Earlier this month, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) vacated the district court’s grant of summary judgment for the employer in Wannamaker-Amos v. Purem Novi...more
Determining whether an employee is exempt under the Fair Labor Standards Act (FLSA) has rarely been simple. A new decision from the U.S. Supreme Court provides much-needed clarity for employers....more
1/24/2025
/ Burden of Proof ,
Department of Labor (DOL) ,
EMD Sales Inc v Carrera ,
Employee Rights ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Preponderance of the Evidence ,
SCOTUS ,
Standard of Proof ,
Wage and Hour
A few months ago, we published an alert noting that the U.S. Supreme Court had agreed to hear Ames v. Ohio Department of Youth Services. The case addresses whether plaintiffs alleging reverse discrimination under Title VII...more
1/17/2025
/ Appeals ,
Civil Rights Act ,
Corporate Counsel ,
Discrimination ,
Employees ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Evidentiary Standards ,
Reverse Discrimination ,
SCOTUS ,
Title VII
In Zanetich v. Walmart Stores East Inc., the Third Circuit Court of Appeals held that a job applicant could not bring a claim against Walmart under New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace...more
On May 17, the United States District Court for the Middle District of North Carolina made a significant ruling in Phillips v. Wolfspeed, Inc., where a former employee’s claims of pregnancy discrimination and retaliation were...more
On April 18, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, Maryland, West Virginia, and Virginia) affirmed a lower court’s grant of summary judgment to an employer and confirmed the...more
On October 4, the Fourth Circuit Court of Appeals (which includes Maryland, Virginia, West Virginia, North Carolina, and South Carolina) affirmed a lower court’s grant of summary judgment to an employer, in part, based...more
On August 15 in Roberts v. Gestamp W. Va., LLC, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) concluded that a jury must decide whether an employee’s Facebook message to his...more
In October 2021, a California federal jury awarded $137 million to a former contract employee who worked for Tesla. The jury found Tesla liable for creating a racially hostile work environment and awarded the employee $6.9...more
In order for an employee to allege a recognizable claim of employment discrimination under Title VII, he or she must claim that they suffered an “adverse employment action.” This term means some negative consequence resulting...more
On October 4, a California federal jury awarded $137 million to a former contract employee who worked for Tesla. At trial, the plaintiff testified that he was repeatedly called the N-word while at work, regularly heard racial...more
10/8/2021
/ Corporate Counsel ,
Employment Litigation ,
Harassment ,
Hostile Environment ,
Internal Investigations ,
Jury Verdicts ,
Policies and Procedures ,
Race Relations ,
Racist Remarks ,
Slurs ,
Tesla