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Employment Law

OK to fire everyone, then ask them to reapply

06/03/2013
Sometimes, it becomes apparent that something has to change in a workplace. When that’s the case, firing everyone and having them reapply for their jobs may be a viable approach, if a recent 5th Circuit Court of Appeals decision is any indication.

Ensure younger employees aren’t ageists

06/03/2013
Have you recently hired or promoted younger applicants into management positions? Do they supervise older employees? If so, be sure to include age discrimination warnings in your training sessions. All too often, younger employees may make statements that older workers interpret as biased.

New FMLA regs in effect: Update your military leave policy

05/31/2013
In 2008, Congress expanded the FMLA to include two types of military leave: exigency leave and military caregiver leave. In 2010, Congress expanded those leave rights by applying them to the regular armed forces as well as National Guard members and reservists. Now those changes have been officially implemented with new regulations from the U.S. Department of Labor.

Construction firm nailed for worker misclassification

05/31/2013
Freeman & Associates Contracting, a Raleigh construction firm, has agreed to pay four workers $20,000 in back wages after U.S. Department of Labor investigators determined the workers were improperly classified as independent contractors.

Employer pulls job offer, attracts ADA lawsuit

05/31/2013
The EEOC is suing Presbyterian Healthcare Associates in Charlotte, alleging it violated the ADA when it refused to hire a phlebotomist with a creaky knee.

Not wrongful discharge: ‘You can’t fire me, I quit!’

05/31/2013
Good news: A court has cut off one path to a wrongful discharge case in North Carolina. While courts have allowed claims of wrongful discharge in violation of public policy, such lawsuits actually require that the employer fire the employee rather than merely threaten to do so.

Employee filed incorrect pay complaint? It’s still protected

05/31/2013
Here’s a new twist on protected activity and retaliation: Apparently an employee can complain about wage-and-hour issues to the wrong agency—even one that has nothing to do with enforcing labor laws—and still gain protection from retaliation.

Offering settlement or severance? Don’t forget special ADEA rules

05/31/2013
If you plan to offer an employee age 40 or older a severance payment in exchange for promising not to sue, don’t forget to include Age Dis­­crimi­­na­­tion in Employment Act review-and-consult language in the agreement. The ADEA has very specific requirements for allowing the employee to show severance agreements to an attorney before signing.

Will contempt order melt DQ’s resolve not to pay?

05/31/2013
Back in December 2011, the operator of a Dairy Queen restaurant in Winston-Salem’s Hanes Mall agreed to settle an EEOC lawsuit involving a teen worker who claimed she was retaliated against for complaining about sexual harassment. But nothing happened, so a year and a half later, the EEOC decided to up the ante.

Disabled worker can’t perform? OK to terminate

05/31/2013
Sometimes, it’s obvious that a disabled employee isn’t going to be able to perform her job, with or without accommodations. As long as you have documented your efforts to help, rest assured a court probably won’t fault you for terminating the employee.