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Employment Law

Is biggest-ever wage bias case headed to Supreme Court?

08/31/2010
The Supreme Court may rule on the pay discrimination lawsuit everyone is watching. Walmart has asked the High Court to overturn a 9th Circuit Court of Appeals ruling in April that allowed a class-action suit alleging widespread discrimination against women to proceed. At stake: $1 billion or more.

Can employees also be independent contractors at the same company?

08/31/2010
Q. “Are there any legal issues with having some of our full-time permanent employees also having contracts to do subcontractor work (1099) for the same place they are employed?” — S.M., Wisconsin

Employee called to jury duty? Different leave rules apply for federal, state courts

08/31/2010

The Jury Systems Improvement Act, a federal law, says employers can be held liable for terminating or intimidating employees because of their service on a federal jury. Most states also set their own rules regarding employee leave for state and local jury duty. Bottom line: Draft a policy that explains leave protections for jury service in both federal and state courts.

After FMLA leave, you can require workers to provide back-to-work fitness certification

08/31/2010
Many employers have a standard policy that requires employees returning from sick leave to prove that they’re fit for work. If you have such a policy—and you apply it consistently—you can also require employees who use FMLA leave to provide the same certifications.

EEOC sues Safelite Glass for sexual harassment

08/27/2010
Safelite Glass’ windshield replacement operation in Enfield faces charges it failed to stop an HR manager from sexually harassing a female employee.

Santa hat leads to lawsuit against Raleigh Belk store

08/27/2010
A Jehovah’s Witness was fired from her job at a Belk department store in Raleigh after she refused to wear a Santa hat while wrapping Christmas gifts. She told her supervisors that wearing the Santa hat would violate her religious beliefs. The EEOC asserts Belk violated Title VII of the Civil Rights Act by refusing to accommodate her religious beliefs.

Lawsuit: Trucking firm owner harassed, then retaliated

08/27/2010
The EEOC has filed sexual harassment and retaliatory discharge complaints against Mount Airy-based Mountain River Trucking after what an employee says was nearly daily sexual harassment by the company’s owner.

Upside of unions: No suing for wrongful termination

08/27/2010
In North Carolina, union employees have to use their contracts to pursue claims they were unfairly fired. They can’t do what at-will employees can do—sue for wrongful termination.

If you discover wrongdoing after the fact, you can use it in court to justify termination

08/27/2010

Sometimes, you don’t know how lousy an employee was until he or she is gone. That may be when you find out about missing work, or even missing money. Or you may discover that the employee was essentially dishonest. If that’s the fact, promptly document what you discovered—just in case there is a later lawsuit.

Do you have employees covered by USERRA? Warning: You could be personally liable for bias

08/27/2010
Managers, supervisors and HR professionals, beware: Courts are cracking down on employers that punish employees who serve in the military. One way is by clarifying that those who participate in hiring and firing decisions may be held personally liable for violating USERRA.