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In the News

September 8, 2009 By nicole

Study shows that low wage workers are subject to a host of employment and labor law violations

A new study, “Broken Laws, Unprotected Workers,” shows that employers routinely violate the employment rights  of low wage workers, with frequent violations of the wage and hour laws, workers’ compensation laws, and anti-retaliation protections. (The summary of the original study is here.) Here are some of the startling findings: 68 percent of the workers interviewed had […]

Filed Under: In the News, Workers' Compensation Tagged With: Minimum Wage, Overtime, Retaliation, Union, Wage and Hour

August 28, 2009 By nicole

Today’s employment decision by the NC Supreme Court

Carolina Power & Light Company v. Employment Security Commission: At issue was whether an employee who accepts a voluntary early retirement package, offered by the employer as part of a company-wide downsizing, is eligible for unemployment insurance benefits. In a unanimous opinion, the Court held that the employee was not entitled to benefits because he still […]

Filed Under: In the News Tagged With: Case Commentary, NC Supreme Court, Unemployment Benefits

August 18, 2009 By nicole

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

Hawkins v. General Electric Co.: The court mostly affirmed an award to the plaintiff based on an occupational disease, contact dermititis, that was causally related to his employment. The court also agreed that he was disabled as long as his condition persisted. Jeffers v. D’Alessandro: The plaintiff, a former player for the Carolina Panthers, had brought […]

Filed Under: In the News, Workers' Compensation Tagged With: Arbitration, Case Commentary, NC Court of Appeals, North Carolina Wage and Hour Act

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

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

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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

Fax : (888) 412-0421

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