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Employment Law

Courts crack down on workers’ comp for minor injuries

03/30/2009

It used to be that an employee who continued to suffer any pain following a work-related injury could continue receiving workers’ compensation payments until she was fully healed. Now, however, Industrial Commission judges are getting tougher on pain that isn’t backed up by medical evidence. That’s good news …

Wal-Mart settles drivers’ race bias suit for $17.5 million

03/30/2009

Wal-Mart wasn’t wearing its smiley face when it agreed to pay a class of African-American truck driver applicants $17.5 million in a race discrimination suit. The drivers alleged Wal-Mart failed to hire and promote black drivers in proportion to the number who applied.

Are we liable if worker wrecks during commute?

03/30/2009

Q. We have had some bad weather lately. Is our company liable if an employee has a wreck on the way to work?

May we supplement unemployment comp benefits for temporarily laid-off workers?

03/30/2009

Q. We need to temporarily lay off some employees. It will be hard for them to make it on the amount of unemployment benefits. Can we supplement their unemployment benefits without interfering with the unemployment benefits?

If we supplement unemployment comp benefits, must we pay FICA/FUTA on it?

03/30/2009

Q. If we have a Supplemental Unemployment Pay Plan to supplement unemployment benefits, do the company and the employee have to pay FICA and FUTA taxes on the supplemental pay?

Does North Carolina have a mini-COBRA law?

03/30/2009

Q. Our company employs fewer than 20 employees, so federal COBRA does not apply to us. Is there a state law that allows continued health care coverage following termination of employment?

Is there a state health continuation subsidy?

03/30/2009

Q. Is North Carolina providing a subsidy for health care continuation for employers with fewer than 20 employees similar to the federal subsidy contained in the new economic stimulus law?

BK hands over $85,000 after boss seeks sex from teen worker

03/30/2009

A Clemmons Burger King is the latest fish caught in the EEOC’s teen sexual harassment net. Burger King will pay $85,000 to a teenage employee who was subject to unwanted touching, sexual advances and requests for sexual favors from the store’s general manager.

Promoting? Avoid any appearance of favoritism

03/26/2009

Choosing which of your employees to promote is always difficult, since at least one employee will be disappointed. That can lead to friction or even a lawsuit. That’s why it’s crucial for the entire process to look—and be—as transparent as possible. You simply must avoid any appearance of favoritism.

Elected officials can fire holdover appointees

03/26/2009

A newly elected official may want to terminate those employees politically tied to his predecessor—and he often may ask HR how to handle the firings. Because such cases can be close calls, always refer the matter to experienced legal counsel.