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Employment Law

Can we cut the pay of maxed-out employees?

07/24/2009

Q. We have some employees who are earning the maximum salary for their job classifications. Can we cut their pay if we feel they’re overpaid?

Employee filed EEOC suit? Stifle your anger

07/24/2009

Just heard an employee has filed an EEOC complaint against your company? Whatever you do, don’t lash out in anger! It’s one of the worst things you can do. Raising your voice, making threats or otherwise showing your displeasure are surefire recipes for more litigation.

Allow religious days off if at all possible

07/24/2009

Employers are required to reasonably accommodate employees’ religious beliefs. That can include adjusting work hours, such as not scheduling employees to work on worship or holy days. Never punish an employee who tells you he must miss work for religious reasons unless you have considered possible accommodations.

Turn to legal or immigration experts when facing wage-and-hour complexities

07/24/2009

If you employ seasonal labor, import employees from other countries and make payroll deductions for their equipment and transportation, you may want to hire an expert in visas and seasonal labor. That’s what saved one employer from double damages and an extra year of liability.

Make sure employees understand policy and process for reporting sexual harassment

07/24/2009

Employers can do plenty to stop sexual harassment, but employees have obligations, too. If the company has a process for reporting co-worker sexual harassment, employees must follow it. Otherwise, they lose the right to complain. That’s why you need a sexual harassment policy that gives employees the information they need to come forward.

Rest easier tonight! You can’t be held personally liable for Title VII violations

07/24/2009

It’s tough being an HR professional during the worst recession in memory. Every day, you have to make tough decisions about pay, hours, layoffs. At least there’s good news from one North Carolina court: HR pros aren’t personally liable under Title VII for any mistake they might make while carrying out their job responsibilities.

Train front-desk workers what to do with legal papers

07/24/2009

It happens all the time: An employee sues and the papers show up at the front desk. Unless the employee on duty knows what to do with legal documents, you may lose valuable time preparing a response. Make sure everyone knows exactly where to send legal paperwork.

Keep digging: EEOC complaint might not tell the whole story

07/24/2009

When you receive an EEOC complaint, investigate what other claims the employee, applicant or former employee could potentially bring. Courts have been granting more latitude to throw additional accusations into EEOC complaints after the fact.

N.C. court stops pay raises for migrant workers nationwide

07/24/2009

Minimum wages for immigrant farm workers won’t go up following a North Carolina federal judge’s decision to halt a federal government plan to overturn an H-2A visa regime it had implemented just last year. The injunction means farmers nationwide can continue to pay H-2A visa holders between $7.25 and $8.51 per hour.

New Hanover hospital sued for disability discrimination

07/24/2009

The EEOC has sued the New Hanover Regional Medical Center over its policy of refusing to hire people who take legally prescribed narcotics. The lawsuit alleges the policy violates the ADA because the center is regarding all employees taking prescription narcotics as disabled when they are not.