Employment Cases
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Employment

New YorkEmploymentInsurance CoveragePersonal Injury & Tort
Appellate Division, Third Department
Uncategorized

Newland v. County Waste — Waste Facility Owner Owes Duty to Subcontractor Driver; Insurance Breach Confirmed

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The Third Department held that a waste facility owner who loaded trailers before a subcontractor’s driver arrived owed that driver a duty of care, confirmed the subcontractor breached its insurance obligation by naming the wrong entity as additional insured, and awarded conditional contractual indemnification.

PennsylvaniaArbitrationEmploymentLabor Law
Commonwealth Court of Pennsylvania
Uncategorized

Freeport Area School District v. Freeport Education Association — Commonwealth Court Reinstates Arbitration Award on Teacher’s Right to Decline FMLA Designation

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The Commonwealth Court reversed a trial court order vacating an arbitration award and reinstated the award in favor of a teachers’ union, holding that where a CBA incorporates FMLA and the applicable FMLA rule is not subject to well-established case law or clear precedent, judicial review is limited to the deferential essence test — and the arbitrator’s conclusion that a school district could not unilaterally designate an employee’s absence as FMLA leave was rationally derived from the CBA.

PennsylvaniaEmploymentWorkers Compensation
Commonwealth Court of Pennsylvania
Uncategorized

Giant Eagle v. Baker — Brevity of a Mandatory 15-Minute Break Keeps Injured Worker Within Course of Employment

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The Commonwealth Court of Pennsylvania, sitting en banc, affirmed a workers’ compensation award in a 4-3 decision, holding that a pharmacy tech struck by a vehicle while crossing the street during a mandatory 15-minute break was in the course of employment—because the break’s brevity diminished the autonomy it conferred and left her time only for an act of ministration. The majority recast Pennsylvania’s personal comfort doctrine as a continuum of factors rather than a binary formal/informal distinction, a reading three dissenters characterized as abandoning over a century of settled precedent.

North CarolinaContract InterpretationEmployment
North Carolina Court of Appeals
Uncategorized

Sepanski v. Ashleigh Fisher Consulting — ‘Monthly Retainer Fee’ Means Payment for Work Completed, Not Availability During Notice Period

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The North Carolina Court of Appeals reversed a $26,633 summary judgment for a consultant who claimed she was owed two months of “monthly retainer fees” during a sixty-day notice period in which she performed no work. Reading the contract as a whole, the court held that “retainer fee” does not mean availability payment; the early-termination clause—which conditioned payment on “work completed through the end of the notice period”—controlled. Because the consultant performed no work after termination, Fisher Consulting owed nothing. Summary judgment for the defendant was ordered on remand.

North CarolinaContract InterpretationEmployment
North Carolina Court of Appeals
Uncategorized

Se. Reg’l Physician Servs. v. Scott — Non-Compete Barring Any ‘Practice of Medicine’ Is Overbroad and Cannot Be Blue-Penciled

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The North Carolina Court of Appeals affirmed the invalidation of non-compete agreements barring two nurse practitioners from “engaging in the practice of Medicine” for one year within Robeson County and a 35-mile radius. Writing for the majority, Judge Griffin held the covenants overbroad in their terms despite reasonable time and geographic limits, void against public policy, and not salvageable through blue-penciling under North Carolina’s strict severance doctrine. The 2–1 decision—Chief Judge Dillon dissenting—clarifies that healthcare non-competes must track the specific work performed, not broadly prohibit all medical practice.

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