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Tag Archives: employment

What’s ahead for employers in wage and hour legislation (access required)

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With an employer-employee relations agenda set by the new Congress, employers should know what to expect in the field of wage and hour laws. Wage and hour laws, and their accompanying regulations, already provide the basis for an ever-growing number of employment-related lawsuits. While the nature and number of the possible developments are practically unlimited, here is a list of some of the likely items on the horizon:

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Contract – Breach – Tort/Negligence – Conversion – Civil Practice – Notice Pleading – Labor & Employment – Misappropriation of Trade Secrets – Claim & Delivery (access required)

Barbarino v. Cappuccine, Inc.Where our Court of Appeals held, Where defendant alleged the existence of a contract pursuant to which plaintiff agreed to keep confidential certain information, agreed to restrictions on the use of that information, and agreed to return the confidential information upon termination of her employment, and where defendant also alleged that plaintiff breached that contract by misusing and not returning the confidential information, defendant has stated a claim for breach of contract, we affirm.

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Workers’ Compensation – ‘Accident’ – Personal Care Attendant – ‘Fall Risk’ Patient – Disability – Futility (access required)

Ochoa v. Noah’s Angels, LLC Even though it was expected that plaintiff’s patient would fall from time to time, plaintiff suffered an injury by accident when the patient fell almost to the floor – farther than she ever had during the four years that she was in plaintiff’s care – and plaintiff hurt her shoulder while catching the patient.

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Civil Rights – Constitutional – Motion to Dismiss – Motion for Leave to Amend – Equal Employment Practices Act – Age Discrimination in Employment Act – Employment (access required)

Dallie Cherry v. Perdue Farms, Incorporated; and Stacy Mills. (Lawyers Weekly No. 11-02-0087, 11 pp.) (Flanagan, J.), USDC for the Eastern District of North Carolina, Northern Division, No. 2:10-CV-23-FL, December 27, 2010. Click here for the full text of the ...

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Age claim that beat summary judgment gets noticed nationwide (access required)

A 46-year-old Alexander County emergency medical services supervisor who was demoted when his team failed to meet a targeted response time has a triable case of age discrimination, a federal judge ruled late last month. The case, Fox v. Alexander County, has drawn national attention among labor lawyers because the plaintiff survived a summary-judgment motion from the employer - an unusual event in federal court. "It's pretty noteworthy," said the plaintiff's attorney, Joshua Van Kampen (pictured). "The employer-discrimination firms are very adept at getting these cases dismissed."

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ABA ponders ‘Truth in Law School Education’ (access required)

Law schools need to be more transparent about the costs and employment data they give to applicants, and it's time to make that happen. So says American Bar Association President Steve Zack (pictured), who recently told a group of educators that the ABA is considering whether to increase the types of information that schools are required to disclose to consumers.

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