» Fourth Circuit

In Boitnott v. Corning Inc., Michael Boitnott began work with Corning as a maintenance engineer in 1989. Like others at that facility, he worked rotating twelve hour shifts and alternated two weeks of day shifts with two weeks of night shifts. Boitno… Read More

The Fourth Circuit has published opinions in three labor and employment cases in recent weeks. The first case, Sepulveda v. Allen Family Foods, Inc., concerned a Fair Labor Standards Act (FLSA) collective action that was brought on behalf of a class… Read More

The Fourth Circuit has recently published two labor law opinions, the first concerning whether an arbitrator exceeding his authority in resolving a grievance, and the second concerning whether to uphold a decision of the two-member National Labor Rel… Read More

The Senate on Monday voted 72-to-16 to confirm Judge Andre M. Davis to a seat on the Fourth Circuit Court of Appeals. Judge Davis has been a judge since 1987, and a federal trial judge since 1995. He was first nominated to the Fourth Circuit by Presi… Read More

In Green-Brown v. Sealand Service, the Fourth Circuit held that under the Longshore and Harbor Workers’ Compensation Act (LHWCA), hearing loss determinations can only be accepted under the Act if they are done according to the AMA Guides. The plain… Read More

In UPS v. Calhoun, the plaintiff (who worked at the UPS facility in Greensboro) had filed a complaint with OSHA that he had been retaliated against for engaging in daily vehicle inspections that he thought necessary for vehicle safety. He claimed tha… Read More

In Brown v. Nucor Corporation, the 4th Circuit reversed the district court on the question of class certification. Under Title VII, the plaintiffs had brought racial discrimination claims of disparate treatment and disparate impact with regard to pro… Read More

In EEOC v. Central Wholesalers, Inc., the 4th Circuit reversed the district court’s grant of summary judgment to the employer. The court concluded that there was enough evidence for a jury to find that the plaintiff suffered from severe racial… Read More