The 4th Circuit recently ruled that GEICO wrongfully categorized its insurance investigators as exempt from the Fair Labor Standards Act overtime requirement, but ruled that the misclassification was not willful, and denied the workers liquidated damages and an extended statute of limitations.
A writ of mandamus is a court order that a state or local government official perform a ministerial, non-discretionary act that is part of their official duties. Our attorneys recently traveled to Statesville to secure such an order so our client could appeal the decision not to promote him.
Today marks the 24th anniversary of the notorious Imperial Food Products fire in Hamlet, North Carolina. In the fire, 25 workers dies and 49 were injured because of unsafe conditions, including a locked exit door; according to the NC Dept. of Labor, the investigation found "numerous violations of...
The law school's pay system results in gender inequality according to the EEOC in a recent determination.
from an agency press release: Winston-Salem Health Care Company Will Pay $48,000 to Settle EEOC Pregnancy Discrimination Lawsuit Company Fired Employee After She Requested Maternity Leave, Federal Agency Charged WINSTON-SALEM, N.C. - Level Four Orthotics & Prosthetics, Inc. has agr...
The 4th Circuit Court of Appeals ruled that the employer's response to severe harassment (racist death threats) could be found by a reasonable jury to have been inadequate, where the employer is required to act promptly in a manner reasonably calculated to end the harassment.
New DOL administrative interpretation of the FLSA definition of employee urges an expansive view of the employer/employee relationship in the context of the issue of whether a worker should be classified as an employee or an independent contractor.
Federal Employment Law update manuscript covering new SCOTUS and 4th Circuit opinions in detail, and summarizing decisions from other circuits.
The Department of Labor has proposed reducing federal workers' compensation for the majority of injured workers by 5%, citing an undemonstrated incentive for workers to not return to work.
Misclassification is a pervasive, costly problem affecting the entire economy. The Department of Labor has continued growing its efforts to work with states to reduce misclassification through information sharing and cooperative law enforcement.
The North Carolina Whistleblower Act protects state employees from retaliation on the basis of reporting law violations, fraud, misappropriation of State resources, certain health and safety issues, or gross mismanagement, waste, or abuse of authority.
Noncompete agreements must be reasonable in time, geography, and restricted activity, and their validity should not be assumed.
This article discusses the analysis of a recent 5th Circuit Court of Appeals ruling that marine superintendents do not fit under the administrative worker exemption of the Fair Labor Standards Act overtime requirement.
