The North Carolina Supreme Court unanimously reversed the Court of Appeals today, ruling instead for the plaintiff in Helm v. Appalachian State University. Adopting Judge Calabria’s dissent, the Court held that the plaintiff has stated a valid retaliation claim under the state’s Whistleblower Act because she opposed a waste of funds by the university. Patterson
In Panos v. Timco Engine Center, the court considered the applicability of the North Carolina Wage and Hour Act (NCWHA) to an employee who works outside of North Carolina. Plaintiff had brought an action based on the company's failure to pay severance as required by his employment contract. Although the company was based in North
The Fourth Circuit affirmed the trial court's decision for the union in United Steelworkers, Local 850L v. Continental Tire. The Court agreed with the union that the dispute over pension and health benefits had to submitted to arbitration. Michael Okun assisted with the representation of the union.
In Desmond v. PNGI Charles Town Gaming, the Fourth Circuit reversed the trial court, concluding instead that the plaintiff was not exempt from being paid overtime as an administrative employee. Under the Fair Labor Standards Act (FLSA), one of the “white collar” exceptions to the overtime requirement is the administrative exception. An administrative position is
At the 24th Annual North Carolina/South Carolina Labor and Employment Law CLE held in Asheville, Jonathan Harkavy presented his 2007-08 annual review of the Supreme Court’s employment law cases. His paper is entitled Supreme Court of the United States Employment Law Commentary, 2007 Term. Summary: The 2007 Term of the Supreme Court of the United
Michael Okun spoke at the 2008 Annual Conference of the AFL-CIO Lawyers Coordinating Committee (LCC), which was held in Seattle. Mike’s talk was part of a session concerning the representation of state and local movements and their partner 501(c)(3) organizations. He presented a paper, written along with Narendra Ghosh, entitled A Brief Overview of the
Michael Okun has written an article, entitled In Concert: A Beginner’s Guide to Labor and Employment Law’s Old and Well-Kept Secret, for an issue of Trial Briefs, the publication of the North Carolina Advocates for Justice. The article discusses the NLRA’s protection for workers who act “in concert” regarding workplace issues. Summary: The right to