The “Settlement Provision” of G.S. § 95-79(b) prohibits parties from agreeing to any settlement that is conditioned on an agricultural producer’s affiliation (or non-affiliation) with a labor union. Since the Settlement Provision merely proscribes certain settlement terms and does not ...

Tagged with: Labor & Employment

On three occasions in two months, a six-year-old – the grandson of the defendant-employer’s owners and son of a supervisor being groomed to take over the family business – called plaintiff the n-word in her workplace. While the district court ...

Tagged with: Labor & Employment

CHARLOTTE, N.C. (AP) — A federal prosecutor says a North Carolina woman has been sentenced to 15 years in prison for using verbal, physical and emotional threats to coerce a person to work at her nail salon for nearly two ...

Tagged with: Labor & Employment

Where the complaint alleges that the defendant-employer and the defendant-supervisor negligently pushed plaintiff to achieve full-time goals while she was working part-time, leading to a relapse of her mental illness, plaintiff’s claim may be brought only as a workers’ compensation ...

Tagged with: Labor & Employment

In this lawsuit arising from a failed business venture, plaintiff’s claim of breach of fiduciary duty fails because the parties’ purported partnership was subsumed into their limited liability company. The parties’ cross-motions for summary judgment are granted in part and ...

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Where the defendant-town did not plead governmental immunity as an affirmative defense or move to dismiss on this basis, the trial court erred when it relied solely or primarily on governmental immunity to grant the town’s motion for a directed ...

Tagged with: Labor & Employment

An email chain between the parties’ counsel is the basis for their dispute over whether plaintiff agreed to pay defendant Sabatino $16,000 for several internet domain names. Plaintiff’s counsel made clear in her first email that defendant Barnett-Sabatino’s return of ...

Tagged with: Labor & Employment

Duo-Fast Carolinas Inc. v. Scott’s Hill Hardware & Supply Co. Inc. (Lawyers Weekly No. 020-006-18, 34 pp.) (Gregory P. McGuire, J.) 2018 NCBC 2 Holding:  Upon cross-motions for summary judgment in an action seeking enforcement of a covenant not to ...

Tagged with: Labor & Employment

Dillard v. Dolgen Corp. LLC (Lawyers Weekly No. 003-022-17, 8 pp.) (Joi Elizabeth Peake, USMJ) 1:17-cv-0012; M.D.N.C. Holding: Even though the opt-out period for the arbitration agreement in the parties’ employment contract was only 30 days, and even though plaintiff ...

Tagged with: Labor & Employment

Ehmann v. Medflow, Inc. (Lawyers Weekly No. 020-092-17, 48 pp.) (James Gale, C.J.) 2017 NCBC 86 Holding: Even though the defendant-corporation had different ownership when the plaintiff-officers and director negotiated – among themselves – employment contracts that provided them with ...

Tagged with: Labor & Employment