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Employment Law

Ledbetter law doesn’t apply to state pay claims

10/05/2012
Under the federal Lilly Ledbetter Fair Pay Act of 2009, employees who believe their paychecks reflect a discriminatory pay decision made years or even decades ago can still sue. But that principle doesn’t apply if an employee pursues a state pay discrimination claim under the Texas Commission on Human Rights Act.

Tell supervisors: Never discourage employees from taking FMLA leave

10/05/2012
When employees take FMLA leave, it can cause major headaches for their supervisors. But displays of frustration—and subsequent discipline or comments at work—may be interpreted by employees as retaliation for requesting the FMLA leave.

North Carolina forms task force on worker misclassification

10/02/2012
Gov. Beverly Perdue has issued Executive Order 125 establishing a task force to address concerns that North Carolina em­­ployers are allegedly misclassifying employees as independent contractors to avoid obligations under federal and state laws, including laws governing wage-and-hour issues.

Employee wouldn’t dance to Bojangle’s manager’s tune

10/02/2012
A Greensboro-area Bojangle’s restaurant has agreed to pay $33,426 to a former female employee after she was harassed, retaliated against and fired for refusing her manager’s advances.

Health care firm faces possible FLSA class action

10/02/2012
A lawsuit against home health care and hospice provider Amedisys seeks national class action status and challenges the way the company pays its visiting nurses and home health care aides. The company operates in 41 states, including North Carolina.

EEOC cracks down on owner at Lexington’s Silver Diner

10/02/2012
Lexington’s Silver Diner faces an EEOC lawsuit alleging sexual harassment and retaliation against a former employee.

Know GINA rules on liability, EEOC prerequisites

10/02/2012
Good news for employers and supervisors worried about whether the Genetic Information Non­dis­­crimi­­na­tion Act expands individual liability and allows employees direct access to court. The answer is no.

Not every work problem amounts to discrimination

10/02/2012
Life can be unfair and the workplace is no exception. Sadly, employers can’t stamp out all unfairness.

Does North Carolina law protect workplace interracial relationships? Federal court punts

10/02/2012
A federal court has sidestepped the question of whether workplace discrimination based on participation in an interracial relationship is illegal under the North Carolina Equal Employment Practices Act.

Try to accommodate chemically sensitive worker–but don’t be surprised if it’s impossible

10/02/2012
Some people claim they are ex­­tremely sensitive to chemicals and that their condition is a disability that must be accommodated under the ADA. Employers then have no choice but to start the interactive accommodations process. But if the list of chemicals is long and if it’s impossible to remove them from the work environment, you can try your best and may still have to admit defeat.