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Employment Law

Motel cleaned up at housekeepers’ expense

11/30/2012
Veer Investments—which ­operates an America’s Best Value Inn & Suites motel in Charlotte—careened wildly off course when it decided to ignore almost all the basic requirements of the Fair Labor Standards Act.

Overtime settlement puts dent in body shop’s profit

11/30/2012
Jacksonville-based Brynn Marr Body Shop has agreed to settle overtime complaints filed by 15 employees, following an investigation by the U.S. Department of Labor’s Wage and Hour Division.

Winston-Salem DQ not so sweet to teenage worker

11/30/2012
YS & J Enterprises Inc., operator of the Dairy Queen at the Hanes Mall in Winston-Salem, will pay $17,500 to a former employee who was fired after she complained about sexual harassment by a male co-worker.

DOJ files USERRA complaint against Warren County schools

11/30/2012
The U.S. Department of Justice has filed suit against the Warren County Board of Education, claiming it ­violated the USERRA when it refused to reinstate an assistant principal, a 20-year veteran of the Army Reserve who had been called to active-duty service in Kuwait and Afghanistan.

Request accommodations info after FMLA leave expires

11/30/2012
Employees who run out of FMLA leave may still be eligible for additional time off under the ADA if their condition qualifies as a disability.

If employee loses workers’ comp appeal, don’t be shy about asking him to pay legal fees

11/30/2012

Congratulations! You just won a workers’ compensation case because you had strong evidence that the employee’s injury wasn’t caused by anything that happened at work. Now get ready for round No. 2. If the employee appeals, be sure to ask for attorneys’ fees.

Exempt or nonexempt? Forget 50% rule for store managers who must multitask

11/30/2012
Good news for employers that list store managers as exempt even though they spend 50% or more of their time engaging in mundane tasks like stocking, running registers and assisting customers. Managers may be multitasking but that doesn’t mean they’re nonexempt.

Erratic employee veering toward violence? Request fitness-for-duty exam, fire if he refuses

11/30/2012

Sometimes, it becomes clear to a supervisor that an employee is acting strangely. The employee may be cranky, argumentative and unpleasant to co-workers and supervisors. He may register repeated complaints about discrimination or other ill treatment. And he may make threatening comments. If that happens, play it smart.

EEOC bias complaints near record high in 2012

11/30/2012
U.S. employees filed 99,412 charges of job discrimination with the EEOC in fiscal year 2012, which ended Sept. 30. That’s just 535 fewer than were filed in 2011, when the commission handled the most bias complaints in its 47-year history.

Employee is own lawyer? NC law on your side

11/30/2012
North Carolina’s employment and discrimination laws would appear to give em­­ployees many ways to sue their employers. Fortunately, each has specific requirements, which means employees who act as their own lawyers will have a hard time using them to sue you.