The HR Specialist: North Carolina Employment Law

The EEOC’s Raleigh office has signed a Memorandum of Under­­stand­­ing with the Mexican Consulate in Raleigh, agreeing to continue “an ongoing collaborative relationship between these two entities to provide Mexi­­can nationals with information, guidance, and access to resources on the prevention of discrimination in the workplace.”

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For the second year in a row, Cary-based SAS ranked second on Fortune magazine’s list of the 100 best companies to work for. SAS was joined on the 2014 list by its Cary neighbor Kimley-Horn and Associates, a design consulting firm that came in at No. 73.

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Until now, employers covered by the FLSA faced potential double liability under the North Carolina Wage and Hour Act over unpaid overtime for workers misclassified as exempt. A recent decision makes clear that the federal FLSA takes precedence.

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When an employee complains about sexual harassment, how you handle it makes a big difference. If you ignore the complaint—or worse, blame the victim and punish her—you’re risking a laundry list of claims under federal and state laws.

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In a sign that some judges are losing patience with the way the EEOC handles employment discrimination lawsuits, a federal court has ordered sanctions against the commission.

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What should you do if you discover that a rogue supervisor is treating an employee poorly because of his race or other protected characteristic? Fix the problem fast. You don’t have to worry that the super­visor’s action will set up other lawsuits by co-workers who observed the behavior.

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Quite often, employees’ attorneys make sure supervisors are separately charged and individually liable. Cite this trend during training to instill in your managers and supervisors that they need to follow the professional advice HR provides—or else face the consequences.

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The owners of the Britthaven of Hen­­der­­son nursing facility has agreed to pay a former cook $50,000 to settle charges it refused to accommodate her disability.

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The owners of several Kentucky Fried Chicken franchises in North Carolina have agreed to settle a religious discrimination charge leveled by a former employee who claimed that wearing pants violated her Pentecostal beliefs.

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Sometimes, it’s clear from the moment that you decide to terminate an em­­ployee that she will sue. If that’s the case, a small severance payment may prevent litigation. But if you offer to settle, make sure you follow through promptly.

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