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North Carolina

Liability for the negligence of others: a new standard?

01/01/2008

Employers often ask: “Will I be liable if one of my independent contractors injures someone?” The short answer is, “It depends.” A recent case from the North Carolina Court of Appeals adds new considerations to the long answer …

Must we allow employee smoking breaks?

01/01/2008

Q. We have a number of employees who smoke cigarettes and want to take breaks in order to light up. Is an employee entitled to smoking breaks during the workday? …

Can disclaimers keep handbooks from becoming employment contracts?

01/01/2008

Q. Are disclaimers in employee handbooks valid in North Carolina? …

Do parents get leave for school events?

01/01/2008

Q. We have several employees who have children in school and sometimes want to leave work early to attend recitals, sports events and other school activities. Are employees who are parents entitled to a leave time to attend their children’s school activities? …

FMLA leave for small employers

01/01/2008

Q. If an employer is not covered by the FMLA, is the employee entitled to leave time for the birth of a child, the employee’s serious medical condition or the serious medical condition of a family member? …

Train managers: Don’t tell customers why employee was fired

12/01/2007

Some things are better left unsaid. That’s especially true when it comes to telling customers and others outside the company why someone was fired—especially if the reason involves dishonesty. Spilling the beans can lead to a slander lawsuit, which can cost your organization time and money even if you ultimately win …

If layoff decision affects only a few, no notice necessary

12/01/2007

The Worker Adjustment and Retraining Notification Act (WARN) requires employers to notify workers of a mass layoff if the affected site has at least 50 employees. But the U.S. Labor Department regulations interpreting WARN specify that employees in the field belong to the office they report to. What happens, then, when a regional office employs just a handful of workers? …

HR pros, take note: Doing your job isn’t ‘Protected activity’

12/01/2007

Employees whose jobs involve telling their employers that they may be violating laws aren’t necessarily protected from retaliation under North Carolina law or under the federal Title VII—if the reporting concerns areas covered by the Civil Rights Act or the Fair Labor Standards Act …

OK to consider ambition when selecting who goes, who stays

12/01/2007

If your company’s business strategy includes promotion from within and constant innovation, unambitious employees may serve as poor role models. You may, in fact, want to ease them out in favor of new employees. Before you do, consider ways to light a fire under the feet of complacent employees. Here’s why this is crucial …

No time for WARN notice? You can continue paying instead

12/01/2007

Congress passed the Worker Adjustment and Retraining Notification Act (WARN) to give employees time to adjust to an imminent plant shutdown and prepare for unemployment. Covered employers are required to give employees 60 days’ notice before shutting down operations. Good news: The 4th Circuit Court of Appeals has ruled that not giving WARN notice is fine—as long as the company continues to pay …