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Employment Law

Evaluate work before switching to full time

05/27/2009

Some part-timers naturally want to move up to a full-time position. But when they apply and aren’t selected, they may claim they were turned down because of some form of discrimination—even if the real reason was that they weren’t performing well in their part-time roles.

Remember, you have to prove exempt status

05/27/2009

Too many employers assume they can just classify employees as FLSA exempt without being challenged. The truth is quite different. In fact, many overtime labor law cases are filed when an employer fires an employee for entirely legitimate reasons.

Train managers: Watch out for language that could be construed as derogatory

05/27/2009

Sometimes, people don’t realize the language they are using may be offensive to members of a protected class. That can happen when a term has been in use for decades or even centuries and has become separated from its original meaning or context. Consider a recent case involving usage of the term “tar baby.”

Carefully track all training to ensure all employees have equal access

05/27/2009

Employees are entitled to a workplace free of discrimination. That includes having equal access to training. For example, favoring some employees for training opportunities at the expense of other employees who belong to a protected class may cause a discrimination lawsuit.

Threats at work: You can punish, even if weapon turns out to be a toy

05/27/2009

You probably have workplace rules that ban weapons in the workplace and don’t allow employees into the building with guns or knives. And that rule probably spells out that you will terminate an employee who threatens or displays a weapon at work. But what if the ‘‘weapon’’ turns out to be a toy?

N.C. law protects workers who refuse boss’s sexual advances

05/27/2009

North Carolina’s Equal Employment Practices Act (EEPA) provides that “it is the public policy of this State” to protect employees from discrimination. Until now, it was unclear how far the law went in giving employees the right to directly sue their employers.

Extra cheese please, but hold the snot

05/27/2009

As Michael Setzer stuck a piece of cheese up his nose and placed it on the Domino’s sandwich he was preparing, he mugged for Kristy Hammonds’ camera. After Hammonds’ video received more than 550,000 hits on YouTube, the pizza chain mobilized quickly to contain the damage.

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?