North Carolina
Two petitions from North Carolina seek to resolve pay and benefits for public employees – SCOTUSblog
Petitions of the Week
on Jul 3, 2022
at 9:50 pm
The Petitions of the Week column highlights a choice of cert petitions lately filed within the Supreme Court docket. A listing of all petitions we’re watching is offered right here.
This week, we spotlight cert petitions that ask the courtroom to contemplate, amongst different issues, whether or not two teams of North Carolina workers had been denied pay or advantages by the state in violation of a federal employment legislation and the Structure.
Emergency Medical Companies workers in Cleveland County, North Carolina, work lengthy shifts, and because of this are eligible for a mixture of “straight-time” and time beyond regulation pay beneath the Honest Labor Requirements Act. County EMS workers are salaried based mostly on an hourly charge that complies with the FLSA. In calculating that hourly charge, nevertheless, the county consists of all time labored by EMS workers, each straight-time and time beyond regulation hours. EMS worker Sara Conner sued the county in federal district courtroom, arguing that this components violates the FLSA by artificially deflating the efficient straight-time wage she was promised in her wage – recognized in employment legislation as a “gap-time” declare.
Siding with Conner and a bunch of EMS workers, the U.S. Court docket of Appeals for the 4th Circuit considered the FLSA as “silent” on the query of gap-time wages. To resolve the stalemate, the courtroom granted deference beneath Skidmore v. Swift & Co. to a regulation by the Division of Labor that reads the act within the workers’ favor. Below Skidmore deference – a extra lenient normal than the extra broadly recognized Chevron deference – courts could select, however aren’t required, to agree with an company’s affordable interpretation of an ambiguous legislation in the event that they view that interpretation as persuasive. In Cleveland County v. Conner, the county asks the justices to resolve whether or not Skidmore deference was acceptable right here, in addition to whether or not gap-time claims exist in any respect beneath the FLSA.
In Cleveland County and past, the state of North Carolina presents a number of medical-insurance plans to all retired state workers. In 2011, the state legislature amended a kind of plans to start requiring a small month-to-month premium. In doing so, it relied on a clause within the authentic statute stating that the legislature “reserves the correct to change, amend, or repeal” the well being advantages for retired workers at any time. That change triggered a lawsuit from a bunch of retired state workers, which was licensed as a category motion on behalf of the greater than 220,000 former staff who might have signed up for the beforehand premium-free plan.
The North Carolina Supreme Court docket dominated for the workers. The contracts clause in Article I, Part 10 of the Structure gives that “No State shall … go any … Legislation impairing the Obligation of Contracts.” Though the right-to-amend clause signifies that the legislature by no means meant to determine a “contract” with retired state workers for well being advantages, the courtroom held, the reliance of these former workers on the state plans however creates a contractual proper, and the state violated that proper by amending its plan. In State Well being Plan for Lecturers and State Workers v. Lake, North Carolina asks the justices to resolve whether or not a legislation with a right-to-amend clause like its personal can create a contractual proper beneath the Structure.
A listing of this week’s featured petitions is beneath:
Cleveland County, North Carolina v. Conner
21-1538
Points: (1) Whether or not the Honest Labor Requirements Act permits an worker, who has been paid at the least the required minimal wage and time beyond regulation pay at a charge that’s at the least one and one-half occasions her common charge, to sue her employer for and get well unpaid straight-time wages earned in weeks when she labored time beyond regulation; and (2) whether or not Skidmore v. Swift & Co. permits courts to independently consider an company’s nonbinding interpretation of a statute.
State Well being Plan for Lecturers and State Workers v. Lake
21-1565
Challenge: Whether or not a state legislature’s specific reservation of the correct to amend a statute offering advantages to authorities workers bars a declare beneath the Structure’s contracts clause based mostly on the legislature’s later determination to amend these advantages.
Biogen Worldwide GmbH v. Mylan Prescribed drugs Inc.
21-1567
Challenge: Whether or not 35 U.S.C. § 112’s requirement {that a} patent specification “comprise a written description of the invention” is met when the specification describes the invention, or whether or not the specification should additionally disclose knowledge that demonstrates the claimed invention is “efficient” and emphasize the claimed invention by singling it out and describing it greater than as soon as.
Spade v. Division of Justice
21-1570
Challenge: Whether or not federal courts have subject-matter jurisdiction to handle what accidents fall throughout the scope of the Federal Workers’ Compensation Act.
North Carolina
Snow drought ends: Parts of central NC gets first measurable snowfall in 2 years | Live
The North Carolina Department of Transportation gave an update Friday afternoon on its preparations and strategies for managing roadways before, during and after the winter storm.
Doug McNeal, division maintenance engineer for NCDOT’s Division 5, said NCDOT has been preparing for this during the past three days.
Division 5 covers Durham and Wake counties as well as surrounding counties up to the Virginia line.
“We’ve had about 65 salt-brine applicators out in the division. We’ve put out roughly 465,000 gallons in our division,” McNeal said.
Statewide, more than 3 million gallons have been put down.
“We’re expecting impacts across pretty much all of North Carolina. Right now, we’re transitioning to our response time,” McNeal said. “We’re starting to see a little bit of snow in the air … but it’s certainly going to get treacherous out there.”
He said 110 DOT trucks and motor graders are ready to go and an additional 150 contract trucks are loaded and staged.
“As it starts to roll in, we generally wait until you can see tracks in the road before we start taking in, applying salt,” McNeal said. “If you apply before then, it just bounces off the roads, so you need a little bit of material there to capture it but once we give it a little bit of time to activate, and we’re plowing from there.”
He said another concern with this storm is the potential for freezing rain.
“We’re seeing forecasts potentially up to a quarter-inch of ice in the area,” McNeal said.
They’ve also staged what McNeal called cut-and-shove crews.
“We’ll take and try to cut it back to the edge of the pavement and then push off everything else so that the lanes are open and then we come back after things warm up in a couple of days and clear it up from there,” he explained.
McNeal said Saturday would be a good day for people to sleep in and “enjoy that cup of coffee before you go out.”
North Carolina
North Carolina Governor Josh Stein declares state of emergency ahead of winter storm
(WGHP) — Governor Josh Stein declared a statewide state of emergency on Thursday evening ahead of a winter storm expected to sweep through the Piedmont Triad on Friday.
He is urging people across North Carolina to prepare for cold temperatures, snow and ice.
“This storm will likely bring significant impacts from snow, sleet and freezing rain in different parts of the state,” Stein said. “North Carolinians should pay close attention to their local weather forecast, make sure they are prepared with what they need at home before Friday afternoon and stay home if possible as ice on the roadways will likely create dangerous driving conditions.”
On Wednesday, Stein activated state resources to set into motion a cross-agency storm response and enable the potential of federal reimbursement if the event qualifies.
The North Carolina Department of Transportation has begun brining roads. They will work around the clock in 12-hour shifts to plow and treat snow and ice until all state-maintained roads are cleared.
“State emergency officials are monitoring the situation and are prepared to assist the counties and municipalities if needed,” NC Emergency Management Director Will Ray said. “Residents across the state should be prepared to shelter in place. If the power goes out, be sure to operate generators outside and away from open windows or doors to prevent carbon monoxide poisoning.”
North Carolina
No. 24 Cal Women Beat No. 21 North Carolina State
The 24th-ranked Cal women’s basketball team defeated a ranked opponent for the second time this season on Thursday night when the Bears knocked off No. 21 North Carolina State 78-71 at Haas Pavilion.
“I think this was one of the biggest wins for Cal women’s basketball in some time,” Cal coach Charmin Smith.
The Bears defeated then-No. 19 Alabama back on December 5 at Haas Pavilion, and on Thurday Cal beat a team that reached the Final Four last season.
Marta Suarez scored 17 points for Cal (15-2, 3-1 ACC.), and 14 of those points came in the first half when Cal took control late in the second quarter. Ioanna Krimili, Michelle Onyiah and Kayla Williams added 15 points apeice to help the Bears end the Wolfpack’s seven-game winning streak while keeping Cal unbeaten at home (11-0).
Krimili was just 6-for-18 from the the field, including 3-for-12 on three-pointers, but she hit one of the biggest shots of the game when she nailed a three-point shot with 4:57 left, 21 seconds after the Wolfpack had scored six straight points to close Cal’s nine-point lead to three points.
“She made it when we needed it, and we have a habit of doing that,” Smth said.
North Carolina State (11-4, 3-1 ACC) never got closer than four points the rest of the way and suffered its first conference loss despite 21 points from Aziaha James and 19 from Tilda Trygger.
Cal took the lead for good with 1:01 left in the third quarter, then held off every North Carolina State surge after that.
An important reason for Cal’s consistency throughout the game was the play of point guard Kayla Williams, who played all 40 minutes, shot 7-for-13 from the field and added six assists with just two turnovers while doing all the ball-handling chores and driving the lane to create opportunities for herself or others.
“I thought Williams killed us off the bounce,” North Carolina State coach Wes Moore said.
Williams may be the key to Cal’s success this season, because her strong play has come as a surprise to casual observers. She did not start any games for USC last season when she averaged 10.8 minutes, 2.6 points and 0.6 assists per game. After transferring to Cal, Williams has started every game for the Bears this season while averaging 33 minutes, 12.2 points and 4.6 assists to go along with 44.5% three-point shooting.
Thursday was the first time two top-25 women’s teams played a game at Haas Pavilion since Dec. 22, 2018, when 14th-ranked Cal lost to No. 1 UConn.
Cal led by eight points entering the fourth quarter, and the Wolfpack got as close as three points, but the Bears maintained the lead throughout. Cal had scored the final eight points of the third quarter to break away from a 52-52 tie to grab that 60-52 advantage after three quarters.
Cal held a 39-33 lead at halftime, thanks in large part to a one-minute shooting spree by Suarez. She hit three-pointers on three consecutive Cal possessions over a span of 56 seconds to cap a 16-0 Bears run that took Cal from a 22-14 deficit to a 30-22 lead with 5:22 left in the first half.
Suarez’s one-minute shooting spree seemed to change the complexion of the game. Cal never trailed after that.
“I was feeling it,” Suarez said.
Suarez was 4-for-4 from long range in the first half and had 14 points and 10 rebounds at intermission. The rest of the Cal team was just 3-for-12 on three-pointers, and Krimili was 1-for-7 from beyond the arc at halftime. Her one made three-pointer came from well behind the line with the shot clock running down.
Cal shot 44.4% from the field in the first half, while the Wolfpack made just 35.3% of its shots. Cal attempted just one free throw in the first half, and missed it.
NOTES: The top two scorers from North Carolina State’s Final Four team of last season are starters on this season’s Wolfpack squad – Aziaha James and Saniya Rivers.
Heading into Thursday’s action, Cal was averaging 10.1 made three-pointers per game, sixth-most in the country, and were making 37.8% of its three-point shots, which is 12th-best in the nation.
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