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Employment Law

Formal FMLA rules on the books? Enforce ’em!

08/28/2009

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.

Suit claims owner of mental health service harassed women

08/28/2009

The EEOC has filed a lawsuit against Greenville-based Carter Behavior Health Services, claiming the owner continually harassed female employees.

Adopt an anti-harassment policy and plan—before workplace malice gets out of hand

08/28/2009

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.

A gentle rejection letter is fine, but document why you chose someone else

08/28/2009

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.

Employee sued and now she’s back at work? Don’t walk on eggshells for fear of retaliation

08/28/2009

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.

FMLA leave-taker slipping? Fire away, with justification

08/28/2009

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.

Prompt response key in hostile environment cases

08/28/2009

Employers that quickly respond to employee sexual harassment and hostile environment complaints cut their liability.

DOL’s blueberry farm investigation bears fruit

08/28/2009

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.

Stanley Furniture settles racial harassment suit

08/28/2009

Virginia-based Stanley Furniture has settled a racial harassment suit filed by three employees at the furniture manufacturer’s former plant in Lexington.

Health & safety: Understanding North Carolina’s OSHA law

08/28/2009

In 1970, the federal government passed the Occupational Safety and Health Act (OSHA). Then in 1973, North Carolina passed the Occupational Safety and Health Act of North Carolina (OSHANC). The North Carolina act has its own administrative and review procedures that aren’t always similar to its federal counterpart.