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Employment Law

Vandalism isn’t always employer’s responsibility

03/07/2014
Here’s an important reminder that employers aren’t responsible for pre­­venting every ugly workplace incident. Just because someone vandalizes an employee’s property doesn’t mean you will be liable for creating a hostile work environment.

No double liability for state, federal classification claims

03/07/2014

Until now, employers covered by the FLSA faced potential double liability under the North Carolina Wage and Hour Act over unpaid overtime for workers misclassified as exempt. A recent decision makes clear that the federal FLSA takes precedence.

Employee doesn’t have to be a minority to file a racial harassment complaint

03/07/2014
When nasty racial words are tossed around in a workplace, you may think the target of those words is the only person who can sue for racial harassment. Not true. It’s not necessary for someone to have protected status to complain about harassment or discrimination.

A liability ‘gift that keeps on giving’: The hostile environment you thought you fixed

03/07/2014
You may think that time is on your side after you tackled hostility in the workplace. But that isn’t always the case. For example, firing an employee who had to work in a hostile work environment for years may still mean liability, even if you recently cleaned up the workplace.

Multitasking doesn’t destroy exempt status when managers must do hands-on work

03/07/2014
Salaried retail managers often have to step in and perform nonmanagement tasks. The fact that they do some of the same things that hourly employees do doesn’t mean they aren’t exempt under the FLSA—as long as they are also managing at the same time.

Deadly duo: Harassment followed by retaliation

03/07/2014
When an employee complains about sexual harassment, how you handle it makes a big difference. If you ignore the complaint—or worse, blame the victim and punish her—you’re risking a laundry list of claims under federal and state laws.

Must we offer FMLA if person can no longer do the job?

03/07/2014
Q. One of our truck drivers just had a bypass operation and now has a defibrillator, which means, according to the DOT, he can no longer drive a truck. Do we still need to give this driver 12 weeks of FMLA time since he will never be able to return to work?

What employment protections do military reservists and veterans enjoy?

03/06/2014
Q. Are active duty military and veterans considered a protected class?

How are layoffs supposed to be handled when someone buys my business?

03/06/2014
Q. Do I have to follow the WARN Act if someone buys my business?

Supreme Court rules on ‘donning & doffing’ in union shops

03/06/2014
The U.S. Supreme Court’s unanimous interpretation on Jan. 27 of the meaning of “changing clothes” in the FLSA is significant for unionized ­­employers in industries in which workers must change clothes to begin and end their work shifts.