Entries by Labor

Appellate Update

By Joe Murray It’s our semi-regular roundup of appellate decisions, with two non-appellate highlights at the end. McCaffery v. Chapman, No. 17-2198 (4th Cir. April 9, 2019) (1st Amendment): Why does anyone want to be a sheriff’s deputy? It seems to have all the negatives of being a government employee with even fewer benefits. McCaffrey […]

Nothing To Croak About: Westmoreland v. TWC

By Sean F. Herrmann Judge Niemeyer’s fiery dissent in Westmoreland v. TWC Admin. LLC, No. 18-1600 (4th Cir. May 22, 2019) has people talking more than the typical employment discrimination case. In it, Judge Niemeyer proclaims: Congress would croak to learn that the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., would […]

NLRB General Counsel Says Uber Drivers Aren’t ‘Employees’ For Labor Law Purposes

By Robin Shea Last week, the General Counsel of the National Labor Relations Board publicly released an Advice Memorandum saying that Uber drivers are not “employees” with protections under the National Labor Relations Act. The memorandum, issued on April 16, indicates possibly tougher times for all workers in the gig economy. The General Counsel concluded […]

How Not to Terminate an Employee

By Joe Murray I don’t know if Waste Connections, Inc. (WCI) discriminated against Jimmy Haynes when it terminated him in October 2015, but I do know that it did just about everything wrong from an HR standpoint. Because Haynes had to use the McDonnell-Douglas framework to prove his case, those mistakes allowed the 4th Circuit […]

Compensation Data Reporting In EEO-1 Reports: The Saga Continues

By Robin Shea Employers should start gathering their 2018 compensation information if they haven’t already. My last post covered the court decision issued on March 4 in the case of National Women’s Law Center v. Office of Management and Budget, which directed the Equal Employment Opportunity Commission to require employers to submit compensation data with their […]

Appellate Update

By Joe Murray Here are the 4th Circuit and North Carolina Court of Appeals’ latest employment law decisions. Gomez v. Haystax Technology, Inc., No. 17-2360 (4th Cir. March 5, 2019) (unpublished) (ADA, FMLA, Title VII, ADEA): Defendants, who are private government contractors, hired Gomez in May 2013 to work on various government contracts. During the […]

Submit Nominations For the Labor & Employment Law Harkavy Award

The Jonathan R. Harkavy Award Committee is accepting nominations from now until Friday, May 31. The Harkavy Award exists to recognize an individual for “Outstanding Service, Leadership, and/or Significant Contributions to the Development of Labor and Employment Law in North Carolina.” After completing the nomination form, please submit it, along with any other materials you […]