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Employment Law

Worth your while: Proactive review of wage-and-hour issues

02/26/2009

Nothing—not even a sexual harassment suit or EEOC investigation—will consume as much of your time as a class-action overtime lawsuit. Your best bet: Thoroughly review your pay practices to make sure you aren’t making any wage-and-hour mistakes. Do that before the litigation hits.

N.C. appeals court ruling: Noncompete clause goes too far

02/26/2009
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Moody’s predicts N.C. job loss in 2009, recovery in 2010

02/26/2009

Economists at Moody’s predict North Carolina jobs will fall by 1.6% in 2009. The steepest declines are anticipated in construction (down 9.3%), manufacturing (– 4.3%) and financial activities (– 2.9%). There will be a few bright spots in the state’s job market, though.

Poor worker training cited in case involving heat death

02/26/2009

In 2004, two men were fixing a pump at a plant when one of them complained of being hot and not feeling well. The other man took him to his car and returned to work on the pump. When he checked on the ill man 45 minutes later, he found him slumped over the wheel. He had died.

EEOC sues Mount Airy firm for religious discrimination

02/26/2009

The EEOC has filed a lawsuit against a Mount Airy carport dealer, claiming the employer allowed employees to mock a co-worker because of her religion and that supervisors didn’t respond when she complained.

Discrimination: Who is disabled under North Carolina state law?

02/26/2009

As time has passed, the North Carolina Persons with Disabilities Protection Act has evolved to cover more disabled North Carolinians. For example, the first version of the law excluded “working” as a major life activity, thus preventing coverage for those who might not be able to work without substantial accommodations. In 1999, the Legislature added “working” as a major life activity …

What factors should we weigh when deciding whether to offer severance package?

02/26/2009

Q. We are downsizing and letting go a long-time employee. We want to help her out by giving her a severance package. What should we consider?

Will I get into trouble for withholding final paychecks from soon-to-be-former employees?

02/26/2009

Q. We’re closing our doors and firing all of our employees. As president, I am considering not paying my employees their final paychecks, even though they have earned that pay. Is this a risk?

Can I convert part-timers to contractors?

02/26/2009

Q. Payroll taxes are hurting our bottom line. May I convert part-time bookkeepers to "1099" employees?

Lost in MySpace: Know the law before searching web for applicant info

02/24/2009

Many of the millions who post information online never think a potential employer might read what they post. Meanwhile, employers believe that if the information is available online for the viewing, they have an obligation to look. However, several laws may restrict how you conduct the search or how you use the information.