Q. In an effort to avoid laying off employees in this tough economy, our company has decided to temporarily reduce everyone’s work hours to 35 hours per week. May we?

Q. My company, a North Carolina corporation, has only four employees, all of whom are equal shareholders. We don’t have employment contracts. May three of us decide to terminate the employment of the other, a 25% shareholder?

Q. My company has about 80 employees spread among four stores in Charlotte and upstate South Carolina. Business is rebounding, and we expect 10 to 15 new hires in the next few months. Proposed changes in immigration laws are often in the news. Is there anything new I should know?

Cell phones, BlackBerries, iPods, iPhones and GPS devices—even laptop computers—all offer important travel information and productive work connectivity for employees on the go. But using those devices while operating a vehicle is also dangerous. That’s why North Carolina recently passed a law, effective Dec. 1, making it unlawful for a person operating a motor vehicle to send text or e-mail messages while the vehicle is in motion.

Q. We need to fire an employee who has an employment contract that limits termination without notice to “for cause” events. Must we abide by this provision if another provision in the contract clearly indicates that his employment is “at will” only?

Q. A former employee is demanding pay for her unused vacation and sick leave. Must we pay her?

Q. The employment and noncompete agreements we have with our salespeople are several years old and appear outdated to me. May I require everyone to sign new, updated agreements?

Employers enter a legal minefield when they inquire about the health of applicants or employees. State and federal laws—such as the North Carolina Workers’ Compensation Act (WCA), the ADA and the FMLA—overlap, and any misstep can cause a litigation explosion.

Barely two months into the 2009-2010 session, the North Carolina General Assembly has already introduced a profusion of employment-related bills. Employers should keep a watchful eye on several bills that already appear to have strong support this new legislative year.

Q. We are downsizing and letting go a long-time employee. We want to help her out by giving her a severance package. What should we consider?

Q. Payroll taxes are hurting our bottom line. May I convert part-time bookkeepers to "1099" employees?

Q. We’re closing our doors and firing all of our employees. As president, I am considering not paying my employees their final paychecks, even though they have earned that pay. Is this a risk?

North Carolina, like many states, recognizes that employees owe a certain level of duty to their employers. However, the North Carolina Supreme Court has specifically rejected any independent liability for breaching such duty.

Q. A former employee has contacted our HR manager demanding a copy of her personnel file. Must we make this available?

Q. Our facility shuts down for two weeks at the end of the year, and we send most employees home without pay during that time. This is the only vacation time available to the employees sent home. Are those employees eligible for unemployment compensation during the furlough?

Q. I know North Carolina has a smokers’ rights law. Does this law, or any other law, prevent our company from charging smokers and nonsmokers different group health insurance premiums?

Q. Several employees at our manufacturing facility on the coast are volunteer firefighters and medics. What obligations do we have to those employees who have to miss work to respond to a hurricane or other emergencies?

Q. What can or can’t we say about a lousy former employee?

Stories of immigration raids and heavy fines are as close as the nearest newspaper. But at the street level, North Carolina employers know they may be caught in the crossfire as federal and state governments increase efforts to weed out illegal and undocumented workers. Although federal law primarily governs immigration issues, North Carolina and some other states are considering implementing employment verification requirements of their own ...

Q. May I treat as being on FMLA leave an employee who is absent with an injury covered by workers’ compensation? ...

Q. I have an employee in my department who was involved in a fight at work. He has asked to be allowed to resign rather than be terminated. I like this guy. Should I let him do this? ...

Q. We have a company policy forbidding unauthorized overtime in a workweek. May I refuse to pay overtime to an employee who works overtime without authorization? ...

Q. My company accidentally overpaid two employees last pay period. How may we recoup that overpayment? ...

Q. While a manager at one of our locations was on vacation, we performed an audit of her books and discovered that she had written unauthorized checks to herself totaling $25,000. We intend to confront her and terminate her. What else should we do? ...

Under the North Carolina unemployment insurance tax law, employers pay a quarterly tax based on a percentage of their payroll. Most newly liable or startup employers are assigned the standard beginning tax rate of 1.2%. Problems can arise when an employer is not truly a “startup” or when two employers combine by merger or other acquisition forms ...