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Labor & Employment — Civil Practice – Class Action – Wage & Hour Act – Bakery Distributors – FLSA (access required)

Rehberg v. Flowers Baking Co. of Jamestown, LLC (Lawyers Weekly No. 15-04-0277, 37 pp.) (Max Cogburn Jr., J.) 3:12-cv-00596; W.D.N.C. Holding: Although defendants require their distributors to sign independent contractor agreements, plaintiff Mario Ronchetti alleges that defendants exert significant control ...

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Labor & Employment — ADA – Spanish Interpreter – Proficiency Test – Accommodation – Telephone (access required)

Cathey v. Wake Forest University Baptist Medical Center (Lawyers Weekly No. 15-03-0287, 32 pp.) (Thomas Schroeder, J.) 1:13-cv-00543; M.D.N.C. Holding: Where the defendant-employer required plaintiff to take her Spanish language proficiency test over the telephone, but where the telephone provided ...

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Labor & Employment – Wage & Hour Act – Tort/Negligence – Interference with Contract – Covenant Not to Compete (access required)

Moonracer, Inc. v. Collard (Lawyers Weekly No. 15-02-0285, 14 pp.) (Terrence Boyle, J.) 5:13-cv-00455; E.D.N.C. Holding: When defendant Collard was employed by plaintiff, he signed notices that, if his employment were terminated, he would forfeit unused vacation and commissions that ...

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Labor & Employment — Civil Rights – Sex Discrimination Claim – ‘Personal Staff’ Exception – Attorneys – DA & ADA (access required)

Shaffer v. Gaither (Lawyers Weekly No. 15-04-0275, 8 pp.) (Max Cogburn Jr., J.) 5:15-cv-00106; W.D.N.C. Holding: The complaint’s allegations do not require a conclusion that plaintiff was in the elected district attorney’s first line of advisers; in fact, there is ...

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Labor & Employment — Civil Practice – Subject Matter Jurisdiction – Exhaustion of Administrative Remedies – Title VII – EEOC Charge (access required)

Brooks v. Coble Settlement (Lawyers Weekly No. 15-03-0234, 10 pp.) (James Beaty, J.) 1:14-cv-00280; M.D.N.C. Holding: Plaintiff’s complaint does not allege that she exhausted her administrative remedies against defendant Nursefinders, and the EEOC right-to-sue letter attached to her complaint does ...

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