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Tag Archives: Labor & Employment

Administrative – Labor & Employment – Dentist’s License – Probationary Conditions – Felony Conviction (access required)

Hurst v. South Carolina Department of Labor, Licensing & Regulation Where the petitioner-dentist pled guilty to a felony – committing a lewd act upon a child under sixteen – the S.C. Board of Dentistry had discretion to take any “reasonable action short of revocation or suspension” pursuant to S.C. Code Ann. § 40-15-200. Because refusing to terminate the probationary conditions on petitioner’s dental license was such an action, the Board did not act arbitrarily.

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Civil Practice – Federal Jurisdiction – Removal – Diversity – Turkish National – Labor & Employment (access required)

Sonoco Products Co. v. Guven Even though the Turkish defendant accepted a job in South Carolina and listed an S.C. address on an application to renew his re-entry permit, since defendant was not domiciled in South Carolina when this lawsuit was filed, there is diversity of citizenship between the parties.

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Tort/Negligence – Negligent Misrepresentation – Labor & Employment – Wrongful Termination (access required)

Hand v. SunTrust Bank, Inc. Plaintiff was fired from her job as assistant branch manager for servicing the business account of a company for which she performed part-time work. Plaintiff alleges her supervisors at the defendant-bank engaged in negligent misrepresentation when they directed her to service the account.

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Labor & Employment – FLSA – Civil Practice – Collective Action – Conditional Class Certification (access required)

MacGregor v. Farmers Insurance Exchange Based on limited discovery – and thus subject to an intermediate level of scrutiny – plaintiffs have successfully defined a class of property claim representatives (PCRs) who were allegedly subject to unwritten policies implemented by defendant’s Atlanta Zone Branch Manager to violate defendant’s overtime policy by discouraging PCRs from accurately reporting their hours.

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Labor & Employment – Contract – Confidentiality & Holdover Agreements – Inventor – Intellectual Property (access required)

Milliken & Co. v. Morin In an employment contract, a confidentiality agreement and an assignment of inventions do not restrain trade; therefore, they are not strictly construed against the employer. In this case, the confidentiality agreement and patent assignment are reasonable and enforceable.

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Civil Practice – Offer of Judgment – Mootness – Insufficient – Class Action Certification – Unmanageable – Labor & Employment – FLSA – Overtime Pay (access required)

Pelczynski v. Orange Lake Country Club, Inc. Although an offer of judgment under Fed. R. Civ. P. 68(a) that clearly meets the demands of a plaintiff will moot a case and ultimately require dismissal, since the parties dispute the amount of hours worked by plaintiffs, defendant’s unilateral calculation of the amounts set out in its offer of judgment does not clearly meet plaintiffs’ demands.

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Labor & Employment – Tort/Negligence – CFAA – Authorized Computer Access – Unauthorized Use (access required)

WEC Carolina Energy Solutions LLC v. Miller If an employee is authorized to access information on his employer’s computer, that employee’s misuse of the information is not a violation of the Computer Fraud and Abuse Act. We affirm the district court’s dismissal of plaintiff’s claim under the CFAA.

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Labor & Employment – LMRA – Preemption – Exhaustion of Grievance Procedures – Post-Trial Motions (access required)

Atkinson v. House of Raeford Farms, Inc. Where the collective bargaining agreement (CBA) does not address the matters at issue – paid breaks or the method by which employees’ work hours were to be calculated – the plaintiff-employees’ right to compensation is not subject to the court’s interpretation of the language of the CBA.

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