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North Carolina

Taming the paper tiger: What to keep—and for how long

12/03/2009

Some HR departments are notorious for keeping every stack of paper indefinitely, while others fail to keep enough. Neither approach is acceptable, and it’s up to you to maintain a happy medium that complies with the law. Proper record-keeping is one of an HR professional’s core duties. Knowing what legally must be kept and for how long are important aspects of that duty.

Words matter—and can come back to haunt employers sued for age discrimination

12/01/2009

In difficult economic times like these, employers try everything they can to wring greater productivity and profits from employees and work processes. It’s not easy. There’s often resistance from employees who have grown accustomed to doing things the same way they always have. And some of the most intransigent of those employees may be your older workers—and that means potential for legal trouble.

Don’t assume casual laborers are contractors—and don’t neglect workers’ comp insurance

12/01/2009

If your business relies on hiring casual laborers and you routinely pay a set price for a day’s work, don’t assume your workers are independent contractors. If one of them falls or is injured, chances are a court will conclude he’s an employee due workers’ compensation benefits. If you don’t carry workers’ comp insurance, you’ll be on the hook for big bucks.

You can’t unilaterally stop workers’ comp payments

12/01/2009

If you directly pay workers’ compensation benefits because you’re self-insured, remember that you can’t stop paying merely because you believe the employee is no longer disabled. You still have to petition the North Carolina Industrial Commission.

Don’t let tough times affect basic safety

12/01/2009

These days, most employers are focusing hard on increasing per-employee output. By some measures, it’s working: Government statistics show large jumps in employee productivity. But some of those gains come when employees cut workplace safety corners to get more done. Don’t let that happen.

Mold at work spawns new class of workers’ comp claim

12/01/2009

For the first time in the United States, an employee has successfully won workers’ compensation benefits for mold exposure, even though the industry involved—a car dealership—normally has no greater exposure to mold than any other. Black mold exposure has caused tens of thousands of people to become sick—but most of those cases involve mold growing in people’s homes.

Family Dollar: 1 win, 1 loss in overtime litigation

12/01/2009

Discounts are scarce for retailer Family Dollar, which will begin paying out an estimated $35 million to employees it misclassified as exempt from overtime laws in Alabama. A similar case in North Carolina resulted in a Family Dollar victory.

Nursing home plays doctor, will pay for pregnancy bias

12/01/2009

Charlotte-based Lawyers Glen retirement home has agreed to pay $20,000 to settle a pregnancy discrimination complaint brought by one of its nursing aides. When Ashley Wilhelm told her supervisor she was pregnant, she soon found herself working fewer hours. The reduction continued throughout her pregnancy, even though her physician certified she could work full time up until she gave birth.

Must we pay for steel-toed protective boots?

12/01/2009

Q. Most of our employees wear safety steel-toed boots. One of our employees said his boots are worn out and we are required to reimburse him when he buys a new pair. Is that correct?

Can we take away accrued vacation leave?

12/01/2009

Q. Some of our employees have accrued large amounts of vacation pay because they have worked here for many years. Can we strip this vacation pay at the end of the year?