Entries by Labor

After-Acquired Evidence Could Limit State Employees’ Relief in Contested Cases

By Trey Ferguson  Since the U.S. Supreme Court adopted the after-acquired evidence rule in McKennon v. Nashville Banner Publishing Co., employers have relied on this doctrine to limit former employees’ remedies in wrongful termination cases. Suppose an employer terminates an employee because he is 60 years old. That discharge would clearly violate the federal Age Discrimination […]

Fight Hunger, Help Others in the COVID-19 Pandemic – Participate in the Legal Feeding Frenzy and Support Your Local Food Bank!

By Michele Livingstone and Will Quick Our section membership has a strong tradition of supporting and participating in pro bono and community service activities—both those planned and sponsored by the NCBA and those that you undertake on your own or with other organizations. We are in unprecedented times with COVID-19 (Coronavirus), and I am confident […]

DOL Implements New Joint Employer Rule

By T. Cullen Stafford  The U.S. Department of Labor’s final rule clarifying the joint employer standard took effect on March 16. The final rule, first announced on January 12, narrows the definition of joint employment and contains several practical examples of scenarios where joint employer status would or would not exist. The rule is a positive development […]

Appellate Update

By Joe Murray The court opinions have been sparse lately, and none of them are earth shattering. But here they are: Davis v. NC Dep’t of Health & Hum. Servs., No. COA19-449 (N.C. App. Dec. 17, 2019) (unpublished) (Human Resources Act): DHHS terminated Davis for manually lifting a patient from his wheelchair to his bed […]

Appellate Update

By Joe Murray I hope y’all appreciate that I read these opinions so you don’t have to. The employment decisions over the past several months have been fairly pedestrian. Clehm v. BAE Sys. Ordnance Sys., Inc., No. 18-2010 (4th Cir. Sept. 30, 2019) (unpublished) (Title VII): Clehm was sexually assaulted by a coworker, who BAE […]

Department of Labor seeks to clarify compatibility of bonuses with fluctuating workweek method

By Michael B. Cohen Among the alternatives for calculating overtime under the Fair Labor Standards Act, the fluctuating workweek method is perhaps one of the least familiar and used techniques. The fluctuating workweek method enables employers to pay overtime to certain non-exempt employees at one-half their regular rate, rather than one and one-half times their […]

Shooting the Messenger: Villainizing Whistleblowers Makes Us All Less Safe

By Kevin Murphy Retaliation subverts the aims of anti-discrimination laws, fair pay rules, safety regulations, accounting requirements, environmental safeguards, and many other laws. Employees cannot invoke the rights provided by these laws or help the government stamp out fraud if they know they will be retaliated against for speaking up or reporting misconduct. Retaliation is […]

Appellate Case Roundup

By Joe Murray It’s our semi-regular roundup of appellate decisions: Dawson-Murdock v. National Counseling Group, Inc., No. 18-1989 (4th Cir. July 24, 2019) (ERISA): National Counseling Group (NCG) made a nifty argument to get this case dismissed at the district court level: Despite the summary plan document stating NCG was the plan administrator and a […]

Enduring Tedium: The Future of Fights Over Electronically Stored Information

By Sean F. Herrmann “Seeking justice often involves enduring tedium.” It’s fitting that North Carolina’s first substantive legal decision on eDiscovery begins with this pithy observation. Employment litigators often lament the virtual hellscape of discovering electronically stored information (“ESI”). But the era when paper was king is long dead, and the fight is now firmly […]

Timing may not be everything, but it’s definitely something with Title VII claims

By Zack Anstett In a published opinion filed August 27, 2019, U.S. Circuit Court Judge A. Marvin Quattlebaum of the Fourth Circuit affirmed the District Court’s grant of summary judgment brought under Title VII. Judge Quattlebaum’s decision in Perkins v. International Paper Company is another feather in the defense attorney’s cap and illustrates the importance […]