Brief Filed for Rawls in Workers’ Compensation Appeal

In Rawls v. Yellow Transportation, the Industrial Commission concluded that plaintiff Veran Rawls suffered a compensable injury by accident in 2005 and has been totally disabled since that time.   Defendants appealed.  Hank Patterson and Narendra Ghosh, representing Mr. Rawls, filed this brief in the Court of Appeals.  Summary of the brief:

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

4th Circuit Examines FLSA’s Anti-Retaliation Provision

In Dellinger v. Sci. Applications International Corp., Natalie Dellinger sued her former employer, CACI, Inc., in July 2009 for alleged violations of the FLSA’s minimum wage and overtime provisions.  Around the same time, she applied for a job with Science Applications International Corporation.  In late August 2009, Science Applications offered Dellinger a job, contingent on her passing

4th Circuit Reverses District Court’s Grant of Summary Judgement in Sexual Harassment Case

In Okoli v. City of Baltimore, John P. Stewart was the director of Baltimore’s Commission on Aging and Retirement (“CARE”) and served in the Mayor’s cabinet.  In June 2004, Stewart hired Katrina Okoli, an Africa-American woman, to serve as his executive assistant.  For the first few months, Stewart and Okoli worked well together.  Beginning in September