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The HR Specialist: North Carolina Employment Law

There are many reasons why employers need to obtain releases of liability and of potential claims from their employees from time to time. But in some circumstances in North Carolina, it may be difficult—or even impossible—to get a valid release from an employee. Wage-and-hour claims and FMLA claims present possible traps for uninformed employers …

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Four former employees are suing Raleigh-based Golden Corral Corporation for sexual harassment they say they endured while working in a restaurant in Port Richey, Fla. The plaintiffs, two men and two women, claim they were repeatedly sexually harassed by three male workers, including an associate manager …

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Eugene Gates Jr. had worked as a meat slicer in a Charlotte grocery store for nearly 40 years when it was purchased by Compare Foods, of Freeport, N.Y. Shortly after the buyout, the company cut his hours in half and gave his shifts to a young Hispanic worker, telling Gates the company needed someone who could better relate to the store’s customers …

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If your company is sued by someone other than your own employee for an injury that occurred on your premises, it’s worth finding out if the injured person collected any money under workers’ comp. That can easily happen if the person was traveling on business. Here’s why you should check …

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Is it a sad sign of the times, or a story as old as time? David Willis, postmaster for the U.S. Postal Service in Cornelius, has been indicted for soliciting someone to murder his ex-wife so he wouldn’t have to share his pension benefits with her …

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Employers and employees alike often misunderstand North Carolina’s legal requirements concerning vacation benefits. Those misunderstandings often can become emotional and heated. The best way to avoid such disputes is to publish a clear vacation benefits policy based on a solid understanding of North Carolina law …

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Conventional wisdom says it’s best to refuse to offer any opinion when a prospective employer asks for a reference on an applicant you know may be a poor choice. But sometimes, you may feel compelled to give your counterpart at the hiring organization an honest “heads up.” Before you do, consider that the applicant may sue you if he doesn’t get the job …

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North Carolina is one of only a handful of states with a fully funded pension, according to a recent study by the Pew Center on the States, although the state’s obligations for retiree health care and other benefits is underfunded by $139 million …

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A federal appeals court has overturned a National Labor Relations Board (NLRB) decision and ruled that security personnel at the Tar Heel plant of Smithfield Foods did not mistreat employees who worked for a cleaning contractor during a November 2003 protest …

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Fairness and equal treatment are basic tenets of the HR profession. But that doesn’t mean all discipline cases merit equal punishment, even if the offenses are superficially similar. You can—and often must—punish some rule breakers more severely than others. Just make certain you can justify the differences …

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