North Carolina Lawyers Weekly

The plaintiff-coach knew from prior years that the parties entered into a new contract before the start of each basketball season; as a result, plaintiff knew in the summer of 2018 that he had not secured a contract for the ...

Where fire battalion chiefs argued they were covered by a “first responder regulation,” which required they be paid overtime, because their primary duty was management and not front line firefighting, the first responder regulation was inapplicable. A review of their ...

Where restaurant employees claimed that tips and automatic gratuities could not be considered in determining whether their employer met its obligations under the Fair Labor Standards Act, or FLSA, it was error to apply a statutory exemption—29 U.S.C. § 207(i)—to ...

Where the employer granted several accommodations to an employee after his knee surgery, including limiting walking to four hours per day and work to eight hours per day and allowing the use of a motorized scooter, but the employee instead ...

  During respondent’s service as Wake County Register of Deeds from 1 December 1996 until 31 March 2017, (1) respondent embezzled more than $600,000 in public funds and (2) the General Assembly enacted G.S. § 128-26(x), which says, “If a ...

Plaintiffs allege that they have developed “SEM Strategies”: internet strategies and techniques to optimize the ranking of their websites on internet search results. While defendants appear to argue that all online retailers use the same approach to search engine optimization, ...

The non-competition provision in the employment contract between defendant Emrick and plaintiff, his former employer, prohibits Emrick from “directly or indirectly” owning, managing, operating, consulting with, or being employed in a business “substantially similar to, or competitive with, the present ...

Where a former deputy commonwealth’s attorney brought a claim under the 14th Amendment’s Equal Protection Clause claiming she was fired in retaliation for reporting alleged sex discrimination, her claim was dismissed because the Equal Protection Clause cannot sustain a pure ...

Allegations that a 401(k) plan sponsor and management committee ignored an imprudent single-stock fund for several years was sufficient to support claims for breaches of the fiduciary duties of prudence and diversification imposed by the Employee Retirement Income Security Act ...

Even if the court disregards the definition of “cause” in the employment agreement between the defendant-corporation and plaintiff Schiffli, defendant has failed to produce any evidence to support the reasons it gave for firing Schiffli. Therefore, Schiffli may recover under ...