News

DOL Expands FMLA to Cover Non-Traditional Families

July 3rd, 2010
The federal Department of Labor issued some important guidance regarding the coverage of the Family and Medical Leave Act (FMLA) as it applies to all sorts of unconventional families. The DOL made clear that FMLA rights to get time off to care for ch… Read More
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Categories: Legislative Action
Tags: DOL, Family and Medical Leave Act, FMLA, Labor and Employment, Parental Leave, Work and Family Balance

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

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

Republicans Continue Assault on Unemployed Workers

June 26th, 2010
Senate Republicans (with the help of one Democrat, Ben Nelson) have continued their filibuster of the Democrats’ jobs bill, mustering the 41 votes needed on Thursday to prevent the bill from passage. Republican obstructionism will ultimately sp… Read More
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Categories: Legislative Action
Tags: Congress, Health Insurance, Jobs, Labor and Employment, Medicaid, President Obama, State Employees, Teachers, Unemployment Benefits, Unemployment Extension

Government Enforcing Child Labor and Wage Laws for Farmworkers in North Carolina

June 22nd, 2010
The New York Times has this article about the Obama Administration’s effort to enforce the child labor and wage and hour laws on farms, and describes the effort in North Carolina in particular. The Fair Labor Standards Act (FLSA) contains sever… Read More
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Categories: General News
Tags: Child Labor, Fair Labor Standards Act, Farm Workers, FLSA, Labor and Employment, Minimum Wage, North Carolina

Republicans Continue to Hold Up Unemployment Extension in Senate

June 20th, 2010
In a vote Thursday night, Senate Democrats were unable to overcome the Republic filibuster of the bill that contains the much-needed extension of unemployment benefits. Even though the cost of the bill had been reduced to alleviate the (misguided) co… Read More
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Categories: Legislative Action
Tags: Congress, Labor and Employment, Senate, Unemployment Benefits, Unemployment Extension

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

Op-Ed Calling for Paid Maternity and Family Leave

June 14th, 2010
An op-ed in the Washington Post calls for paid family and maternity leave because the 12 weeks of unpaid leave provided by the Family and Medical Leave Act (FMLA) is grossly inadequate. Sharon Lerner traces the history of legislative efforts to provi… Read More
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Categories: Legislative Action
Tags: Congress, Family and Medical Leave Act, FMLA, Labor and Employment, Maternity Leave, Unpaid Leave, Work and Family Balance

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
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