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Law Blog

August 12, 2009 By nicole

4th Circuit rejects STAA retaliation claim

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 that such activity was protected by the Surface Transportation Assistance Act (STAA). The Department of […]

Filed Under: In the News Tagged With: Case Commentary, Fourth Circuit, Retaliation

August 10, 2009 By nicole

Bills protecting workers and consumers signed by Governor Perdue

The Statute of Repose Bill was signed by Governor Perdue on August 5, and becomes effective on October 1, 2009. The bill extends the outer time limit for individuals injured by defective products to file claims. The text of the bill can be found here. The Guaranty Fund Bill, which expands the coverage of the N.C. […]

Filed Under: Personal Injury, Workers' Compensation Tagged With: Legislation, North Carolina, Products Liability, Structured Settlements

August 10, 2009 By nicole

4th Circuit rules for class certification in racial discrimination case

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 promotion practices, as well as hostile work environment claims. The majority concluded that the plaintiffs could proceed with all […]

Filed Under: In the News Tagged With: Case Commentary, Class Action, Discrimination, Fourth Circuit, Title VII

August 4, 2009 By nicole

Today’s workers’ compensation decisions by the NC Court of Appeals

Cannizzaro v. Food Lion: The court affirmed the decision of the Industrial Commission, which found that the plaintiff’s accident caused his psychiatric conditions. The court concluded that, although not a physician, a psychologist specializing in neurological and cognitive psychology with significant experience with traumatic brain injuries was qualified to provide expert testimony. D’Aquisto v. Mission St. […]

Filed Under: In the News, Workers' Compensation Tagged With: Case Commentary, Industrial Commission, NC Court of Appeals, North Carolina

August 2, 2009 By nicole

Ninth Circuit says individual managers can be held responsible for FLSA violations, regardless of bankruptcy

In Boucher v. Shaw, the Ninth Circuit Court of Appeals ruled that individual managers/owners — in this case a hotel’s CEO, CFO, and labor/employment manager — may be held liable for unpaid wages, vacation, and holiday pay under the Fair Labor Standards Act (FLSA). The FLSA allows suits to be brought against individuals, in addition […]

Filed Under: In the News Tagged With: Bankruptcy, Case Commentary, Fair Labor Standards Act, FLSA, Lost Wages, Manager Liability, Ninth Circuit

July 31, 2009 By nicole

Unemployment benefits expansion signed by governor

House Bill 1090, which allows workers receiving severance pay to also receive benefits, was signed by the governor on July 27, 2009. This act becomes effective October 1, 2009, and expires July 1, 2011. Further regulatory guidance from the ESC may be forthcoming. The text of the bill can be found here.

Filed Under: In the News Tagged With: Legislation, North Carolina, Severance Agreements, Unemployment Benefits

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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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