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The HR Specialist: North Carolina Employment Law

Sometimes, an employee isn’t a good fit for a particular job assignment and becomes frustrated that things aren’t working out. Employers that transfer such an employee with the genuine intent to give her a fresh start in another department probably won’t run into legal hot water.

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It can happen at the best of companies: You discover that a careless supervisor or manager made some comments that might be interpreted as prejudiced. When that happens, you know to discipline that employee. But what do you do when the employee who was the target of the comments is up for promotion?

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Nothing—not even a sexual harassment suit or EEOC investigation—will consume as much of your time as a class-action overtime lawsuit. Your best bet: Thoroughly review your pay practices to make sure you aren’t making any wage-and-hour mistakes. Do that before the litigation hits.

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The 4th Circuit Court of Appeals, which covers North Carolina employers, has issued a no-nonsense opinion full of common sense: Employees can’t bring an employment discrimination lawsuit because they didn’t get a job that doesn’t exist or for which applicants aren’t being sought.

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Two companies headquartered in North Carolina have made Fortune magazine’s 2009 “100 Best Companies to Work For” list. The two, both headquartered in Cary, are engineering firm Kimley-Horn & Associates and software giant SAS.

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Employers that ignore their employees’ sexual harassment pleas—beware. Not only may you be liable under Title VII, but you may be liable under state law, too. And that can mean huge damage awards far beyond federal caps.

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In 2004, two men were fixing a pump at a plant when one of them complained of being hot and not feeling well. The other man took him to his car and returned to work on the pump. When he checked on the ill man 45 minutes later, he found him slumped over the wheel. He had died.

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Enough doom and gloom already! Here’s a feel-good story! Sure, the AIG bonus debacle has soured the financial world on retention bonuses, but one company is still offering stick-around cash. To be precise, Wells Fargo is paying a bonus to keep one particular employee.

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The 4th Circuit Court of Appeals has upheld a verdict of more than $1 million in an FMLA intermittent leave case involving a foreign adoption. The sad fact is that the employer could have avoided the entire problem by studying up on intermittent leave and adoption.

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