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Tag Archives: Employee

Labor & Employment – N.C. Wage & Hour Act – 18-Month Contract – Commissions — Employee (access required)

Church v. Home Fashions International, LLC Pursuant to a written contract, plaintiff agreed to work for defendant for 18 months for a salary plus commission. Although defendant contends that, after 12 months, the parties entered into a new contract pursuant to which plaintiff would work for commissions only, defendant has proffered no evidence of this new contract.

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Workers’ Compensation – Employee – Statutory Definition – Agency — Apparent Authority to Hire – Disability (access required)

Campos-Brizuela v. Rocha Masonry, L.L.C. The employee that defendant put in charge of its worksite had apparent authority to hire plaintiff, given his authority to direct workers on the site, his responsibility for dealing with other contractors, and his responsibility for equipment on the worksite. We affirm the Industrial Commission’s award of benefits.

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Labor & Employment – Public Employees – Retirement – Interim Town Manager – ‘Employee’ – 1,000-Hour Requirement (access required)

Beach v. North Carolina Department of Treasurer Respondent failed to show that petitioner worked at least 1,000 hours a year while he served as interim town manager; in fact, the evidence showed that petitioner did not work 1,000 hours a year. Respondent is bound by its own 1,000-hour rule, 20 NCAC 02C.0802.

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Corporate – Piercing the Veil – Shareholder & Officer – Operator’s Wife – Employee (access required)

American Decorative Fabrics, LLC v. Jordan Alexander, Inc.. Plaintiff alleged and proved that defendant Jackie Teague's husband dominated and controlled the corporate defendant. Although Mrs. Teague owned half of the stock in the corporation and was nominally one of its officers, her responsibilities were only those of an employee: selecting and coordinating fabrics for the corporation to purchase, which she did from home. We affirm the trial court's refusal to pierce the corporate veil as to Mrs. Teague.

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