NorthCarolinaLaw

www.edelsteinpayne.com NC Court of Appeals: A Recent Look at the "Last Clear Chance" to Prevent Calamity Originally Posted by Sean Cecil Oct 26, 2015 (0 Comments) In personal injury law, liability is usually determined by establishing who was at fault for the injury. Personal Injury cases, also often referred to as Torts, are generally based on allegations of either intentional or negligent conduct. In most states, negligent behavior that causes injury creates liability for the injury .  Contributory Negligence North Carolina, however, adheres to the "contributory negligence" doctrine, meaning that a plaintiff whose own negligence (failure to exercise due care for his own safety) contributed to his injury should not recover any damages for the injury. This is true even in a situation where the defendant is 90% at fault! The theory behind the policy is that the injury would not have happened absent the plaintiff's contribution, so the o...

www.edelsteinpayne.com Supreme Court Confirms that Pregnancy Discrimination Act Prohibits Pregnancy-based Discrimination Originally Posted by Sean Cecil Mar 26, 2015 (0 Comments) Back in 1976 the nine men on the United States Supreme Court in   Gilbert v. General Electric   basically said that pregnancy was not sex-related. That case addressed the issue of discriminatory treatment of a pregnant woman worker under the laws prohibiting sex discrimination, Title VII of the Civil Rights Act of 1964. A year later, to correct the ruling in   Gilbert , Congress amended Title VII with what is known as the Pregnancy Discrimination Act. Yesterday the United States Supreme Court ruled in favor of worker Peggy Young in her Pregnancy Discrimination lawsuit against United Parcel Service. Young, a UPS driver, was limited by doctor's orders to lifting less than 20lbs because of her pregnancy. Her job description required that she be able t...

www.edelsteinpayne.com Federal Judge Refuses Slower Phase-in of $15 Minimum Wage for Franchisees Originally Posted by Sean Cecil  Mar 18, 2015 (0 Comments) A franchisee trade group sued the City of Seattle and demanded an injunction preventing the City from classifying them as "large businesses" under the City's $15 Minimum Wage ordinance which provides for different phase-in schedules based upon business size. The businesses sought a court order to enjoin the classification while the case is pending in the Western District of Washington, but the motion was denied by Judge Richard Jones yesterday in a 44-page memorandum opinion in   International Franchise Association, Inc. v. City of Seattle , Case no. C14-848 RAJ.  A preliminary injunction is an extraordinary remedy, and must be supported by a finding that the requesting party is likely to succeed on the merits of the case and would suffer irreparable harm if the injunction is denied, the balance of equ...

www.edelsteinpayne.com Am I Covered Under the Family and Medical Leave Act? (Re-Posted by Sean Cecil on Mar 11, 2015) (0 Comments)  (Originally posted by Vanessa Lucas) The FMLA entitles eligible employees of covered employers to take up to twelve weeks of unpaid, job-protected leave in a twelve month period for any of the following reasons:  - Birth of a child and to care for the newborn child within one year of birth;  - Placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;  - To care for the employee's spouse, child, or parent who has a serious health condition; - Employee's own serious health condition that makes the employee unable to perform his or her job; - Any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on “covered active duty;” - An employee can qualify for up to...

www.edelsteinpayne.com Federal medical marijuana legislation to be introduced today Originally Posted by Sean Cecil Mar 10, 2015 (0 Comments) Monumental proposed federal legislation is about to be introduced in the United States Senate today. Sens. Rand Paul (KY), Cory Booker (NJ), and Kirsten Gillibrand (NY) are set to announce the introduction of the Compassionate Access, Research Expansion, and States' Rights (CARERS) Act. This is the first time a bill that would make medical marijuana legal under federal law has been introducted in the Senate.  According to the Marijuana Policy Project, the bill would make production, distribution, and possession of marijuana (cannabis) for medical purposes that are legal under state law also legal under federal law. The proposed legislation would also remove barriers to scientific research (by moving marijuana from schedule I to schedule II), allow VA doctors to recommend medical marijuana, allow interstate transportation of CBD o...

www.edelsteinpayne.com Am I required to accept other employment under the North Carolina Workers' Compensation Act if I can not return to work? Originally Posted by Sean Cecil Mar 05, 2015 (0 Comments) Two issues that often arise for an injured worker who is unable to return to his or her old job include temporary "make work" and, for a worker who is expected to never be able to perform the pre-injury job, "suitable employment". This article discusses what these terms mean under the modern North Carolina Workers' Compensation Act, and how they apply.  Make Work While recovering from work-related injury, many employers will put an injured worker in a light duty “make work” position. That is probably acceptable under the workers' comp law, and if you refuse to do the “make work” job, you may be fired and also be denied your weekly comp benefits. Once you have completed the healing period and your doctor says that you are at maximum me...

www.edelsteinpayne.com What should I do to protect my claim for workers compensation benefits in North Carolina? Originally Posted by Sean Cecil Mar 05, 2015 (0 Comments) An on the job injury can be a seriously disruptive event.The majority of such injuries are relatively minor and uncontroversial; it is the processing of major injuries that most involve disputes over the length and extent of benefits coverage. This article is intended to help an injured worker understand the requirements for initiating a North Carolina Workers' Comp claim, as well as tips for ensuring the worker obtains the maximum benefits available. As always, this type of information can not substitute for an individualized consultation, and injured workers are urged to schedule a meeting with experienced legal counsel to discuss the specifics of their situation.   Notify the Employer Initiating a workers compensation claim in North Carolina is relatively simple. The Workers Compensation Act s...