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North Carolina

Britthaven nursing home settles pregnancy discrimination claim

05/27/2009

The Kinston-based Britthaven nursing home and assisted-living chain has settled a pregnancy discrimination claim with the EEOC for $300,000. The agreement settles a lawsuit brought by Katherine Hance and other pregnant employees who claimed they were treated differently from other employees …

Proceed with caution when making health-related inquiries

05/27/2009

Employers enter a legal minefield when they inquire about the health of applicants or employees. State and federal laws—such as the North Carolina Workers’ Compensation Act (WCA), the ADA and the FMLA—overlap, and any misstep can cause a litigation explosion.

What’s enough ‘consideration’ in a noncompete?

05/27/2009

Q. I understand that “consideration” is required for noncompete agreements 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 prevent co-worker harassment from escalating into violence?

05/27/2009

Q. A co-worker is harassing one of our employees, and we are concerned it may get violent. What can we do about this?

Can a lazy worker collect unemployment?

05/27/2009

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

Minor adjustments: How to comply with federal teen labor rules

05/05/2009

Your risk of running afoul of the child labor laws has increased, and penalties can be harsh. A recent government study found a surprisingly high percentage of teen employees working longer hours than federal law allows, and also in jobs deemed too dangerous by law. Now, federal and state safety investigators are more interested than ever in child labor compliance.

U.S. workers using less vacation time, survey says

05/04/2009

Online travel agent Expedia.com probably didn’t hear what it wanted to hear when it conducted its ninth annual travel survey. More than a third of workers said they won’t use all of their vacation this year. The primary reason cited? Work-related pressure.

Labor union steps up Wal-Mart organizing campaign

05/04/2009

The United Food and Commercial Workers Union (UFCW) has sighted Wal-Mart in its cross-hairs. The union has sent 60 organizers to more than 100 Wal-Mart stores in 15 states to try to crack the nation’s largest employer.

Warn bosses against even subtle retaliation

04/27/2009

We can’t say it often enough: Employees can lose discrimination claims and still end up winning big because their employers retaliated against them for complaining in the first place. Don’t let that happen at your organization. Develop a plan to stop retaliation dead in its tracks …

Route all requests for FMLA leave through HR

04/27/2009

Employees who are having work troubles sometimes think they can prevent being fired by asking for FMLA leave. Their ace in the hole if they are fired: They can always sue for retaliation under the FMLA. That only works if those responsible for the termination decision actually know that the employee has asked for FMLA leave …