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North Carolina

Discrimination: Who is disabled under North Carolina state law?

02/26/2009

As time has passed, the North Carolina Persons with Disabilities Protection Act has evolved to cover more disabled North Carolinians. For example, the first version of the law excluded “working” as a major life activity, thus preventing coverage for those who might not be able to work without substantial accommodations. In 1999, the Legislature added “working” as a major life activity …

What factors should we weigh when deciding whether to offer severance package?

02/26/2009

Q. We are downsizing and letting go a long-time employee. We want to help her out by giving her a severance package. What should we consider?

Will I get into trouble for withholding final paychecks from soon-to-be-former employees?

02/26/2009

Q. We’re closing our doors and firing all of our employees. As president, I am considering not paying my employees their final paychecks, even though they have earned that pay. Is this a risk?

Can I convert part-timers to contractors?

02/26/2009

Q. Payroll taxes are hurting our bottom line. May I convert part-time bookkeepers to "1099" employees?

New economic stimulus law includes HR-related provisions

02/24/2009

The economic recovery and stimulus bill President Obama signed Feb. 17 features several provisions affecting HR. Most require federal agencies to write new administrative rules, so it’s difficult to predict now exactly how they will work on an everyday basis. Here are some key provisions in the American Recovery and Reinvestment Act.

Employers cut ’09 salary budgets; raises fall below 3%

02/01/2009

Remember those surveys last summer forecasting steady 3.6% salary increases for 2009? Forget about it. U.S. workers, on average, are now projected to receive annual merit increases of between 2.3% and 3.0% …

Obama signs Ledbetter Act, easing path for pay-bias suits

01/29/2009

President Obama signed the Lilly Ledbetter Fair Pay Act on Jan. 29, making it easier for women and others to sue for pay discrimination that may date back decades. Drafted in response to a 2007 U.S. Supreme Court decision that said employees had at most 300 days to file pay discrimination complaints, the new law counts each unfairly low paycheck as a fresh discriminatory act.

Beware firing based on police polygraph tests

01/27/2009

Employee theft is a big problem, and it could get bigger during hard economic times. Sometimes employers learn about “inside jobs” from police. When that’s the case, watch out for an interesting trap that can lead to litigation.

Use job ratings to counter disability claims

01/27/2009

Here’s another reason why it’s so important to continually document employee performance. If an employee who quits later says she did so because you didn’t accommodate her disability, you may be able to show that she could in fact do her job without accommodations.

North Carolina workers: scared; biz leaders: fingers crossed

01/27/2009

The economic meltdown has North Carolinians caught in the grip of fear and insecurity, but state business leaders are cautiously optimistic things could turn around sooner rather than later.