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Case Commentary

July 29, 2010 By nicole

NC Court of Appeals July 20, 2010 decisions on workers’ compensation — part 2

The third workers’ compensation decision that the North Carolina Court of Appeals issued last week was Reaves v. Industrial Pump Service, a case that had already been to the Court last year. Under the Pickrell presumption, “When an employee is found dead under circumstances indicating that death took place within the time and space limits of […]

Filed Under: In the News, Workers' Compensation Tagged With: Case Commentary, Compensable Injury, Death Benefits, Heart Attack, Heat Exposure, Industrial Commission, Injury by Accident, Knee Injury, NC Court of Appeals, Pickrell Presumption, Rowan Salisbury

July 28, 2010 By nicole

NC Court of Appeals July 20, 2010 decisions on workers’ compensation — part 1

On July 20, 2010, the North Carolina Court of Appeals issued four published opinions regarding workers’ compensation. The first decision, Morales-Rodriguez v. Carolina Quality Exteriors, Inc., concerned whether the plaintiff was an employee or an independent contractor of the defendant. The plaintiff sought benefits for injuries sustained when he fell from a building at Nags Head, […]

Filed Under: In the News, Workers' Compensation Tagged With: Case Commentary, Employee Requirement, Independent Contractors, Industrial Commission, Medical Expenses, NC Court of Appeals, Travel Expenses

July 10, 2010 By nicole

NC Court of Appeals’ latest workers’ compensation decisions

The North Carolina Court of Appeals has issued two workers’ compensation cases of note in its latest batch of decisions. The first, Woodliff v. Fitzpatrick, concerned whether the plaintiff’s employer had three or more employees. An employer is subject to the Workers’ Compensation Act only if it “regularly employs” three or more employees. See N.C. Gen. Stat. § […]

Filed Under: In the News, Workers' Compensation Tagged With: Case Commentary, Charlotte, Combination of Injuries, Construction Companies, Employee Requirement, Independent Contractors, Industrial Commission, NC Court of Appeals, Police Officers

June 30, 2010 By nicole

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: In the News Tagged With: Arbitration Agreement, Case Commentary, CBA, Labor Arbitration, Teamsters, Unions, US Supreme Court

June 28, 2010 By nicole

NC Court of Appeals upholds jury verdict for employee to collect earned bonuses

Earlier this month, the North Carolina Court of Appeals issued Kornegay v. Aspen Asset Group LLC, an interesting case that raises and decides some key issues under the North Carolina Wage and Hour Act (NCWHA). At issue was whether the employee-plaintiff had a contract that included bonus payments, and if so, whether those had to be […]

Filed Under: In the News Tagged With: Attorneys' Fees, Bonus Payments, Breach of Contract, Case Commentary, Earned Wages, Liquidated Damages, NC Court of Appeals, NCWHA, North Carolina Wage and Hour Act, Wage and Hour, Wage Change Notice

June 19, 2010 By nicole

Supreme Court rules on workplace privacy and two-member labor board

Two labor and employment decisions were released by the U.S. Supreme Court this past week. In the first, City of Ontario v. Quon, the Court unanimously held (with Scalia concurring separately) that the government employer’s search of employee text messages was reasonable under the Fourth Amendment. Unlike private employers, public employers are constrained (somewhat) by […]

Filed Under: In the News Tagged With: Case Commentary, Fourth Amendment, Labor Board, NLRA, NLRB, Text Messages, Unions, US Supreme Court, Workplace Privacy

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