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North Carolina

Clerk fired after telling Gov. McCrory, ‘Thanks for nothing’

03/07/2014
Governors might think they have a thankless job, but being told that directly can still sting. Gov. Pat McCrory recently found out exactly how thankless the job can be.

Two North Carolina firms make Fortune’s ‘best’ list

03/07/2014
For the second year in a row, Cary-based SAS ranked second on Fortune magazine’s list of the 100 best companies to work for. SAS was joined on the 2014 list by its Cary neighbor Kimley-Horn and Associates, a design consulting firm that came in at No. 73.

Vandalism isn’t always employer’s responsibility

03/07/2014
Here’s an important reminder that employers aren’t responsible for pre­­venting every ugly workplace incident. Just because someone vandalizes an employee’s property doesn’t mean you will be liable for creating a hostile work environment.

No double liability for state, federal classification claims

03/07/2014

Until now, employers covered by the FLSA faced potential double liability under the North Carolina Wage and Hour Act over unpaid overtime for workers misclassified as exempt. A recent decision makes clear that the federal FLSA takes precedence.

A liability ‘gift that keeps on giving’: The hostile environment you thought you fixed

03/07/2014
You may think that time is on your side after you tackled hostility in the workplace. But that isn’t always the case. For example, firing an employee who had to work in a hostile work environment for years may still mean liability, even if you recently cleaned up the workplace.

Multitasking doesn’t destroy exempt status when managers must do hands-on work

03/07/2014
Salaried retail managers often have to step in and perform nonmanagement tasks. The fact that they do some of the same things that hourly employees do doesn’t mean they aren’t exempt under the FLSA—as long as they are also managing at the same time.

Deadly duo: Harassment followed by retaliation

03/07/2014
When an employee complains about sexual harassment, how you handle it makes a big difference. If you ignore the complaint—or worse, blame the victim and punish her—you’re risking a laundry list of claims under federal and state laws.

Consistency is key when firing for performance

02/14/2014
Poor performance sounds like a legitimate reason to fire someone. That doesn’t mean the employee won’t sue. If that happens, you must be prepared to show that other em­­ployees who held the same position and had similar performance issues were also terminated. If not, you had better be able to explain why.

KFC settles, agreeing to skirt pants issue

01/28/2014
The owners of several Kentucky Fried Chicken franchises in North Carolina have agreed to settle a religious discrimination charge leveled by a former employee who claimed that wearing pants violated her Pentecostal beliefs.

Henderson nursing home settles disability discrimination suit

01/28/2014
The owners of the Britthaven of Hen­­der­­son nursing facility has agreed to pay a former cook $50,000 to settle charges it refused to accommodate her disability.