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Uncategorized

January 15, 2011 By Valerie Johnson

NC Court of Appeals supports employment contract claim

In Lockett v. Sister-2-Sister Solutions, Inc., the North Carolina Court of Appeals reversed the dismissal of a breach of contract claim based on the plaintiff’s employment.  In this case, the plaintiff had an employment contract with the defendant that provided that he could only be fired for cause. The Court held that “an employment relationship that […]

Filed Under: Uncategorized Tagged With: At-Will Employment, Breach of Contract, Case Commentary, Employment Contract, NC Court of Appeals, NC Wage and Hour Act

January 9, 2011 By Valerie Johnson

Disturbing trend of more temporary workers

The New York Times highlights a disturbing trend that has occurred during the Great Recession: the greater percentage of workers being hired as temporary employees instead of permanent ones. Temporary workers often get lower wages, have little or no benefits, less job security, and less chance of promotion and a lasting career. This is obviously bad […]

Filed Under: Uncategorized Tagged With: Great Recession, Japan, New York Times, Temporary Jobs, Wages

December 5, 2010 By Valerie Johnson

Millions to lose unemployment benefits, even if extension passes; new course of action needed

Even if Congress manages to extend emergency unemployment benefits for more the millions of workers who could receive them, about four million others will see their benefits end over the next year, unless an entirely new program is created. This is according to a report recently issued by the President’s Council of Economic Advisers. So the crisis […]

Filed Under: Uncategorized Tagged With: Congress, Deficit Commission, Great Recession, Jobs, Medicare, Monthly Job Report, Our Fiscal Security, Social Security, Unemployment, Unemployment Benefits, Unemployment Extension, Unions, Wages

December 1, 2010 By Valerie Johnson

Extended unemployment blocked by Republicans again

Extended unemployment benefits — providing for up to 99 weeks of benefits — have expired again because of Republican obstruction. Up to 2 million long-term job-seekers could lose their benefits by the end of the year. Coverage can be found here. Once again, Republicans oppose helping the unemployed in the name of the budget deficit, […]

Filed Under: Uncategorized Tagged With: Congress, ESC, Unemployment Benefits, Unemployment Extension

October 28, 2010 By Valerie Johnson

Issues raised by new types of workplace drug testing

This New York Times article discusses an important employment issue that may become more prevelant: whether and how employers may test and discipline employees for using legal prescription drugs. As the article relates, drug testing like this is regulated in part by the Americans with Disabilities Act (ADA). In North Carolina, two other state statutes can […]

Filed Under: Uncategorized Tagged With: Controlled Substances, Discrimination, Drug Testing, New York Times, North Carolina

September 6, 2010 By Valerie Johnson

Decreasing wages continue trend that helped cause Great Recession

Several recent articles highlight both the continuing pressure on workers’ wages as well how decreasing wages helped cause the Great Recession in the first place. This article points to a troubling reality that even for those unemployed people fortunate to find a new job, that new job often means a decrease in wages and living […]

Filed Under: Uncategorized Tagged With: Great Recession, Health Care, Health Insurance, New York Times, Robert Reich, Wages

September 2, 2010 By Valerie Johnson

Magistrate judge concludes that Smithfield wage and hour collective action should proceed

In this case, plaintiffs are bringing collective action claims under the Fair Labor Standards Act (FLSA) based on the under-payment of wages and overtime at Smithfield Packing’s Tar Heel, North Carolina meat processing facility. Magistrate Judge Gates issued an opinion last week recommending that defendant’s motion to decertify the FLSA collective action be denied. If his recommendation […]

Filed Under: Uncategorized Tagged With: Ann Groninger, Case Commentary, Class Certification, Collective Action, EDNC, FLSA, North Carolina, Smithfield Packing, Unpaid Wages, Wage and Hour

August 22, 2010 By Valerie Johnson

NC Court of Appeals voids as overbroad a non-compete and non-solicitation agreement

In a recent unpublished opinion, MGM Investigations Inc. v. Sjostedt, the North Carolina Court of Appeals declared a particular non-compete and non-solicitation agreement to be unenforceable because it was overly broad and too vague. In the opinion, the Court reviewed many of the core principles in determining whether non-compete agreements are enforceable. To be enforceable, a […]

Filed Under: Uncategorized Tagged With: Case Commentary, NC Court of Appeals, Non-Compete Agreements, Non-Solicitation Agreements, Restrictions on Competition, Time and Territory Restrictions

August 12, 2010 By Valerie Johnson

NY Times looks again at the burden on working parents

Prompted by a stark pattern on the U.S. Supreme Court, David Leonhardt of the New York Times addresses the continuing burdens on working parents that still mostly fall on women. Because employers do not make reasonable accommodations for parental leave, parents who take time off often suffer long-term drops in pay and position, or stop […]

Filed Under: Uncategorized Tagged With: Family and Medical Leave, New York Times, Paid Leave, Parental Leave, Pay Disparities, Work and Family Balance

June 30, 2010 By Valerie Johnson

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: Uncategorized Tagged With: Arbitration Agreement, Case Commentary, CBA, Labor Arbitration, Teamsters, Unions, US Supreme Court

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