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North Carolina

Court: EEOC paperwork foul-up doesn’t cancel right to sue under N.C. law

06/27/2012
It’s usually enough for an employee to file a complaint with the EEOC, which is supposed to forward the case to the appropriate North Carolina state agency. But what happens if the EEOC never forwards the complaint?

Thinking about shrugging off employee suit? Then think about writing a really big check

06/27/2012
Here’s a caution for employers tempted to ignore a wage-and-hour lawsuit: Do so and you might as well just admit to the employees’ allegations. All the court has to do is determine the damages—plus figure out how much in legal fees the employer owes the employees.

Set clear, easy-to-use processes so employees know about all promotion opportunities

06/27/2012

If you don’t regularly post your job openings and promotion opportunities, you are asking for trouble. Here’s why: Applicants and employees can sue if they believe they missed out on an opportunity—even if they never applied. That litigation blindside may force you to justify your hiring and promotion decisions long after you made them. And if you didn’t keep careful records, you may be in trouble.

N.C. EEOC discrimination charges declined in 2011

06/27/2012
North Carolina employees are doing more than their share to keep the EEOC busy, filing more discrimination complaints per capita than the national average. Even so, North Carolina filings fell last year after spiking upward in 2010.

Make sure time records can withstand scrutiny

06/27/2012

Employers are responsible for keeping track of the hours and minutes their employees work. If they can’t show their records are accurate, an underpaid overtime case can get costly. That’s because—absent reliable employer records—courts will let employees fill in the timekeeping details.

Ex-Cherry Point employee admits to embezzlement

06/01/2012
A former employee at Marine Corp Community Services, which provides recreational and social services at Cherry Point Marine Corps Air Station, has admitted she used a government credit card to embezzle approximately $74,000.

Beware disciplining by withholding pay raises

06/01/2012
Any adverse employment action—including withholding an ex­­pected pay increase—can form the basis for a discrimination lawsuit. If you hold back raises to punish rule-breaking, make sure you can show you do so impartially.

Long hair nets settlement in Taco Bell religious bias case

05/25/2012
A Taco Bell franchisee in Fayetteville has agreed to settle a religious discrimination lawsuit filed by the EEOC. The commission sued last year on behalf of an employee who had worked at the restaurant for six years before the length of his hair became an issue.

DOL takes tough stance on enforcing tip rules

05/25/2012
The U.S. Department of Labor has issued final regulations that specify that employees’ tips are their sole property, regardless of whether employers take the tip credit.

To win wage case, worker must do more than contest records

05/25/2012
If you keep good records of the hours workers put in, chances are you’ll be able to beat an employee’s claim that he wasn’t paid for all hours worked. He’ll have to show some evidence that your records are wrong.