Call Us 919-568-1309In 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 […]
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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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
