tags: ADA, Americans with Disabilities Act, Appeals, Case Commentary, Industrial Commission, Labor and Employment, NC Court of Appeals, REDA, Retaliation, Retaliatory Employment Discrimination Act, Workers' Compensation

Fourth Circuit Rules for Plaintiff in Significant Gender Discrimination Opinion

May 14th, 2010
The Fourth Circuit Court of Appeals recently issued a ringing opinion for employees in Merritt v. Old Dominion Freight Lines, a gender discrimination case until Title VII. The Court’s discussion of gender discrimination, sex stereotyping, and a… Read More
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Categories: Judicial Decisions
Tags: Case Commentary, Discrimination, Fourth Circuit, Gender, Greensboro, Labor and Employment, Pretext, Sex Stereotyping, Title VII, Trucking

NC Court of Appeals Concludes Unexpected Injury Not Covered by Workers' Compensation

May 6th, 2010
The North Carolina Court of Appeals recently issued an interesting opinion in Gray v. RDU Airport Authority. In the case, the plaintiff — a traffic control officer — was directing traffic in front of the airport terminals when he stepped… Read More
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Categories: Judicial Decisions
Tags: Case Commentary, Industrial Commission, Injury by Accident, NC Court of Appeals, Workers' Compensation

United States Supreme Court High Season Begins

May 3rd, 2010
Although the Surpreme Court issues opinions throughout its term, many come out towards the back end of the term, which concludes in June. In the last couple of weeks, the Court has issued several decisions which touch on employment law: In Conkirght… Read More
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Categories: Judicial Decisions
Tags: Arbitration, Attorney Fees, Case Commentary, Civil Rights, Class Actions, ERISA, Labor and Employment, Pension Benefits, US Supreme Court
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