Appellate Update
I hope y’all appreciate that I read these opinions so you don’t have to. The employment decisions over the past several months have been fairly…
Department of Labor seeks to clarify compatibility of bonuses with fluctuating workweek method
By Michael B. Cohen Among the alternatives for calculating overtime under the Fair Labor Standards Act, the fluctuating workweek method is perhaps one of the…
Shooting the Messenger: Villainizing Whistleblowers Makes Us All Less Safe
Retaliation subverts the aims of anti-discrimination laws, fair pay rules, safety regulations, accounting requirements, environmental safeguards, and many…
Appellate Case Roundup
It’s our semi-regular roundup of appellate decisions: Dawson-Murdock v. National Counseling Group, Inc., No. 18-1989 (4th Cir. July 24, 2019) (ERISA):…
Enduring Tedium: The Future of Fights Over Electronically Stored Information
By Sean F. Herrmann “Seeking justice often involves enduring tedium.” It’s fitting that North Carolina’s first substantive legal decision on…
Timing may not be everything, but it’s definitely something with Title VII claims
In a published opinion filed August 27, 2019, U.S. Circuit Court Judge A. Marvin Quattlebaum of the Fourth Circuit affirmed the District Court’s grant of…
Oral argument scheduled in hospital-physician “unfair trade” case
Heads up, North Carolina hospitals and doctors! On Wednesday, September 30, the North Carolina Supreme Court will hear oral argument in Hamlet v. Hernandez.…
Texas v. EEOC: Sound and Fury Signifying Nothing?
On Aug. 6, 2019, the 5th Circuit rocked the EEOC by permanently enjoining the use of the 2012 EEOC Enforcement Guidance on the Consideration of Arrest and…
Enduring Tedium: The Future of Fights Over Electronically Stored Information
By Sean F. Herrmann “Seeking justice often involves enduring tedium.” It’s fitting that North Carolina’s first substantive legal decision on…
Court Decision Highlights Importance of ADA ‘Interactive Process’
By Zachary Anstett In an order filed July 18, U.S. District Court Judge Louise Flanagan of the Eastern District of North Carolina refused to dismiss a lawsuit…