• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly
Connection failed: SQLSTATE[HY000] [2002] No such file or directory

North Carolina

Charlotte company learns the hard way: You will pay for bias

07/23/2010

Junior Revels, age 76, has been a diesel mechanic for a long time. So long, in fact, that when he applied for a job at Southern Metals in Charlotte, the company flat out told him it had decided to hire someone younger. Bad move.

No workers’ comp needed for smallest of small businesses

07/23/2010
The Court of Appeals of North Carolina has ruled that employees who seek workers’ compensation have to show that their employer was a covered employer. That means they must show that the business had three or more regular employees.

You’re not responsible for clocked-out employee

07/23/2010
Employers are liable for damage their employees cause when they hurt customers or bystanders. That’s not the case, however, when those employees are off duty.

Can individual employees be liable for FMLA violations? 4th Circuit may decide

07/23/2010
Most employment laws don’t make individual employees liable for workplace violations they commit in the course of their employment. But that’s not the case with every violation. According to the 4th Circuit Court of Appeals, it’s unclear whether the FMLA allows such personal and individual liability—a conundrum that may soon be tested.

First suggestion needn’t be last word: You’re free to choose reasonable accommodation

07/23/2010

When an employee asks for a reasonable ADA accommodation for a disability, you don’t have to accept her first suggestion. You are under no obligation to provide the employee’s preferred accommodation if you have another one that’s also reasonable.

School’s out for summer! But the FMLA doesn’t cover day care

07/23/2010

Believe it or not, some employees are under the impression they can use FMLA leave during the summer months to care for their minor children instead of sending them to summer camp or day care. That’s not true unless the child has a serious health condition that prevents participation in camp or day care. Otherwise, parents are expected to make conventional child care arrangements during the summer.

Ban vulgar jokes, comments on breastfeeding

07/23/2010

The new health care reform law gives mothers the legal right to express breast milk at work. But that’s brought a new problem to the fore: co-workers—or even supervisors—making jokes or inappropriate comments about the practice. Remind everyone that lactation is no joking matter. Otherwise, you could have a sexual harassment case on your hands.

Beware bias claims when accommodations differ

07/23/2010
Overlapping issues often make it even harder for HR pros to deal with difficult situations. For example, addressing the needs of two disabled employees can turn into a discrimination lawsuit if they belong to different protected classes and you come up with different accommodations.

Bank of America workers sue for overtime

06/28/2010
Workers at Charlotte-based Bank of America’s retail branches and call centers in five states have filed a lawsuit claiming they are due unpaid overtime from the banking giant.

EEOC busts dentist’s chops

06/28/2010
Kinston-based Affordable Care Inc. will pay $150,000 to settle sex and race harassment charges leveled by two female employees of an affiliated dentist in Massachusetts.