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

Tim Coffield, attorney, on the Supreme Court case of Davis v. Monroe County Bd. of Ed., 526 U.S. 629 (1999)Read More

Tim Coffield, attorney, on the Supreme Court case of Jackson v. Birmingham Board of Education.Read More

The Virginia General Contractor Wage Law (“VGCWL”) makes general contractors on construction jobs, under certain circumstances, liable for wages owed to the employees of the general’s subcontractors.Read More

Virginia’s Whistleblower Protection Law (“VWPL”) offers strong protections for Virginia workers who report unlawful practices or refuse an employer’s order to engage in unlawful practices. The law protects a wider range of conduct than that protected under Virginia’s Bowman claim jurisprudence. It covers both internal and external whistleblower activities. It allows courts to award aggrieved...Read More