In Uzuegbunam v. Preczewski, 141 S.Ct. 792 (2021), the Supreme Court held that a request for nominal damages satisfies the redressability element necessary for Article III standing where a plaintiff’s claim is based on a completed violation of a legal right. The case is important because it provides a way for plaintiffs whose Constitutional rights...Read More

In Crawford v. Metropolitan Government of Nashville, 555 U.S. 271 (2009), the Supreme Court held that the protection of the opposition clause of Title VII’s antiretaliation provision extended to an employee who spoke out about sexual harassment, not on her own initiative, but in answering questions during employer’s investigation of coworker’s complaints. Statutory Background Title...Read More

Similar to the federal False Claims Act (FCA), 31 U.S.C. §§ 3729 – 3733, which protects federal whistleblowers, the Virginia Fraud Against Taxpayers Act (VFATA), Va. Code § 8.01–216.1 et seq., rewards and protects employees and other individuals who report activities that defraud the state government.  In a nutshell, the VFATA provides that any person...Read More

The False Claims Act (FCA), 31 U.S.C. §§ 3729 – 3733, provides that any person who knowingly submits false claims to the government is liable for triple the government’s damages plus penalties for each false claim. In addition to allowing the federal government to pursue those who submit false claims, the FCA allows private citizens...Read More

In Brooklyn Savings Bank v. O’Neill, 324 U.S. 697 (1945), the Court made clear that an employee cannot enter into a contract releasing minimum wage or overtime pay rights under the Fair Labor Standards Act unless the release is approved by a court or the Department of Labor. The case is important because it confirms...Read More

In Hoffmann-La Roche v. Sperling, 493 U.S. 165 (1989), the Supreme Court held that under the collective action provision of the Fair Labor Standards Act, District Courts have discretion in Age Discrimination in Employment Act cases to facilitate judicial notice to potential plaintiffs with similar claims, giving them the opportunity to join the case. To...Read More

The North Carolina Equal Employment Practices Act (NCEEPA) prohibits employment discrimination based on race, color, national origin, religion, age, sex, or handicap.  The law is codified at N.C. Gen. Stat. Ann. §§ 143-422.1 to 143-422.3. The NCEEPA applies to employers who regularly employ 15 or more employees. While the statute does not provide a private...Read More

In Alexander v. Sandoval, 532 U.S. 275 (2001), the Supreme Court held that a regulation promulgated by the Department of Justice did not create a private right of action for disparate impact discrimination under Title VI of the Civil Rights Act of 1964.  Sandoval addressed the question of whether assumedly valid regulations under § 602...Read More

The North Carolina Wage and Hour Act (NCWHA) governs the state-level wage and hour requirements for North Carolina employers and the corresponding rights of covered employees. The law includes requirements for minimum wages, overtime compensation, wage payments, payments of promised wages and benefits, youth employment, and recordkeeping. The law is codified at N.C. Gen. Stat....Read More

Tim Coffield, attorney, on Title IX of the Education Amendments of 1972.Read More