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North Carolina Personal Injury & Workers Compensation Attorneys

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Wage and Hour

September 2, 2010 By nicole

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: In the News Tagged With: Ann Groninger, Case Commentary, Class Certification, Collective Action, EDNC, FLSA, North Carolina, Smithfield Packing, Unpaid Wages, Wage and Hour

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

January 17, 2010 By nicole

Recent Fourth Circuit labor and employment decisions

The Fourth Circuit has published opinions in three labor and employment cases in recent weeks. The first case, Sepulveda v. Allen Family Foods, Inc., concerned a Fair Labor Standards Act (FLSA) collective action that was brought on behalf of a class of current and former employees of a chicken processing plant. The employees claimed, among other things, […]

Filed Under: In the News, Work Injury, Workers' Compensation Tagged With: Case Commentary, Collective Action, Concerted Activity, FLSA, Fourth Circuit, NLRB, Retaliation, Sarbanes-Oxley Act, Union, Wage and Hour

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

June 16, 2009 By nicole

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

In Panos v. Timco Engine Center, the court considered the applicability of the North Carolina Wage and Hour Act (NCWHA) to an employee who works outside of North Carolina. Plaintiff had brought an action based on the company’s failure to pay severance as required by his employment contract. Although the company was based in North Carolina, […]

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

May 27, 2009 By nicole

Fourth Circuit finds for plaintiff in FLSA overtime case

In Desmond v. PNGI Charles Town Gaming, the Fourth Circuit reversed the trial court, concluding instead that the plaintiff was not exempt from being paid overtime as an administrative employee.  Under the Fair Labor Standards Act (FLSA), one of the “white collar” exceptions to the overtime requirement is the administrative exception. An administrative position is “office […]

Filed Under: In the News Tagged With: Case Commentary, FLSA, Fourth Circuit, Overtime, Wage and Hour, White Collar Exceptions

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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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