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North Carolina

Workers’ comp doesn’t cover supervisor sexual harassment

02/24/2012
When a supervisor sexually harasses a subordinate, the subordinate has a potential Title VII lawsuit. However, she does not have a workers’ compensation claim.

Remind bosses: Ignoring safety rules is negligence risk

02/24/2012
Ordinarily, employers aren’t liable for workers’ injuries. Workers’ compensation insurance covers them. But if managers ignore safety guidelines that they know could prevent injuries, the employee can sue.

Beware retaliation claim if you punish employee for filing internal wage-and-hour complaint

02/24/2012
In addition to protecting ­­employees’ wage-and-hour rights, the Fair Labor Standards Act protects employees from retaliation for asserting their pay rights. But until now, it was unclear whether it was protected activity to file an internal report that someone within the organization was violating the FLSA. The 4th Circuit has ruled that it is.

Use ‘reasonable person’ test to gauge threat of lawsuit for allegedly offensive speech

02/24/2012
If a reasonable person wouldn’t find mild, isolated comments out of line, an overly sensitive employee will have a hard time arguing that they were offensive enough to warrant a lawsuit.

Dubious request for ADA accommodation? Be prepared to document rationale for denial

02/24/2012

What should you do if an employee produces a health care professional’s diagnosis of stress, anxiety and post-traumatic stress disorder (PTSD), along with a recommendation to reassign the employee? Do you accept that the employee is disabled and consider the reassignment as a reasonable accommodation?

Unions growing nationwide, but not in North Carolina

02/24/2012
Changing economic conditions and favorable rule-making in Washington helped U.S. union membership increase to 14.8 million workers last year, according to the Bureau of Labor Statistics. Just don’t look for the evidence in North Carolina.

Retire or be fired? Put offer terms in writing

02/24/2012
Occasionally, a good employee messes up after years of service. Before you suggest that he retire instead of being discharged, have your attorney put the offer in writing.

Document why you denied FMLA leave request

02/24/2012

It may seem clear to you that an employee with a minor medical problem isn’t eligible for FMLA leave. But that doesn’t mean the em­ployee won’t sue if you turn down her leave request. That’s why you must be prepared to explain your decision.

Tell bosses: Follow 3 cardinal rules to document discipline

02/02/2012

To be successful, employee feedback should be routine, not a once-a-year event. In the same way, managers should make documentation of employee performance, behavior and discipline a regular habit. But how managers document their observations can mean the difference between winning and losing, should an employee ever decide to take you to court.

After light bulb goes on, power company settles

01/27/2012
Winston-Salem based Salem Electric Co. has settled charges it discriminated against a black worker when it accused him of being responsible for breaking a number of light fixtures the company was supposed to install.