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North Carolina

Bizarre, nonsensical lawsuit? Vigorous response still required

05/28/2010

It doesn’t take much to get a lawsuit started. Sometimes a former employee—or perhaps even a total stranger—will walk into the nearest state or federal courthouse and ask to fill out a complaint form. The court is required to accept it and send it on. Regardless of its apparent merit, respond aggressively to it. If you don’t act, you risk a default judgment.

Unexpected bias worry: denial of training

05/28/2010

Remind bosses that everyone who is qualified for training should have access to development opportunities, and that hand-selecting subordinates to attend training can be discrimination. Note: Be sure they understand that older employees are also entitled to training—even if it seems reasonable that they may quit or retire soon.

Set equitable system for assigning overtime–it’s an essential defense against bias claims

05/28/2010
Do you have a system that allows all employees in the same job category an equal shot at earning overtime pay? If not, consider setting up a fair system for distributing that extra work. Otherwise, you may find yourself facing a discrimination lawsuit.

Good news for employers: Workers’ comp retaliation isn’t a federal case

05/28/2010
Whenever a case moves from state court into the federal court system, costs go up and delays become frequent because dockets are so crowded. That’s one reason a recent decision by a federal court to send a case back to the North Carolina court system is good news. The case involved a workers’ compensation retaliation claim …

N.C. union membership rate fell even more in 2009

05/28/2010
According to the latest numbers from the Bureau of Labor Statistics (BLS), North Carolina lost 17,000 union jobs last year, cementing its position as the least-unionized state in the nation. Just 3.1% of North Carolinians belonged to a union in 2009, down from 3.5% in 2008.

Federal 4th Circuit: Let arbitrators arbitrate

05/28/2010
If a recent decision is any indication, the 4th Circuit Court of Appeals, which covers North Carolina employers, is willing to let arbitrators do their jobs.

Think twice before piling on worker who’s suing

05/28/2010

Employees who file EEOC complaints, hire an attorney or file a lawsuit alleging Title VII violations are protected from retaliation. If you make any sudden adverse employment decisions after the employee has engaged in those protected activities, you’re likely to face retaliation charges, too. That doesn’t mean you should never discipline or fire employees who take you to court.

COBRA subsidy expanded, extended through May 31

04/28/2010
On April 15, President Obama signed into law amendments to the COBRA subsidy provision of the American Recovery and Reinvestment Act stimulus. Those amendments—plus amendments enacted in March—not only extend the time that the subsidy is available, but also offer it to certain individuals whose hours were reduced before they were involuntary terminated.

EEOC: Goldsboro company wouldn’t accommodate Sabbath

04/28/2010
Goldsboro-based construction company T.A. Loving faces EEOC religious discrimination charges after the company fired several Seventh-day Adventist workers because they refused to work on their Sabbath.

AAA hit with discrimination claim

04/28/2010
Several current and former employees of the Charlotte office of the AAA Carolinas have filed racial discrimination claims against the company, claiming they were passed over for promotion in favor of less qualified white employees.