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Compensation & Benefits

Employees, IRS challenge FedEx’s driver classifications

07/28/2008
Present and former FedEx Ground/Home Delivery drivers are eligible to join a class-action suit that challenges the company’s long-standing practice of classifying drivers as independent contractors. The suit—which more than 27,000 drivers could join—argues that they are employees …

No workers’ comp just because your job drives you crazy

07/25/2008
Any job can be stressful, but some employees claim their jobs literally are making them crazy. But does that mean that employees whose jobs drive them nuts have an occupational disease? If so, are they entitled to workers’ compensation benefits if they cannot work anymore? Those are some of questions the North Carolina Supreme Court considered in a recent landmark decision …

Workers’ comp disability doesn’t mean automatic ADA coverage

07/25/2008
Employees receiving partial workers’ compensation benefits based on job-related injuries might think they are automatically entitled to reasonable accommodations under the ADA, too. But that’s simply not true. In fact, the ADA requires an individualized assessment. Receiving workers’ compensation isn’t enough …

States settle deceptive practices lawsuit against Express Scripts

07/25/2008
Pharmacy benefits management giant Express Scripts Inc., has agreed to pay $9.5 million to 28 states, including North Carolina, to settle lawsuits alleging deceptive business practices ..

You could be personally liable for injuries under N.C. workers’ comp law

07/25/2008
On-the-job injuries generally are covered by the North Carolina Workers’ Compensation Act and the required workers’ compensation insurance. That means employers are not liable for negligence, and that employees receive benefits under the act whether or not their employers were negligent and whether or not the employees were contributorily negligent. But in certain cases the employer and its managers—as well as co-workers—can be liable for certain workplace injuries …

Can FMLA leave run concurrent with workers’ comp?

07/25/2008
Q. May I treat as being on FMLA leave an employee who is absent with an injury covered by workers’ compensation? …

We overpaid! Can we get the money back?

07/25/2008
Q. My company accidentally overpaid two employees last pay period. How may we recoup that overpayment? …

Bargaining or bribery?

07/25/2008
After several months of wrangling with the State Employee Association of North Carolina (SEANC) over a records request, State Treasurer Richard Moore upped the ante in June by accusing the association of attempted bribery …

What to do when employee is caught stealing

07/25/2008
Q. While a manager at one of our locations was on vacation, we performed an audit of her books and discovered that she had written unauthorized checks to herself totaling $25,000. We intend to confront her and terminate her. What else should we do? …

OK to refuse to pay unauthorized overtime?

07/25/2008
Q. We have a company policy forbidding unauthorized overtime in a workweek. May I refuse to pay overtime to an employee who works overtime without authorization? …