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North Carolina

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?

Disciplinary mistake? Set it right—pronto!

11/27/2009

We all make mistakes, especially when acting in haste. Unfortunately, a mistake in the employment law world can mean a long and expensive lawsuit. On the other hand, courts are inclined to forgive employers that genuinely try to make things right. That’s why employers should fix errors and take real measures to make sure any potential negative effects of a disciplinary action have been removed.

May we pay comp time instead of overtime?

11/23/2009

Q. We are a private employer. Can we avoid paying overtime to our hourly employees by giving them comp time?

Can we require harassment complaints in writing?

11/23/2009

Q. Our new plant manager wants to revise the company’s sexual harassment policy to require all employee complaints to be in writing. Can we do this?

H1N1 virus alert: Complying with the ADA during an emergency

11/13/2009

The H1N1 influenza virus has added a note of urgency to the need to understand the ADA’s privacy requirements. Although some of the rules are relaxed in emergencies, employers that use confidential medical information to discriminate against workers will have to answer in court for their actions.

Use encouraging, fair—and honest—appraisals when coaching newly promoted employees

10/29/2009

Not every employee who earns a promotion will be successful at the new job. While you certainly want to do everything possible to allow the employee to thrive in the new assignment, you’ve also got to be practical. When you conduct those initial performance reviews, consider the possibility that the employee will ultimately fail. Here’s how to encourage success, but plan for potential failure:

Check calendar when employee files lawsuit covered by employment agreement

10/26/2009

A federal court hearing a North Carolina case has dismissed a discrimination lawsuit based on failure to file that lawsuit within a shortened time limit that the parties had agreed they would use.

EEOC charges Mount Gilead modular builder with race bias

10/26/2009

According to an EEOC complaint, Professional Building Systems has subjected African-American employees at its headquarters in Mount Gilead to harassment that included drawings depicting the workers and members of the Ku Klux Klan.

Pay attention to spontaneous bias complaint

10/23/2009

Employees who complain about alleged discrimination engage in what is commonly called “protected activity”—and that means they can’t be punished for doing so. Thus, it’s illegal to retaliate against an employee who goes to HR to report possible discrimination. But what about employees who never come forward on their own, but who simply respond to a supervisor’s question about equal treatment? Are they also protected?

Track older workers’ training opportunities