The court issued an unpublished opinion about a pedestrian-vehicle auto accident in Hill v. Thompson this week. In the case, the 15-year-old plaintiff crossed a highway near her home, not at a crosswalk, and was struck by defendants’ vehicle. Defendants argued that plaintiff could not recover at all because she was contributorily negligent (partially at fault) for […]
The Court of Appeals released two opinions this week on workers’ compensation. In the first opinion, Fonville v. General Motors, the most significant holding concerned the defendants’ unilateral termination of benefits. In this case, the plaintiff was hurt when she was struck in the head by a tent pole at a corporate event, and the […]
Valerie Johnson is speaking at the 2009 annual conference of the Workers Injury Law & Advocacy Group (WLIG), to be held in Denver from October 16-19. WILG is a national non-profit membership organization dedicated to representing the interests of injured workers. Valerie is presenting on the “Hop Topics” panel, and will be discussing recent developments concerning […]
A host of new laws passed by the North Carolina legislature earlier this year take effect today. Among them is a law that extends the statute of repose for consumers injured by defective products from six years to twelve years.
“Family-Friendly Workplaces: Do Unions Make a Difference?,” written by Jennifer MacGillvary of the Labor Center at the University of California-Berkeley and Netsy Firestein of the Labor Project for Working Families, concludes the unions lead to workplaces that, through policy and practice, promote a healthy and viable balance between work life and home life. Significantly, the study […]
As our clients continue to tell us, the current labor market is an incredibly brutal environment for workers seeking work. Nationally, the number of job openings per person looking for a job is at a record low. Hopefully, the Senate will soon pass the 13-weeek unemployment extension that recently passed in the House.
The United Steelworkers (USW) announced that workers overwhelmingly ratified a new four-year agreement covering about 10,000 union members at seven Goodyear Tire and Rubber Co. plants, including the plant in Fayetteville, North Carolina. The new pact provides job security and maintains quality, affordable health care for the union members. It also provides for a commitment by Goodyear […]
The Americans with Disabilities Act (ADA) Amendments Act of 2008 (ADAAA) was passed last year and went into effect on January 1, 2009. The Act makes important changes to the definition of the term “disability” by rejecting the holdings in several Supreme Court decisions and portions of existing regulations. The effect of these changes is to […]
A new study, “Broken Laws, Unprotected Workers,” shows that employers routinely violate the employment rights of low wage workers, with frequent violations of the wage and hour laws, workers’ compensation laws, and anti-retaliation protections. (The original study is here; a summary of the study is here.) Here are some of the startling findings: 68 percent of the […]
Clayton v. Mini Data Forms, Inc.: The court held that although the defendants were not entitled to a credit under N.C.G.S. 97-42, an offset of benefits may still be required under Moretz and Rice to avoid the overpayment of benefits. More specific findings were required though, regarding whether “payments made to plaintiff for that work […]