• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

OK to transfer without fear of retaliation suit—if new job is substantially similar

03/30/2009

Ever since 2006, when the U.S. Supreme Court’s Burlington Northern and Santa Fe Railroad Co. v. White decision made it easier to prove retaliation, employees are trying to push the envelope on what constitutes retaliation. Slowly, employers are getting answers.

Seek attorney’s help to draft noncompete agreement

03/30/2009

What’s worse than not having a noncompete agreement? One that doesn’t meet North Carolina’s strict requirements—and gets tossed out of court. Avoid this problem by having a North Carolina attorney draft agreements.

Courts crack down on workers’ comp for minor injuries

03/30/2009

It used to be that an employee who continued to suffer any pain following a work-related injury could continue receiving workers’ compensation payments until she was fully healed. Now, however, Industrial Commission judges are getting tougher on pain that isn’t backed up by medical evidence. That’s good news …

Wal-Mart settles drivers’ race bias suit for $17.5 million

03/30/2009

Wal-Mart wasn’t wearing its smiley face when it agreed to pay a class of African-American truck driver applicants $17.5 million in a race discrimination suit. The drivers alleged Wal-Mart failed to hire and promote black drivers in proportion to the number who applied.

Are we liable if worker wrecks during commute?

03/30/2009

Q. We have had some bad weather lately. Is our company liable if an employee has a wreck on the way to work?

May we supplement unemployment comp benefits for temporarily laid-off workers?

03/30/2009

Q. We need to temporarily lay off some employees. It will be hard for them to make it on the amount of unemployment benefits. Can we supplement their unemployment benefits without interfering with the unemployment benefits?

If we supplement unemployment comp benefits, must we pay FICA/FUTA on it?

03/30/2009

Q. If we have a Supplemental Unemployment Pay Plan to supplement unemployment benefits, do the company and the employee have to pay FICA and FUTA taxes on the supplemental pay?

Does North Carolina have a mini-COBRA law?

03/30/2009

Q. Our company employs fewer than 20 employees, so federal COBRA does not apply to us. Is there a state law that allows continued health care coverage following termination of employment?

Is there a state health continuation subsidy?

03/30/2009

Q. Is North Carolina providing a subsidy for health care continuation for employers with fewer than 20 employees similar to the federal subsidy contained in the new economic stimulus law?

BK hands over $85,000 after boss seeks sex from teen worker

03/30/2009

A Clemmons Burger King is the latest fish caught in the EEOC’s teen sexual harassment net. Burger King will pay $85,000 to a teenage employee who was subject to unwanted touching, sexual advances and requests for sexual favors from the store’s general manager.