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North Carolina

Pay correct, timely wages in NC or risk double damages

10/01/2007

North Carolina’s Wage and Hour Act says that if you fail to pay workers what they’re due, they can sue for those unpaid (or late) wages, plus a penalty of double what was due. Your only defense to double damages: proof that you acted in good faith and reasonably—a tough task …

NC officials launch 40% more wage investigations since 2003

10/01/2007

State examiners looking into wage-and-hour violations at North Carolina businesses opened 7,665 investigations in 2006. That’s an 18% increase over the previous year and a nearly 40% increase from 2003 investigation levels, according to the North Carolina Labor Department’s 2006 annual report …

Citigroup to pay $15 million for misleading retirement pitch

10/01/2007

The National Association of Securities Dealers (NASD) fined Citigroup Global Markets Inc. $3 million to settle charges of using misleading sales materials during retirement seminars for BellSouth employees in North Carolina and South Carolina. NASD also ordered Citigroup to pay $12.2 million in restitution, and it suspended three brokers who conducted the seminars …

To avoid safety violations, know NC’s top targets

10/01/2007

Last year, the North Carolina Department of Labor’s Occupational Safety and Health Division found more than 9,000 serious violations at nearly 5,000 workplaces. Here are the 10 most frequently cited serious violations in private-sector general industry, followed by the specific OSHA standard …

How to provide religious accommodations in NC workplaces

10/01/2007

North Carolina mirrors America’s growing diversity in many ways. Today, mosques occupy old churches, co-workers wear burqas and yarmulkes, and some employees request “prayer breaks.” Religious diversity is a reason for celebration, but it also presents challenges in the workplace …

How soon must NC employers pay final checks?

10/01/2007

Q. We have an employee whom we fired on a Monday and we paid him his final check on the next regular payday (the following Friday). He said we legally had to issue his final check within 48 hours of the firing. Is that true?—M.D. …

Drug testing: Minimize lawsuit risk with smart policy

09/01/2007

You have the right to demand a drug-free workplace, but employees also have reasonable rights to privacy. That’s why drug testing and substance-abuse prevention programs carry big-time legal risks if they’re not managed properly. Employers can safely administer drug testing before hiring someone, during a fitness-for-duty test and after a preventable accident …

Setting layoff criteria? You can ignore past performance

02/01/2007

When planning a layoff or restructuring, you can set criteria for who gets the ax by focusing on employees’ potential future contributions and ignoring their past performance …

North Carolina Lifestyle Law

02/01/2007

In response to moves to limit smoking in the early 1990’s, the legislature amended the state labor code to forbid employers from discriminating against employees who smoke. Specifically, it’s illegal for employers to discriminate against “the lawful use of lawful products during nonworking hours” …

North Carolina Leave Laws

02/01/2007

Besides complying with the federal FMLA, North Carolina employers must abide by the state’s leave laws on school visitation and jury duty. Employees who are parents or guardians may take up to four hours per year of unpaid leave to attend or participate in their children’s school activities. And it’s illegal for employers to punish employees who are summoned for jury duty or as witnesses in court …