» Labor and Employment

4th Circuit CoA Examines Faragher-Ellerth Defense

In Dulaney v. Packaging Corp. of America, Carla Dulaney started working for PCA in 2006 on as assembly line position. The “lead production worker” was Bobby Mills, who had a number of supervisory powers. In November 2006, Mills effectively promot… Read More
Read More

4th Circuit Rejected the ADA Claim for a Medical Student with ADHD

In Halpern v. Wake Forest University Health Sciences, Ronen Halpern was enrolled in Wake Forest’s Doctor of Medicine program from July 2004 to March 2009. Halpern has been diagnosed with ADHD and anxiety disorder, both of which he treats with p… Read More
Read More

The 4th Circuit CoA Reversed the Granting of Summary Judgment to the employer, Finding Merit in a Claim of Discriminatory Discharge

In Burgess v. Bowen, Denise Burgess, an African American female, worked as an executive for the Special Inspector General for Iraq Reconstruction (“SIGIR”). Burgess had requested an administrative assistant be hired for her and another African Am… Read More
Read More

4th Circuit Rules that Internal Complaints are Protected Activities Under FLSA’s Anti-Retaliation Provision

In Minor v. Bostwick Laboratories, Inc., Kathy Minor was hired by Bostwick Laboratories as a medical technologist on December 24, 2007. She received satisfactory or above average ratings at her only performance review on April 30, 2008, just twelve d… Read More
Read More

Employers Using Lockouts More Frequently

The New York Times reported recently that companies are using lockouts more frequently against their unionized employees to force the employees’ hand in negotiations. American Crystal Sugar, the nation’s largest sugar beet processor, lock… Read More
Read More

4th Circuit CoA Rules on Attorneys Fees in Unsuccessful Title VII Suit

The EEOC v. Great Steaks, Inc., EEOC accused Great Steaks of subjecting female employees to a sexually hostile work environment. Although at the start of the case the EEOC asserted its claim on behalf of seven or eight claimants, that number diminish… Read More
Read More

4th Circuit CoA Ruled that Federal Employees are Barred from Bringing Title VII Suits in State Court

In Bullock v. Napolitano, Willie Bullock was a former employee in the federal air marshal program and sued the Department of Homeland Security for racial discrimination under Title VII. He filed suit in North Carolina superior court and the defendant… Read More
Read More

NLRB Strikes Blow Against Bans on Class Action Arbitrations

The National Labor Relations Board recently ruled in favor of both union and non-union private sector employees on a significant issue concerning workplace litigation. At issue were mandatory arbitration agreements signed upon employment that force e… Read More
Read More

NC COA Addresses Exception to Workers' Comp Preemption

In Trivette v. Yount the defendant, a middle school principle, had a fire extinguisher removed from a classroom after a student had removed the safety pin and discharged the extinguisher. The fire extinguisher was brought to the front office to avoid… Read More
Read More

Unemployment Benefits Extended in NC

An executive order was issued on Wednesday by North Carolina Governor Beverly Perdue that will extend long-term unemployment benefits to 25,000 jobless workers in the state. The federal government pushed back the deadline for extended unemployment be… Read More
Read More