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North Carolina

State claim can’t piggyback on employee’s FMLA suit

10/23/2009

Employees who sue under the FMLA for alleged interference with the right to take covered leave can’t throw in an additional claim for wrongful termination under state common law. That’s because North Carolina allows wrongful termination claims only in very limited circumstances …

Race bias lawsuits alive and well

10/23/2009

 We all like to think we’ve moved beyond race discrimination, but the number of race bias lawsuits being filed suggests otherwise. That’s why employers need to make sure their hiring and discharge practices don’t discriminate. 

Charlotte’s BofA on the hook for Merrill Lynch’s bull

10/23/2009

Merrill Lynch—now owned by Charlotte-based Bank of America—has reached a settlement with retired teachers in Ohio who sued when the brokerage firm allegedly misstated earnings expectations before the housing market tanked a year and a half ago. The Ohio State Teachers Retirement System’s windfall: $475 million.

Refusal to hire non-Hispanics sparks EEOC lawsuit

10/23/2009

Propak Logistics, an Arkansas-based freight management company, has drawn the ire of the EEOC, which is suing the firm for refusing to hire applicants who weren’t Hispanic for nonmanagement positions at its plant in Shelby.

Independent contractor or employee? How to make the call

10/23/2009

Sometimes, it makes financial sense for companies to engage workers as independent contractors rather than as employees. It can have advantages for workers, too. But whether a worker is an employee or an independent contractor has nothing to do with the desires of the organization or the worker. Not even a written contract can make someone an independent contractor if that status isn’t legitimate.

New health coverage rules for dependent kids start Nov. 8

10/02/2009

A new federal law takes effect Nov. 8 that extends eligibility for group health insurance coverage to some dependent children age 18 or older who are higher-education students.

EEOC takes sides in ‘the pill v. the pope’ battle

09/29/2009

The EEOC has filed suit against Belmont Abbey College, a Catholic-run institution in Belmont, claiming the college’s refusal to provide coverage for birth control in its employee health plan violates the federal Pregnancy Discrimination Act.

Cherryville builder settles sex bias suit for $200K

09/29/2009

Cherryville-based R-Anell Housing has agreed to a $200,000 settlement with the EEOC after the company refused to hire female applicants. According to the EEOC, the modular home building company maintains a sex-segregated workplace that “has the effect of denying female employees equal employment opportunities.”

10 minutes well-spent: Audit your employee bulletin board

09/29/2009

Have you audited the employee bulletin board in your break room or next to your time clock recently? Have you ever done so? A little time spent seeing what’s there—and what’s missing—will keep you in compliance with North Carolina and federal laws.

We’re small; do we need an employee handbook?

09/29/2009

Q. We are a small company and do not have an employee handbook. Are we required to have one?