Complex state and local laws in the Tar Heel State can give employers the blues. Aggressive attorneys don’t stop with federal laws like FMLA, ADA and FLSA: they use state and local living-wage statutes, rural codes, plus discrimination and other laws to sue employers for sky’s-the-limit damages. This North Carolina-specific newsletter arrives monthly to help sue-proof every aspect of HR. Written in plain English, it’s your insurance policy for staying in step with current interpretations of state and local laws – and staying out of court. Learn more about HR Specialist: North Carolina Employment Law and the free report you’ll get when you subscribe...
Does your handbook include a formal policy regarding FMLA leave requests and absences? If so, make sure you stick to that policy. Bending the rules creates a slippery slope that could land you in court.
Here’s how little it takes to land a good organization in the hottest of legal waters: One verified comment by a supervisor showing that he’s against promoting or hiring minority applicants may mean a costly class-action lawsuit. The good news: You can often ferret out hidden discrimination with some simple statistical analysis.
Employers that quickly respond to employee sexual harassment and hostile environment complaints cut their liability.
Of course, employees have the right to take protected FMLA leave. But that doesn’t mean you can’t take action you already planned to take for other legitimate reasons before you found out the employee needed FMLA leave.
Employers often have many reasons for choosing one candidate over another. You should document all business-related reasons for your decision. But you don’t have to list them all in the rejection letter you send. Feel free to provide just one reason.
Do you know exactly how you should respond to a sexual or racial harassment complaint? If you don’t, now is a good time to come up with a strategy—before you have to implement it. Advice: Your plan should spell out exactly how the harassment investigation will be handled, who will handle it and what will happen if the allegations prove true.
The EEOC has filed a lawsuit against Greenville-based Carter Behavior Health Services, claiming the owner continually harassed female employees.
The U.S. Department of Labor has cited nine blueberry farms and 17 labor contractors for violations of child labor laws, the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The farms and contractors operated in Bladen and Craven counties.
Virginia-based Stanley Furniture has settled a racial harassment suit filed by three employees at the furniture manufacturer’s former plant in Lexington.
The metropolitan area encompassing North Carolina suburbs of the Virginia Beach/Norfolk/Hampton Roads region is the most centralized large employment center in the nation, according to a Brookings Institution report titled “Job Sprawl Revisited: The Changing Geography of Metropolitan Employment.”
You know it’s illegal to retaliate against an employee who returns to work after winning or settling a lawsuit against you. But that doesn’t mean management has to be afraid of her, worrying that she’ll perceive every little slight as the organization’s way of getting back at her. As the following case shows, employees can’t cry retaliation for the little stuff.
The recession’s battering of the private sector isn’t the only thing driving job applicants to consider government employment, according to a new survey by CarerBuilder.com. Job-seekers also know that government agencies are among the few employers with budgets that might go up.
If you employ seasonal labor, import employees from other countries and make payroll deductions for their equipment and transportation, you may want to hire an expert in visas and seasonal labor. That’s what saved one employer from double damages and an extra year of liability.
Employers are required to reasonably accommodate employees’ religious beliefs. That can include adjusting work hours, such as not scheduling employees to work on worship or holy days. Never punish an employee who tells you he must miss work for religious reasons unless you have considered possible accommodations.
Just heard an employee has filed an EEOC complaint against your company? Whatever you do, don’t lash out in anger! It’s one of the worst things you can do. Raising your voice, making threats or otherwise showing your displeasure are surefire recipes for more litigation.
Employers can do plenty to stop sexual harassment, but employees have obligations, too. If the company has a process for reporting co-worker sexual harassment, employees must follow it. Otherwise, they lose the right to complain. That’s why you need a sexual harassment policy that gives employees the information they need to come forward.
It happens all the time: An employee sues and the papers show up at the front desk. Unless the employee on duty knows what to do with legal documents, you may lose valuable time preparing a response. Make sure everyone knows exactly where to send legal paperwork.
When you receive an EEOC complaint, investigate what other claims the employee, applicant or former employee could potentially bring. Courts have been granting more latitude to throw additional accusations into EEOC complaints after the fact.
The EEOC has sued the New Hanover Regional Medical Center over its policy of refusing to hire people who take legally prescribed narcotics. The lawsuit alleges the policy violates the ADA because the center is regarding all employees taking prescription narcotics as disabled when they are not.
It’s tough being an HR professional during the worst recession in memory. Every day, you have to make tough decisions about pay, hours, layoffs. At least there’s good news from one North Carolina court: HR pros aren’t personally liable under Title VII for any mistake they might make while carrying out their job responsibilities.
When an alleged sexual harasser is a supervisor, employers aren’t liable if there was no tangible employment action taken—the harassed employee wasn’t fired, demoted or otherwise punished—and the harassment was stopped promptly. But it doesn’t always work out so neatly in larger organizations.
Here’s a bit of good news: Employees who believe that their co-workers have discriminated against them or harassed them on account of their protected characteristics can’t sue under both Title VII and state tort laws. That takes away one potentially expensive avenue for recovering damages.
An employee who belongs to a protected class can win a discrimination lawsuit if she shows that a similarly situated co-worker who doesn’t belong to the same protected class got more lenient treatment than she did for the same rule violation or behavior. Therefore, be prepared to show in every case that you treated all employees equally.
For the second time in a year, a North Carolina Compare Foods store has settled discrimination charges with the EEOC. As in the earlier case, this one—involving a store in Statesville—involved accusations that workers had been fired because they weren’t Hispanic.
When disgruntled applicants or former employees sue employers, they sometimes represent themselves in court. Even though such cases may lack merit, that doesn’t mean they won’t wind up costing employers big bucks to defend. But employers have a way to dissuade such pro se litigants from pursuing frivolous lawsuits.

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