» Judicial Decisions

Magistrate Judge Concludes that Smithfield Wage and Hour Collective Action Should Proceed

September 2nd, 2010
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 Judg… Read More
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Categories: Judicial Decisions, Results
Tags: Ann Groninger, Case Commentary, Class Certification, Collective Action, EDNC, FLSA, Labor and Employment, North Carolina, Smithfield Packing, Unpaid Wages, Wage and Hour

Victory for Plaintiff Represented by Patterson Harkavy in NC Court of Appeals

August 27th, 2010
In a unanimous decision, the North Carolina Court of Appeals upheld the trial court’s decision awarding Plaintiff Rebecca Davis joint custody of the child she raised with her former domestic partner: Defendant Margaret Swan appeals from an orde… Read More
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Categories: Judicial Decisions, Results
Tags: Appeals, Burton Craige, Constitutional Law, Family Law, Narendra Ghosh, NC Court of Appeals, Results

NC Court of Appeals Voids as Overbroad a Non-Compete and Non-Solicitation Agreement

August 22nd, 2010
In a recent unpublished opinion, MJM Investigations Inc. v. Sjostedt, the North Carolina Court of Appeals declared a particular non-compete and non-solicitation agreement to be unenforceable because it was overly broad and too vague. In the opinion,… Read More
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Categories: Judicial Decisions
Tags: Case Commentary, Labor and Employment, NC Court of Appeals, Non-Compete Agreements, Non-Solicitation Agreements, Restrictions on Competition, Time and Territory Restrictions

NC Court of Appeals on Workers' Compensation for Parking Lot Injuries

August 8th, 2010
The latest workers’ compensation opinion from the North Carolina Court of Appeals, Cardwell v. Jenkins Cleaner, addresses the “going and coming” rule. “As a general rule, injuries occurring while an employee travels to and fro… Read More
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Categories: Judicial Decisions
Tags: Case Commentary, Compensable Injury, Employer Premises, Industrial Commission, NC Court of Appeals, Parking Lot, Workers' Compensation

NC Court of Appeals Decisions on Workers' Compensation -- Part 2

July 29th, 2010
The third workers’ compensation decision that the North Carolina Court of Appeals issued last week was Reaves v. Industrial Pump Service, a case that had already been to the Court last year. Under the Pickrell presumption, “When an employ… Read More
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Categories: Judicial Decisions
Tags: Case Commentary, Compensable Injury, Death Benefits, Heart Attack, Heat Exposure, Industrial Commission, Injury by Accident, Knee Injury, NC Court of Appeals, Pickrell Presumption, Rowan Salisbury, Workers' Compensation

NC Court of Appeals Decisions on Workers' Compensation -- Part 1

July 28th, 2010
On July 20, 2010, the North Carolina Court of Appeals issued four published opinions regarding workers’ compensation. The first decision, Morales-Rodriguez v. Carolina Quality Exteriors, Inc., concerned whether the plaintiff was an employee or… Read More
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Categories: Judicial Decisions
Tags: Case Commentary, Employee Requirement, Independent Contractors, Industrial Commission, Medical Expenses, NC Court of Appeals, Travel Expenses, Workers' Compensation

Mike and Narendra Prevail for IAM Unions in Challenge to Labor Arbitration Decision

July 18th, 2010
On behalf of two local IAM unions, Patterson Harkavy has prevailed in federal district court in a case challenging a labor arbitration decision. This case arises from Plaintiff UGL UNICCO’s termination of union member Ronald Corbett. UGL UNICCO… Read More
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Categories: Judicial Decisions, Results
Tags: Bridgestone, Eastern District of North Carolina, Federal Court, International Association of Machinists, Labor and Employment, Labor Arbitration, Michael Okun, Narendra Ghosh, Personan Non Grata, Results, UNICCO, Unions, Wilson

NC Court of Appeals' Latest Workers' Compensation Decisions

July 10th, 2010
The North Carolina Court of Appeals has issued two workers’ compensation cases of note in its latest batch of decisions. The first, Woodliff v. Fitzpatrick, concerned whether the plaintiff’s employer had three or more employees. An employ… Read More
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Categories: Judicial Decisions
Tags: Case Commentary, Charlotte, Combination of Injuries, Construction Companies, Employee Requirement, Independent Contractors, Industrial Commission, NC Court of Appeals, Police Officers, Workers' Compensation

Fourth Circuit Rules for Sexual Harassment Victim

July 5th, 2010
The Fourth Circuit has issued another good decision in favor of employees who are sexually harassed in EEOC v. Fairbrook Medical Clinic. This case involves a family medicine practice in Hickory, North Carolina. Here’s the summary: “The Eq… Read More
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Categories: Judicial Decisions
Tags: Case Commentary, Discrimination, EEOC, Fourth Circuit, Hostile Work Environment, Labor and Employment, North Carolina, Severe and Pervasive Conduct, Sexual Harassment

Supreme Court Rules on Arbitration Issues for Unions and Employees in Two Cases

June 30th, 2010
Last week, the U.S. Supreme Court issued two decisions concerning whether particular issues had to be decided by an arbitrator or in federal court. One care arose in the traditional area of labor arbitration between companies and unions; the second a… Read More
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Categories: Judicial Decisions
Tags: Arbitration Agreement, Case Commentary, CBA, Labor and Employment, Labor Arbitration, Teamsters, Unions, US Supreme Court
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