Nay v. Cornerstone Staffing Solutions, et al.
|February 11, 2022
|Attorney for the Case
|Amicus Brief Writers
|Michael Bertics Stewart Poisson
|NC Supreme Court
Nay v. Cornerstone concerns the proper method for calculating the average weekly wages of employees of temporary employment agencies. The Industrial Commission elected to divide the wages earned over roughly 13 weeks by 52 weeks resulting in a relatively minimal average weekly wage. The NCAJ offered amicus assistance at the Court of Appeals level.
The Court of Appeals reversed the decision of the Industrial Commission and calculated the plaintiff’s average weekly wage by dividing the wages earned by the weeks worked. Defendants filed a petition for discretionary review to the North Carolina Supreme Court which was granted. The NCAJ has also provided amicus assistance at the Supreme Court advocating for the injured workers’ wages to be divided by the actual weeks worked. Given the prevalence of temporary staffing agencies in our work force, the issues presented in this case are critical to preserving the workers compensation safety net for their employees.