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North Carolina

Think odd employee might benefit from mental exam? Talk to a lawyer first

04/30/2013
Let’s face it: Some employees are a bit strange. Sometimes, their behavior may even be an indication of serious mental health problems. But before you rush to demand the employee get counseling or see a doctor, remember that the ADA prohibits such requests unless there is a clear business necessity for the exam.

Garner landscaper illegally trimmed worker pay

04/30/2013
Garner-based KBE Landscaping will pay $14,651 in back pay to 33 em­­ployees after a Department of Labor investigation revealed the company failed to properly pay overtime to its hourly workers.

You don’t always have to be right–just honest

04/30/2013
Many HR professionals spend time agonizing over whether to fire someone they believe broke a rule warranting discharge. Could they have been wrong about the facts? Relax. There’s no need to second-guess yourself endlessly. Instead, conduct a prompt and thorough investigation and make a decision.

Older worker too slow? Firing isn’t age bias

04/01/2013
Some older workers hear “slow” and immediately assume that’s code for “old.” But sometimes, slow just means slow.

DOL builds another OT case against construction firm

03/25/2013
PCM Construction Services has settled DOL charges that it cheated employees out of overtime pay when they worked more than 40 hours in a workweek. The problem: PCM paid nonexempt employees a flat salary regardless of how many hours they put in.

Charlotte security firm sued for same-sex harassment

03/25/2013
Charlotte-based Metro Special Police & Security Services faces EEOC charges that a captain and lieutenant, both men, solicited male security ­officers for sex and forced them to go to gay bars while on duty.

Base firing on solid evidence of wrongdoing

03/25/2013
Solid, substantiated and legitimate reasons for firing someone almost always trump bias claims based on a few isolated slurs—even when the trash-talking comes from a supervisor.

Offended employee must report ongoing harassment

03/25/2013
Employers that discipline employees who make racially offensive comments have done what’s required of them. Unless they hear about a recurrence, it’s safe to assume the problem was solved.

Court refuses to help pro se litigant after EEOC, attorneys reject her case

03/25/2013
Here’s some good news for em­ployers frustrated with former employees who file groundless discrimination lawsuits. Judges are increasingly unwilling to bend over backward to enable lawsuits that look like sure losers by assigning court-appointed attorneys.

Your obligation to accommodate religion begins when employee requests it

03/25/2013

If employees don’t ask for religious accommodations, then there’s no need to worry about special schedules. That’s because your obligation to accommodate religious needs begins when an employee asks for accommodation. If he never requests a schedule change, you don’t need to do anything.