North Carolina Lawyers Weekly

The “Settlement Provision” of G.S. § 95-79(b) prohibits parties from agreeing to any settlement that is conditioned on an agricultural producer’s affiliation (or non-affiliation) with a labor union. Since the Settlement Provision merely proscribes certain settlement terms and does not ...

Tagged with: Labor & Employment

On three occasions in two months, a six-year-old – the grandson of the defendant-employer’s owners and son of a supervisor being groomed to take over the family business – called plaintiff the n-word in her workplace. While the district court ...

Tagged with: Labor & Employment

After being terminated from his job, petitioner had until 24 March 2020 to file a grievance. Although petitioner testified that he watched his wife stamp and mail his grievance form on 20 March 2020, the respondent-employer presented evidence that it ...

Where the defendant-treasury department was statutorily required to recoup overpayments of disability benefits, defendant did not breach any contract with plaintiffs when it recouped overpayments made to them because of an error in defendant’s computer programming. We affirm the superior ...

Plaintiff’s complaints about safety concerns were made only to his supervisors; his complaints to the human resources department and to the U.S. Department of Labor were that he had been retaliated against for complaining to management about unsafe conditions and ...

Even though the petitioner-employee left his job for good cause—knee pain exacerbated by his job duties—since the cause was not attributable to the employer, petitioner is not entitled to unemployment benefits. We affirm the Court of Appeals’ decision, which upheld ...

Where a high school drama teacher alleged the school board failed to pay him for his tech work because of his race, but he had been paid a theater director supplement and he did not allege that any other performing ...

Where unions sued a construction company for liquidated damages after it made a series of tardy payments to an employee health and welfare fund, the court joined three other circuits in holding that punitive damages are not recoverable in cases ...

Where an employee confirmed in his deposition testimony that he had been “unable to work” since his relapse and failed to suggest a reasonable accommodation that would have allowed him to do so, his employer prevailed on wrongful termination and ...

Where an Indian doctor alleged that she was denied privileges because of her race, but her complaint contained only vague and conclusory allegations that the hospital denied other physicians of Indian descent clinical privileges before or had a different peer ...