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Employment Law

Employee sues Camp Lejeune for nixing anti-Muslim decals

12/31/2008

A retired Marine who is a civilian employee at Camp Lejeune is suing the Marine Corps base for demanding that he remove anti-Muslim stickers from his car. Officials asked Jesse Nieto, whose son was a victim of the 2000 bombing of the USS Cole in Yemen, to remove a decal…

Justice Department sues judge, courts for USERRA violations

12/31/2008

The U.S. Department of Justice has filed a lawsuit accusing the North Carolina Administrative Office of the Courts and N.C. Superior Court Judge Jerry Braswell of violating former Magistrate James Myles’ rights under USERRA.

A matter of trust: 4 ways to defend against employee disloyalty

12/31/2008

North Carolina, like many states, recognizes that employees owe a certain level of duty to their employers. However, the North Carolina Supreme Court has specifically rejected any independent liability for breaching such duty.

Can handbooks destroy at-will employment?

12/31/2008

Q. Our company has an employee handbook. One of our employees has stated that this creates an employment contract and that he is no longer an at-will employee. Is this correct?

Are we liable for accidents caused by cell phone use in company vehicles?

12/31/2008

Q. If our employee has an accident while talking on a cell phone in a company car, is the company liable to the injured party?

Worker’s hour count is off—Now what?

12/31/2008

Q. We do not believe that one of our employees is keeping accurate time records of her work. Can we pay her what we believe she worked instead of what her time records show?

Court: No punitive damages for lost breaks

12/24/2008

A California appeals court has overturned a large punitive damages jury award in a case involving underpaid wages and missed meal and break periods. Had the court upheld the awards, employers would have had a whole new reason to lose sleep over inaccurate payroll records.

Offer meal breaks—and tell workers to take them

12/24/2008

California’s Labor Code provides substantial protection for hourly workers by requiring that their employers offer meal breaks during long shifts. But what happens if you tell employees when to take their meal breaks, and they don’t?

Follow up on complaints to ensure mistreatment stops along with harassment

12/24/2008

California’s Fair Employment and Housing Act protects employees from sexual harassment by co-workers. But what happens if management stops the harassment but the co-workers find other ways to make life miserable for their victims? It’s HR’s responsibility to make sure a victim of sexual harassment isn’t targeted for other mistreatment …

Don’t panic when former employee files massive lawsuit—most claims go away

12/24/2008

These days, employees and their attorneys often go to great lengths to intimidate employers. One way to do that is to file a huge lawsuit—one that takes up pages and pages, and includes a laundry list of allegations … Before you panic, call your attorneys