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Employment Law

Unbiased investigation stops retaliation suits

07/23/2010

Complaining about things like pay disparities and other alleged acts of discrimination doesn’t make an employee immune from discipline. But if the timing between the complaint and the discipline is too close, watch out for a retaliation lawsuit. Make sure that doesn’t happen by setting up a process in which disciplinary recommendations are based on an independent investigation.

May we check an employee message sent from work to his personal e-mail?

07/23/2010
Q. One of our sales managers thinks a salesperson has been e-mailing confidential customer information to his personal e-mail address. Can we review the salesperson’s sent-messages file on the company’s e-mail server to see what he has been sending out?

Can we use GPS cell phones to track employees without telling them?

07/23/2010
Q. Our employees have company-issued cell phones with global positioning systems capabilities. Can we use the GPS to track employees’ movements without telling them we are doing so?

Are there privacy concerns when I use social media to check out applicants?

07/23/2010
Q. Am I invading applicants’ privacy by reviewing their Facebook, MySpace, blogs and Twitter feeds?

Am I allowed to check social media web sites for information on job applicants?

07/23/2010
Q. Is it OK for me to consider information about a job applicant that I learn by using Google, viewing Facebook pages and reviewing Twitter feeds?

How to comply with new lactation break and facility rules

07/23/2010
Hidden deep within the recently enacted health care reform legislation is a provision that garnered neither debate nor controversy in the media or the halls of Congress. The law amends the FLSA to require large employers to provide lactation breaks and facilities for employees who are breastfeeding.

Greensboro pastors side with suspended police captain

07/23/2010

According to a group of black ministers, Greensboro Police Department Capt. Charles Cherry is being punished for helping black officers file race discrimination complaints. The group, called the Pulpit Forum, held a news conference expressing its support for Cherry, who is black.

Charlotte company learns the hard way: You will pay for bias

07/23/2010

Junior Revels, age 76, has been a diesel mechanic for a long time. So long, in fact, that when he applied for a job at Southern Metals in Charlotte, the company flat out told him it had decided to hire someone younger. Bad move.

No workers’ comp needed for smallest of small businesses

07/23/2010
The Court of Appeals of North Carolina has ruled that employees who seek workers’ compensation have to show that their employer was a covered employer. That means they must show that the business had three or more regular employees.

You’re not responsible for clocked-out employee

07/23/2010
Employers are liable for damage their employees cause when they hurt customers or bystanders. That’s not the case, however, when those employees are off duty.