Rejoice! This is a great day for justice and the rule of law. In a six to three ruling, the U.S. Supreme Court ruled that Title VII of the 1964 Civil Rights Act bars discrimination against LGBTQ persons. Justices Neil Gorsuch wrote the majority opinon. He was joined by Chief Justice Roberts and Justices Ginsburg, Breyer, Sotomeyor, and Kagan. The … Read More
In two cases decided within the last 30 days, Edward Jones was denied requests for injunctions against former brokers it accused of stealing trade secrets and soliciting customers. Edward D. Jones & Co., L.P. v. Michael Peterson, Case No. 2:19-dv-01968-JCM-EJY (D. Nev. December 6, 2019) and FINRA arbitration case 19-03340 (December 3, 2019) On November 8, 2019, broker-dealer Edward D. … Read More
The Administrative Exemption to the Fair Labor Standards Act The Fair Labor Standards Act provides that “no employer shall employ any employee any of his employees . . . for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half … Read More
Fourth Circuit Clarifies that an Employer/Plan Administrator/Named Fiduciary is Indeed an ERISA Fiduciary In the case of Dawson-Murdock v. National Consulting Group, Inc., an employer argued that it was not an ERISA fiduciary of its own group life insurance plan, even though the employer was designated as the “plan administrator” and “named fiduciary” in the plan documents. The United States … Read More
The North Carolina Wage and Hour Act regulates the payment of wages, disclosure of wage payment policies, and forfeiture of wages upon termination of employment. An employer who fails to pay wages when they are due may be held liable to the employee for double the amount owed and attorney’s fees. North Carolina is an Employment-at-Will State The Wage and … Read More
COBRA – Know your Rights and Avoid Being Bitten by the Snake Terminated employees generally lose their COBRA health care continuation coverage for one of two reasons: they fail to timely elect COBRA coverage within 60 days, or they fail to timely make required premium payments. The rights and obligations of COBRA qualified beneficiaries are described below. COBRA is a … Read More
The following blog, well-written by Raleigh lawyer Cullen Stafford, discusses the Supreme Court’s recent decision to grant certiorari in cases involving the issue of whether Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of an individual’s sexual orientation or gender identity. Click here for the article.