Call Us 919-240-4054In a vote Thursday night, Senate Democrats were unable to overcome the Republic filibuster of the bill that contains the much-needed extension of unemployment benefits. Even though the cost of the bill had been reduced to alleviate the (misguided) concerns of increasing the federal deficit, all Republicans and two Democrats maintained their opposition. This bill would not […]
Law Blog
Supreme Court rules on workplace privacy and two-member labor board
Two labor and employment decisions were released by the U.S. Supreme Court this past week. In the first, City of Ontario v. Quon, the Court unanimously held (with Scalia concurring separately) that the government employer’s search of employee text messages was reasonable under the Fourth Amendment. Unlike private employers, public employers are constrained (somewhat) by […]
Ninth Circuit rejects tip-pooling claims of servers making more than minimum wage before tips
In a case that appears to one of first impression at the federal appellate level, the Ninth Circuit ruled in Cumbie v. Woody Woo, Inc. that there are no tip-pooling claims under the Fair Labor Standards Act (FLSA) for restaurant employees who are paid more than the minimum wage before tips. FLSA, the federal wage […]
Op-ed calls for paid maternity and family leave
An op-ed in the Washington Post calls for paid family and maternity leave because the 12 weeks of unpaid leave provided by the Family and Medical Leave Act (FMLA) is grossly inadequate. Sharon Lerner traces the history of legislative efforts to provide paid leave to support workers’ families, the compromised law that is the FMLA, and […]
NC Court of Appeals on workplace infliction of emotional distress claims
In an unpublished decision last month, the North Carolina Court of Appeals issued Crocker v. Griffin, a case that touched on emotional distress claims in the workplace setting. In the case, four plaintiffs brought suit against their employer because their boss, the director of the Transylvania County DSS, verbally abused and bullied them. The plaintiffs brought claims […]
House passes unemployment extension without COBRA benefits; Senate yet to act
On May 28, 2010, the House passed a watered-down jobs bill. It extends the extra unemployment benefits program for another six months, though those benefits have now expired as of the end of May. Significantly, the House bill did not include an extension of the expanded COBRA program for health insurance. The Senate has yet […]