Although there’s lots of happy talk about the economy turning around, and the big banks are apparently minting money, the situation for ordinary workers is still perilous. The long-term unemployment rate — the proportion of the labor force that has been out of work for at least 15 weeks — is at the highest level since […]
Leggett v. AAA Cooper Transportation, Inc.: A workers’ compensation case can involve a separate personal injury case against a third party (not the employer) if the third party was responsible for the employee’s injury. When these personal injury cases are resolved, the provider of the workers’ compensation benefits may have a lien on part of the […]
The Fourth Circuit affirmed the granting of some injunctive relief to remedy very serious labor violations by a mining company in NLRB v. Spartan Mining Company. The company had illegally discriminated against members of the United Mine Workers.
Valerie Johnson has been appointed to the board of the AFL-CIO Lawyers Coordinating Committee, which is an AFL-CIO affiliated organization of union lawyers from around the country.
Castaneda v. International Leg Wear Group: The Court affirmed in a per curiam opinion a decision by the Court of Appeals, which had upheld the granting of benefits to the plaintiff. Judge Tyson’s dissent, which had argued that the medical causation evidence was speculative, was rejected by the Court.
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 Carolina, […]
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.
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 “office […]
Ann Groninger, along with Paige Kurtz, has written a paper on piercing the corporate veil, an important topic when bringing lawsuits against businesses. The paper is entitled “Behind the Shield: Piercing the Corporate Veil.” Summary: So you finally have a great case against Big Corporation. You file your complaint and send in discovery requests. Somehow […]
At the North Carolina Advocates for Justice CLE, Workers’ Compensation: Maximizing Your Case, Valerie spoke on the topic of representing state employees. She presented a paper entitled “How to Manage a State Employee’s Workers’ Compensation Case.” Summary: North Carolina state employees have benefits available to them when they are entitled to workers’ compensation that must […]