Call Us 919-240-4054Cannizzaro 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. […]
Law Blog
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 […]
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.
4th Circuit rules for plaintiff in Title VII case
In EEOC v. Central Wholesalers, Inc., the 4th Circuit reversed the district court’s grant of summary judgment to the employer. The court concluded that there was enough evidence for a jury to find that the plaintiff suffered from severe racial and sexual harassment in the workplace.
Unemployment data
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 […]
Today’s workers’ compensation opinion by the NC Court of Appeals
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 […]