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Case Commentary

June 16, 2010 By nicole

Ninth Circuit rejects tip-pooling claims of servers making more than minimum wage before tips

In a case that appears to one of first impression at the federal appellate level, the Ninth Circuit ruled in Cumbie v. Woody Woo, Inc. that there are no tip-pooling claims under the Fair Labor Standards Act (FLSA) for restaurant employees who are paid more than the minimum wage before tips. FLSA, the federal wage […]

Filed Under: In the News Tagged With: Case Commentary, Class Action, Collective Action, Fair Labor Standards Act, FLSA, Minimum Wage, NCWHA, Ninth Circuit, Tip Credit, Tip Pooling

June 11, 2010 By nicole

NC Court of Appeals on workplace infliction of emotional distress claims

In an unpublished decision last month, the North Carolina Court of Appeals issued Crocker v. Griffin, a case that touched on emotional distress claims in the workplace setting. In the case, four plaintiffs brought suit against their employer because their boss, the director of the Transylvania County DSS, verbally abused and bullied them. The plaintiffs brought claims […]

Filed Under: In the News, Workers' Compensation Tagged With: Appeals, Case Commentary, Intentional Infliction of Emotional Distress, NC Court of Appeals, Negligent Infliction of Emotional Distress, Psychological Injury, Workplace Abuse

May 29, 2010 By nicole

Two employment decisions from the Supreme Court

On May 24, the Supreme Court issued two employment-related opinions.  The first, Lewis v. Chicago, concerned the filing deadline for disparate impact discrimination cases under Title VII. The black firefighter plaintiffs in the case sought to challenge a written test used for determining promotions. The question was whether their statute of limitations began running when the […]

Filed Under: In the News Tagged With: Attorney Fees, Case Commentary, Disparate Impact, ERISA, Fourth Circuit, Long-term Disability Benefits, Racial Discrimination, Statute of Limitations, Title VII, US Supreme Court

May 19, 2010 By nicole

NC Court of Appeals cases on REDA and appellate procedure

Two opinions of note were issued by the North Carolina Court of Appeals yesterday. The first, Beard v. Cumberland County Hospital System, concerns North Carolina’s Retaliatory Employment Discrimination Act (REDA). REDA prohibits discrimination or retaliation against an employee for, among other things, filing a workers’ compensation claim. N.C. Gen. Stat. § 95-241(a)(1). The discrimination or retaliation can be […]

Filed Under: In the News, Workers' Compensation Tagged With: Appeals, Case Commentary, Industrial Commission, NC Court of Appeals, REDA, Retaliation, Retaliatory Employment Discrimination Act

May 14, 2010 By nicole

Fourth Circuit rules for plaintiff in significant gender discrimination opinion

The Fourth Circuit Court of Appeals recently issued a ringing opinion for employees in Merritt v. Old Dominion Freight Lines, a gender discrimination case until Title VII. The Court’s discussion of gender discrimination, sex stereotyping, and a corporate culture of discrimination is excellent and will make very useful precedent. A long-ish discussion is therefore in order. As […]

Filed Under: In the News Tagged With: Case Commentary, Discrimination, Fourth Circuit, Gender, Greensboro, Pretext, Sex Stereotyping, Title VII, Trucking

May 6, 2010 By nicole

NC Court of Appeals concludes unexpected injury not covered by workers’ compensation

The North Carolina Court of Appeals recently issued an interesting opinion in Gray v. RDU Airport Authority. In the case, the plaintiff — a traffic control officer — was directing traffic in front of the airport terminals when he stepped backward onto a sloping part of a crosswalk and felt a sharp “pop,” later revealed to […]

Filed Under: In the News, Work Injury, Workers' Compensation Tagged With: Case Commentary, Industrial Commission, Injury by Accident, NC Court of Appeals

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300 Blackwell St. #101,
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Phone: (919) 240-4054

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1018 East Blvd. #6
Charlotte, NC 28203

Phone: (704) 200-2009

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