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Employment Law

EEOC takes sides in ‘the pill v. the pope’ battle

09/29/2009

The EEOC has filed suit against Belmont Abbey College, a Catholic-run institution in Belmont, claiming the college’s refusal to provide coverage for birth control in its employee health plan violates the federal Pregnancy Discrimination Act.

Cherryville builder settles sex bias suit for $200K

09/29/2009

Cherryville-based R-Anell Housing has agreed to a $200,000 settlement with the EEOC after the company refused to hire female applicants. According to the EEOC, the modular home building company maintains a sex-segregated workplace that “has the effect of denying female employees equal employment opportunities.”

10 minutes well-spent: Audit your employee bulletin board

09/29/2009

Have you audited the employee bulletin board in your break room or next to your time clock recently? Have you ever done so? A little time spent seeing what’s there—and what’s missing—will keep you in compliance with North Carolina and federal laws.

We’re small; do we need an employee handbook?

09/29/2009

Q. We are a small company and do not have an employee handbook. Are we required to have one?

Can handbooks create employment contracts?

09/29/2009

Q. I have heard that an employee handbook can create a contract between the employer and the employee. Is this true? If so, can this be prevented?

Must we grant leave for employees to attend meetings at their kids’ schools?

09/29/2009

Q. Are we obligated to provide paid leave so one of our employees can attend a mandatory school meeting concerning his child?

Can we require employees to keep working despite inclement weather?

09/29/2009

Q. When there’s even a hint of bad weather, one of our employees goes home. Can we require her to work until the regular quitting time?

Try ADA process even if disability pay is option

09/28/2009

Some employees who become injured would just as soon keep working. Rather than collect temporary disability payments, they’d rather see whether they can perform another job or otherwise persuade employers to accommodate their injuries. If you face that situation, be careful not to force such employees to go out on disability.

ERISA can send contract case to federal court

09/28/2009

Employment agreements are contracts. When disputes arise, they’re typically litigated in state courts because they involve state contract laws. But under the right circumstances, the Employee Retirement Income Security Act (ERISA) may apply to the agreement, effectively making the contract a protected benefit plan.

One way to stop retaliation cases: Evenly enforce sick-leave documentation rules

09/28/2009

You shouldn’t have to worry about losing a retaliation lawsuit if you consistently follow your internal rules for seeking medical information from employees who ask for sick leave. That’s true even if the employee has already complained about discrimination, either internally or to the EEOC.