United States Fourth Circuit

In an action brought by former and current employees for the payment of unpaid wages and alleging retaliation by defendant for instituting workers' compensation proceedings, judgment in favor of 16 plaintiff-employees on the South Carolina Wages Act claims, and judgment in favor of 8 plaintiff-employees on the retaliation claims are: 1) reversed in part on the S.C. Wages Act claims, where those claims were preempted by section 301 of the Labor Management Relations Act and should have been dismissed; 2) reversed in part on the retaliation claims as to 6 employees because they failed to present evidence satisfying the governing legal standards for recovery under state law; and 3) affirmed in part on the retaliation claims as to the remaining two employees.

Appellate Information

• Decided 03/11/2014
• Published 03/11/2014

Judges

• NIEMEYER

Court

• United States Fourth Circuit

Counsel