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North Carolina

How to terminate employees who have been out on workers’ comp

06/26/2009

Terminating an employee who has been out on workers’ compensation leave is a high-stakes process. How well you handle it can affect your ongoing workers’ compensation liability—and could also subject you to claims of wrongful discharge or retaliation. It’s made all the more complex by the fact that your workers’ comp carrier’s goals may conflict with yours.

What’s considered proper ‘consideration’ to make a valid noncompete agreement?

06/26/2009

Q. I understand that consideration is required for noncompete restrictions in North Carolina and that—for existing employees—continued employment is not valid consideration. How much must a company pay to have sufficient consideration?

How can we help prevent co-worker harassment from escalating into violence?

06/26/2009

Q. One of our employees is being harassed by a co-worker, and we are concerned it may get violent. What can we do about this?

If we fire a lazy employee, will she be eligible to collect unemployment benefits?

06/26/2009

Q. We have an employee who does not work very hard, and her productivity is only mediocre. If we terminate her, will she be able to collect unemployment compensation?

Better heed Ledbetter: Audit pay policies to ensure equal pay

06/16/2009

Under the Lilly Ledbetter Fair Pay Act of 2009, each paycheck that unfairly pays a worker less than it should is a discriminatory act. Now is the time to audit your pay policies. Involve your attorneys—to take advantage of attorney-client privilege protection while you correct any discriminatory practices you uncover.

Labor Department seeks more funds to boost enforcement

06/08/2009

U.S. Secretary of Labor Hilda Solis’ budget request to Congress includes funds to hire nearly 1,000 new employees, 670 of whom will be investigators. The plan calls for 200 more wage-and-hour Labor investigators and 160 additional OSHA gumshoes.

Bosses, staff atwitter about social networking sites

06/05/2009

Bosses and employees have very different views of employee privacy when it comes to posting on social networking sites, according to a recent Deloitte survey. Sixty percent of executives responding to the survey said they have a right to know how employees portray their companies online, but 53% of workers said their off-duty posts are none of their employers’ business.

Lawsuits on the rise: Audit your policies to prevent litigation

06/05/2009

The economy is a shambles, and employers are doing everything they can to stay in business. That includes terminations, salary and wage cuts and temporary furloughs. Nearly every one of those moves carries litigation risk. Have your company’s personnel policies and practices had a checkup lately? A comprehensive audit is one of the easiest ways to spot problems.

Looking for work? NLRB has openings

06/05/2009

Cushy government jobs, but a lot of headaches await the successful applicants for two key government jobs. Years of political infighting may be coming to an end soon, as President Obama has sent two names to Congress for confirmation to become members of the National Labor Relations Board.

Rules of the road: Know when to pay hourly employees for travel time

06/02/2009
You don’t need to pay nonexempt employees for their commuting time to and from the workplace. That’s simple. But what if such employees occasionally travel off-site (or even overnight) for work reasons?