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Tag Archives: 4th Circuit

4th Circuit: Offer letter didn’t moot overtime case (access required)

The "junior asset managers" of a Charlotte mortgage-servicing firm answered phones and collected payments. They didn't supervise others, didn't make final decisions on how to process accounts - and at one point they were asked to fill out time cards to document their hours. Yet the workers at United Mortgage and Loan Investment routinely were asked to work more than 40 hours a week and were deemed exempt from federal wage and hour laws that require overtime pay.

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Federal or state? Employment lawyers have strong preferences on venue (access required)

An attorney with an employment-discrimination case will most likely take the case to the nearest county courthouse to be heard by a state judge. But just as likely, the defense counsel for the employer will have it removed to federal ...

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Criminal Practice-Appeals-Sentencing (access required)

United States of America v. Thomas Baldwin. Where defendant's sentence was already at the lowest end of the applicable guidelines range, and in the absence of sufficiently extraordinary circumstances, the district court did not abuse its discretion in refusing to reduce defendant's federal sentence to account for time defendant had served on an undischarged state sentence. Affirmed.

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Civil Practice – Appellate Review – Timely Objection (access required)

Boyd v. Wagoner. The 4th Circuit affirmed the district court's dismissal of appellant's complaint as frivolous where appellant failed to file a timely objection to the district court's order adopting the magistrate judge's report and recommendation because the appellant was warned that the consequence of noncompliance could result in the waiver of appellate review and he failed to act.

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