North Carolina Lawyers Weekly

May 15, 2026

Company accused of using per diem structure to avoid overtime obligations

A Georgia-based aviation staffing company has been sued under the Fair Labor Standards Act and North Carolina wage law over allegations that it used a “per diem” compensation structure to […]

Sep 16, 2025

Court affirms dismissal of FLSA wage claims over unpaid pre-employment training

A federal court in North Carolina dismissed FLSA wage claims, ruling pre-employment trainings were not compensable since they primarily benefited employees through transferable certifications.

Feb 6, 2025

Supreme Court clarifies burden of proof in FLSA employer exemption cases

In a recent decision, the U.S. Supreme Court has ruled that employers asserting exemptions under the Fair Labor Standards Act (FLSA) need only meet the “preponderance of the evidence” standard […]

Jan 6, 2025

Have your clients tread carefully in wage disputes

By Steve Dunn In my 20-plus years as a management-side employment lawyer, I used to receive calls about all kinds of workplace situations, but there is one category that still […]

Jan 31, 2018

Labor & Employment – FLSA Claim – Retaliation Allegation – Demand for Documentation or Repayment

Baclawski v. Fioretti (Lawyers Weekly No. 004-001-18, 15 pp.) (David Keesler, USMJ) 3:15-cv-00417; W.D.N.C. Holding: Upon plaintiff’s resignation and her demand for overtime pay, defendant Fioretti sent her an email […]

Jan 17, 2018

Labor & Employment – FLSA attorneys’ fee award vacated

Randolph v. PowerComm Const. Inc. (Lawyers Weekly No. 006-001-18, 8 pp.) (Per curiam) No. 16-2370, Oct. 31, 2017; USDC at Greenbelt, Md. (Hazel, J.) 4th Cir. Unpub. Holding: In awarding attorneys’ fees, the […]

Nov 20, 2017

Labor & Employment – FLSA – Overtime – Truck Drivers – Mixed Fleet

Schilling v. Schmidt Baking Co. (Lawyers Weekly No. 001-200-17, 13 pp.) (Barbara Milano Keenan, J.) 16-2213; Nov. 17, 2013; USDC at Baltimore, Md. (J. Frederick Motz, S.J.) 4th Cir. Holding: […]

Aug 29, 2017

Labor & Employment – FLSA – Overtime – Collective Action – Hearsay – Home Healthcare Workers

Hollis v. Alston Personal Care Services, LLC (Lawyers Weekly No. 003-016-17, 15 pp.) (William Osteen, J.) 1:16-cv-01447; M.D.N.C. Holding: At the stage of certifying a collective action under the Fair […]

Jun 1, 2017

Labor & Employment – FLSA – Civil Practice – Subject Matter Jurisdiction – Tort/Negligence

Williams v. Imeni (Lawyers Weekly No. 002-027-17, 16 pp.) (Louise Flanagan, J.) 5:16-cv-00516; E.D.N.C. Holding: Although the Fourth Circuit has not addressed the issue, since the FLSA places annual gross […]

Jun 1, 2017

Labor & Employment – FLSA – Tipped Employees – 20 Percent Rule – DOL Handbook

Chavez v. T&B Management, LLC (Lawyers Weekly No. 003-013-17, 30 pp.) (Thomas Schroeder, J.) 1:16-cv-01019; M.D.N.C. Holding: Plaintiffs are servers and bartenders who contend that defendants have violated the Fair […]

Aug 17, 2016

Labor & Employment – Subcontract Does Not Bar FLSA Claim

Amaya v. Power Design Inc. (Lawyers Weekly No. 001-136-16, 22 pp.) (Diaz, J.) No. 15-1691, Aug. 15, 2016; USDC at Baltimore, Md. (Motz, J.) 4th Cir. Holding: In this suit […]

Jan 27, 2016

Labor & Employment – Unfair Trade Practices – FLSA – CEO’s Representations – Breach of Contract – Tort/Negligence

Fusco v. Northpoint ERM, LLC (Lawyers Weekly No. 004-001-16, 7 pp.) (Graham Mullen, J.) 3:15-cv-00289; W.D.N.C. Holding: While the North Carolina Unfair and Deceptive Trade Practices Act generally does not […]