Blog Archives

Ann Groninger Wins in Fourth Circuit for Underpaid Workers

In Simmons v. United Mortgage and Loan Investment, LLC, the Fourth Circuit ruled for plaintiffs and reversed the district court in this wage and hour case.  The plaintiffs are Charlotte-based Junior Asset Managers for a mortgage company who were not paid overtime even though they worked more than 40 hours per week.  They brought claims under the Fair Labor Standards Act (FLSA) and North Carolina Wage and Hour Act (NCWHA) based on the failure to pay overtime.  The primary issue is whether the plaintiffs will be able to pursue their case as a collective and

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NC Court of Appeals Upholds Jury Verdict for Employee to Collect Earned Bonuses

Earlier this month, the North Carolina Court of Appeals issued Kornegay v. Aspen Asset Group LLC, an interesting case that raises and decides some key issues under the North Carolina Wage and Hour Act (NCWHA).  At issue was whether the employee-plaintiff had a contract that included bonus payments, and if so, whether those had to be paid to him.  Plaintiff worked for a real estate developer and claimed to have an oral (never written) contract that provided for bonus payments based on properties that he helped sell.  The primary issue was whether there was in

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Brief Filed for Underpaid Workers in FLSA Appeal to Fourth Circuit

In Simmons v. United Mortgage and Loan Investment, LLC, we have filed this opening brief with the Fourth Circuit Court of Appeals in this wage and hour case.  The plaintiffs are Charlotte-based Junior Asset Managers for a mortgage company who were not paid overtime even though they worked more than 40 hours per week.  They brought claims under the FLSA and NC Wage and Hour law based on the failure to pay overtime.  The primary issue is whether the plaintiffs will be able to pursue their case as a collective and class action on behalf

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Today’s Employment and Workers’ Compensation Decisions by the NC Court of Appeals

Hawkins v. General Electric Co.: The court mostly affirmed an award to the plaintiff based on an occupational disease, contact dermititis, that was causally related to his employment.  The court also agreed that he was disabled as long as his condition persisted. Jeffers v. D’Alessandro: The plaintiff, a former player for the Carolina Panthers, had brought suit against the Panthers and related parties regarding medical treatment he received.  The court held that his claims were preempted by Section 301 of the Labor Management Relations Act, and that the trial court was correct to compel arbitration.

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Today’s Workers’ Compensation and Employment Decisions by the NC Court of Appeals

In Panos v. Timco Engine Center, the court considered the applicability of the North Carolina Wage and Hour Act (NCWHA) to an employee who works outside of North Carolina.  Plaintiff had brought an action based on the company’s failure to pay severance as required by his employment contract.  Although the company was based in North Carolina, and the plaintiff’s employment contract specificed that North Carolina law applied, the plaintiff primarily worked in Michigan and spent at most 18 days working in North Carolina.  The most direct contact was that plaintiff participated in a daily conference

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