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Employment Law

Employee sued and now she’s back at work? Don’t walk on eggshells for fear of retaliation

08/28/2009

You know it’s illegal to retaliate against an employee who returns to work after winning or settling a lawsuit against you. But that doesn’t mean management has to be afraid of her, worrying that she’ll perceive every little slight as the organization’s way of getting back at her. As the following case shows, employees can’t cry retaliation for the little stuff.

FMLA leave-taker slipping? Fire away, with justification

08/28/2009

Of course, employees have the right to take protected FMLA leave. But that doesn’t mean you can’t take action you already planned to take for other legitimate reasons before you found out the employee needed FMLA leave.

Prompt response key in hostile environment cases

08/28/2009

Employers that quickly respond to employee sexual harassment and hostile environment complaints cut their liability.

DOL’s blueberry farm investigation bears fruit

08/28/2009

The U.S. Department of Labor has cited nine blueberry farms and 17 labor contractors for violations of child labor laws, the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The farms and contractors operated in Bladen and Craven counties.

Stanley Furniture settles racial harassment suit

08/28/2009

Virginia-based Stanley Furniture has settled a racial harassment suit filed by three employees at the furniture manufacturer’s former plant in Lexington.

Health & safety: Understanding North Carolina’s OSHA law

08/28/2009

In 1970, the federal government passed the Occupational Safety and Health Act (OSHA). Then in 1973, North Carolina passed the Occupational Safety and Health Act of North Carolina (OSHANC). The North Carolina act has its own administrative and review procedures that aren’t always similar to its federal counterpart.

What’s the latest on the employment of immigrants in the Carolinas?

08/28/2009

Q. My company has about 80 employees spread among four stores in Charlotte and upstate South Carolina. Business is rebounding, and we expect 10 to 15 new hires in the next few months. Proposed changes in immigration laws are often in the news. Is there anything new I should know?

What should we do? We may need to terminate one of our founding partners

08/28/2009

Q. My company, a North Carolina corporation, has only four employees, all of whom are equal shareholders. We don’t have employment contracts. May three of us decide to terminate the employment of the other, a 25% shareholder?

Is it possible to reduce everyone’s hours without running afoul of the law?

08/28/2009

Q. In an effort to avoid laying off employees in this tough economy, our company has decided to temporarily reduce everyone’s work hours to 35 hours per week. May we?

Warn bosses: Bankruptcy won’t stop wage claims

08/26/2009

The Fair Labor Standards Act says some managers may be held personally liable for unpaid wages, independent of the company’s obligation to pay. Not even a company bankruptcy halts individual liability.