• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Set equitable system for assigning overtime–it’s an essential defense against bias claims

05/28/2010
Do you have a system that allows all employees in the same job category an equal shot at earning overtime pay? If not, consider setting up a fair system for distributing that extra work. Otherwise, you may find yourself facing a discrimination lawsuit.

Good news for employers: Workers’ comp retaliation isn’t a federal case

05/28/2010
Whenever a case moves from state court into the federal court system, costs go up and delays become frequent because dockets are so crowded. That’s one reason a recent decision by a federal court to send a case back to the North Carolina court system is good news. The case involved a workers’ compensation retaliation claim …

N.C. union membership rate fell even more in 2009

05/28/2010
According to the latest numbers from the Bureau of Labor Statistics (BLS), North Carolina lost 17,000 union jobs last year, cementing its position as the least-unionized state in the nation. Just 3.1% of North Carolinians belonged to a union in 2009, down from 3.5% in 2008.

Federal 4th Circuit: Let arbitrators arbitrate

05/28/2010
If a recent decision is any indication, the 4th Circuit Court of Appeals, which covers North Carolina employers, is willing to let arbitrators do their jobs.

Think twice before piling on worker who’s suing

05/28/2010

Employees who file EEOC complaints, hire an attorney or file a lawsuit alleging Title VII violations are protected from retaliation. If you make any sudden adverse employment decisions after the employee has engaged in those protected activities, you’re likely to face retaliation charges, too. That doesn’t mean you should never discipline or fire employees who take you to court.

Time clocks: What’s the law on rounding up, down?

05/28/2010
Q. Our time-clock software allows for a five-minute grace period at the start and end of each shift. For example, if the employee’s designated start time is 8:00 a.m. and the employee clocks in at either 7:56 a.m. or 8:04 a.m., the actual start time will be logged as 8:00 a.m. for pay purposes. Is this OK?

Cut no slack just because employee won award

05/27/2010
Sometimes, good employees go bad. Quite often, employers that suddenly have to terminate an employee who had been doing a great job find themselves on the losing end of a discrimination lawsuit. There’s one way to show bias played no part in the decision: Document the employee’s unacceptable behavior.

Disabled worker seem OK with ribbing? Beware!

05/27/2010

It’s sad but true: Disabled people are sometimes the butt of jokes at work. Whether the disability is obvious or the disabled employee lets co-workers know about his condition, you can expect somebody to say something inappropriate. Of course, some comments might be good-natured teasing. That doesn’t mean you should tolerate it.

Warn bosses: E-mail is smoking-gun evidence

05/27/2010

The risk isn’t new—e-mail has been around for a while. But managers and supervisors still continue to play fast and loose with their e-comments. E-mail messages are increasingly finding their way into employment-law court battles. Remind managers in the hiring process that it’s typically better to pick up the phone or walk down the hall to discuss a candidate than it is to send an e-mail.

How liable are we for an employee’s accident that occurred while he was on the phone?

05/26/2010
Q. One of our managers was talking on his company cell phone while driving when he struck and injured a pedestrian. Can the pedestrian sue the company?