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Employment Law

N.C. teachers have 2 shots at appealing contract nonrenewal

04/27/2012
North Carolina teachers whose contracts aren’t renewed by their school districts have the right to challenge those decisions in state court. That doesn’t mean they give up their right to sue later in federal court. In effect, teachers get two bites at the apple.

Appeals court: Attorney fines OK to stop frivolous lawsuits

04/27/2012
Here’s some good news that may mean fewer frivolous lawsuits against employers. The 4th Circuit Court of Appeals has upheld a fine against attorneys who pursued a frivolous lawsuit against an employer.

Easy way to stop most harassment claims: Respond ASAP when employee first complains

04/27/2012
The key to preventing most har­­assment lawsuits lies in properly handling the situation when you first learn of a problem. A quick and effective response that stops the hostility right away is essential.

Beware minimum wage, OT violations–you could owe double damages, and more

04/27/2012
Here’s an incentive to make sure you pay employees properly: Failing to pay minimum wage or overtime may mean a lawsuit that goes back three years. Plus, winning employees receive twice what they were owed—and their attorneys collects legal fees commensurate with their time and effort.

EEOC lawsuit shows ADA mental disability peril

04/27/2012
Golden Living Center, a nursing home in Dartmouth, faces an EEOC disability discrimination lawsuit in a case that highlights the difficulty of dealing with mental disabilities under the ADA.

Beat bias suits with good business reasons

04/27/2012
It’s critical to base every employment-related decision on sound business reasons. It’s the only way to protect against lawsuits from employees who blame discrimination for every problem at work.

States aim to bar employers from Facebook passwords

04/26/2012
Facebook says it’s seen “a distressing increase” in reports of employers seeking to gain access to employees’ profiles. Several states are taking action.

Transgender people are protected under job discrimination law, says EEOC

04/25/2012
In what transgender groups are labeling as an “historic” and “landmark” ruling, the EEOC said on April 20 that job discrimination against an employee or applicant based on the person’s gender identity is unlawful under the the federal job discrimination law …

Does USERRA require preferential treatment for veterans?

04/24/2012
For years, employers have struggled with how to re-­­­­­­­employ soldiers whose military duties have required them to be absent from work. The key question: Does the Uni­­formed Ser­­vices Employment and Re­­em­­ploy­­ment Rights Act (USERRA) make it mandatory to give rehiring preference to returning vets? Finally, courts have begun to bring clarity to the law.

Where can I find required posters?

04/24/2012
Q. We’ve received differing information on exactly what notices we’re legally supposed to post in our office. Where can I find a reliable listing?