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Law Blog

July 25, 2010 By nicole

Unemployment extension finally passed over Republican filibuster

Senate Democrats, with the help of only two Republicans, were finally available to break the deadlock over the extension of unemployment benefits. President Obama signed the bill this past Thursday. This bill provides a continuation of the program of extended benefits for those who exhaust the standard 26 weeks of unemployment benefits.  Read more here. Although this bill […]

Filed Under: In the News Tagged With: Congress, Employment Security Commission, Extended Benefits, Job Creation, North Carolina, President Obama, Unemployment Benefits

July 10, 2010 By nicole

NC Court of Appeals’ latest workers’ compensation decisions

The North Carolina Court of Appeals has issued two workers’ compensation cases of note in its latest batch of decisions. The first, Woodliff v. Fitzpatrick, concerned whether the plaintiff’s employer had three or more employees. An employer is subject to the Workers’ Compensation Act only if it “regularly employs” three or more employees. See N.C. Gen. Stat. § […]

Filed Under: In the News, Workers' Compensation Tagged With: Case Commentary, Charlotte, Combination of Injuries, Construction Companies, Employee Requirement, Independent Contractors, Industrial Commission, NC Court of Appeals, Police Officers

July 3, 2010 By nicole

DOL expands FMLA to cover non-traditional families

The federal Department of Labor issued some important guidance regarding the coverage of the Family and Medical Leave Act (FMLA) as it applies to all sorts of unconventional families. The DOL made clear that FMLA rights to get time off to care for children do not require a biological relationship with the child. Rather, anyone […]

Filed Under: In the News Tagged With: DOL, Family and Medical Leave Act, FMLA, Parental Leave, Work and Family Balance

June 30, 2010 By nicole

Supreme Court rules on arbitration issues for unions and employees in two cases

Last week, the U.S. Supreme Court issued two decisions concerning whether particular issues had to be decided by an arbitrator or in federal court. One care arose in the traditional area of labor arbitration between companies and unions; the second arose in the ever-growing area of employer-imposed arbitration agreements on regular employees. In the first, Granite […]

Filed Under: In the News Tagged With: Arbitration Agreement, Case Commentary, CBA, Labor Arbitration, Teamsters, Unions, US Supreme Court

June 28, 2010 By nicole

NC Court of Appeals upholds jury verdict for employee to collect earned bonuses

Earlier this month, the North Carolina Court of Appeals issued Kornegay v. Aspen Asset Group LLC, an interesting case that raises and decides some key issues under the North Carolina Wage and Hour Act (NCWHA). At issue was whether the employee-plaintiff had a contract that included bonus payments, and if so, whether those had to be […]

Filed Under: In the News Tagged With: Attorneys' Fees, Bonus Payments, Breach of Contract, Case Commentary, Earned Wages, Liquidated Damages, NC Court of Appeals, NCWHA, North Carolina Wage and Hour Act, Wage and Hour, Wage Change Notice

June 22, 2010 By nicole

Government enforcing child labor and wage laws for farmworkers in North Carolina

The New York Times has this article about the Obama Administration’s effort to enforce the child labor and wage and hour laws on farms, and describes the effort in North Carolina in particular. The Fair Labor Standards Act (FLSA) contains several exceptions for farmworkers, but sometimes-ignored restrictions of child labor are apparently now being more vigorously […]

Filed Under: In the News Tagged With: Child Labor, Fair Labor Standards Act, Farm Workers, FLSA, Minimum Wage, North Carolina

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300 Blackwell St. #101,
Durham, NC 27701

Phone: (919) 240-4054

Fax: (888) 412-0421

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1018 East Blvd. #6
Charlotte, NC 28203

Phone: (704) 200-2009

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