» Labor and Employment

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 entitl… Read More
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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 p… Read More
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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 m… Read More
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Briefs in IBEW 289 Arbitration Case in Federal Court

In International Brotherhood of Electrical Workers, AFL-CIO, Local Union No. 289 v. Verizon South, Inc., the Union has filed suit in federal court (Middle District of North Carolina) to compel the company to engage in arbitration regarding the termin… Read More
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ATU 1328 Prevails in Arbitration Case in Federal Court

In, Cape Fear Public Transit Authority v. Amalgamated Transit Union (ATU) Local 1328, the Wilmington transit authority is challenging a labor arbitration in favor of the Union, which ordered a terminated employee be put back to work. This case is bef… Read More
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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… Read More
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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… Read More
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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… Read More
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Fourth Circuit Supports Sex Harassment and Retaliation Claims

The Fourth Circuit recently issued an excellent decision in Okoli v. City of Baltimore. This case presents claims under Title VII action for sexual harassment and retaliation (termination) for reporting the harassment. Amazingly, the trial court dism… Read More
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Briefs in ATU 1328 Arbitration Case

In, Cape Fear Public Transit Authority v. Amalgamated Transit Union (ATU) Local 1328, the Wilmington transit authority is challenging a labor arbitration that was in favor of the Union, and which ordered a terminated employee be put back to work. Thi… Read More
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