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Employment Law

Pre-Employment Testing

06/01/2010

HR Law 101: Many organizations use pre-employment tests to screen applicants. But be aware of the risks involved. Unless you can demonstrate that a test measures job-related qualities and fulfills a business necessity, you could be exposing your organization to charges of discrimination …

Professional Building Systems settles racial harassment case

05/28/2010
Mount Gilead-based Professional Building Systems will pay 12 black employees $118,000 to settle charges of racial harassment. According to the EEOC, which brokered the agreement, six workers filed the initial complaint and six more experienced the same harassment.

Bizarre, nonsensical lawsuit? Vigorous response still required

05/28/2010

It doesn’t take much to get a lawsuit started. Sometimes a former employee—or perhaps even a total stranger—will walk into the nearest state or federal courthouse and ask to fill out a complaint form. The court is required to accept it and send it on. Regardless of its apparent merit, respond aggressively to it. If you don’t act, you risk a default judgment.

Unexpected bias worry: denial of training

05/28/2010

Remind bosses that everyone who is qualified for training should have access to development opportunities, and that hand-selecting subordinates to attend training can be discrimination. Note: Be sure they understand that older employees are also entitled to training—even if it seems reasonable that they may quit or retire soon.

Set equitable system for assigning overtime–it’s an essential defense against bias claims

05/28/2010
Do you have a system that allows all employees in the same job category an equal shot at earning overtime pay? If not, consider setting up a fair system for distributing that extra work. Otherwise, you may find yourself facing a discrimination lawsuit.

Good news for employers: Workers’ comp retaliation isn’t a federal case

05/28/2010
Whenever a case moves from state court into the federal court system, costs go up and delays become frequent because dockets are so crowded. That’s one reason a recent decision by a federal court to send a case back to the North Carolina court system is good news. The case involved a workers’ compensation retaliation claim …

N.C. union membership rate fell even more in 2009

05/28/2010
According to the latest numbers from the Bureau of Labor Statistics (BLS), North Carolina lost 17,000 union jobs last year, cementing its position as the least-unionized state in the nation. Just 3.1% of North Carolinians belonged to a union in 2009, down from 3.5% in 2008.

Federal 4th Circuit: Let arbitrators arbitrate

05/28/2010
If a recent decision is any indication, the 4th Circuit Court of Appeals, which covers North Carolina employers, is willing to let arbitrators do their jobs.

Think twice before piling on worker who’s suing

05/28/2010

Employees who file EEOC complaints, hire an attorney or file a lawsuit alleging Title VII violations are protected from retaliation. If you make any sudden adverse employment decisions after the employee has engaged in those protected activities, you’re likely to face retaliation charges, too. That doesn’t mean you should never discipline or fire employees who take you to court.

Time clocks: What’s the law on rounding up, down?

05/28/2010
Q. Our time-clock software allows for a five-minute grace period at the start and end of each shift. For example, if the employee’s designated start time is 8:00 a.m. and the employee clocks in at either 7:56 a.m. or 8:04 a.m., the actual start time will be logged as 8:00 a.m. for pay purposes. Is this OK?