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North Carolina

President proposes new pay rules for home health workers

01/27/2012
In an attempt to right what he ­­per­­ceives to be a wrong-headed Supreme Court decision, Presi­dent Obama is asking the DOL to change Fair Labor Stand­­ards Act regulations covering home health care workers.

You never have to tolerate fights in the workplace

01/27/2012
Violence in the workplace is a harsh reality, but employers must provide a safe work environment. That may mean terminating employees who threaten other employees or get into fights.

Don’t expect losing employee to pay your legal fees

01/27/2012
Typically, employers that lose discrimination lawsuits have to pay the employee’s attorneys’ fees in addition to any jury award. But the opposite isn’t true—employees almost never have to pay their employer’s lawyers unless the case was frivolous.

How to ward off some class-action pay-bias suits: Grant managers limited discretion to set pay

01/27/2012

Do your managers have limited discretion in setting pay? If so, you may have a built-in way to prevent large class-action lawsuits over equal pay. It’s all because of last summer’s big Supreme Court decision in Wal-Mart, Inc. v. Dukes.

Take notes on all reference-check calls

01/27/2012

Sometimes, it’s a close call to decide who will be the best fit for a job or promotion. There may be several candidates with the relevant education, training and experience. If that’s the case, the decision may come down to who has the best “soft” skills—subjective qualities indicating a good fit. Checking applicants’ references can break that tie.

What to do if disability emerges after offer

01/27/2012

Job applicants aren’t required to reveal dis­­abilities during the hiring process. That means you may occasionally find yourself making a job offer to someone you don’t realize is disabled. At that point, what you say and what you do may mean the difference between smoothly integrating a new employee into the workforce and a costly, drawn-out lawsuit.

Always investigate discrimination complaints to ferret out boss bias, prevent retaliation

01/09/2012
Ignoring a discrimination complaint can set in motion an un­­stop­­pable litigation train wreck. That’s especially true if you fail to in­­vestigate a boss who ends up retaliating against the complaining employee.

The FMLA calendar: 4 methods to counting an ‘FMLA year’

12/20/2011
The DOL’s FMLA regu­­la­­tions provide employers with several options for calculating how much leave employees are entitled to at any given time. According to the regulations, employers are permitted to choose any one of the following methods for measuring the “12-month period” in which the 12 weeks of leave entitlement occurs.

Asthmatic fired after creating his own accommodation

12/20/2011
Whenever an employee reveals a disability, employers must explore reasonable accommodations. The EEOC clearly doesn’t consider it reasonable to send an employee home and then fire him, as the following case shows.

Refusing hair-sample drug test trims firm’s bank account

12/20/2011
G2 Secure Staff has settled a disability discrimination charge stemming from poor hiring practices at Raleigh-Durham International Air­­port, where the company provides security services.