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Employment Law

Is it illegal for employees to use cell phones while driving?

10/24/2008

Q. Our employees often use their cell phones when driving vehicles. Does North Carolina prohibit or limit cell phone use while driving?

How will the election affect employment law?

10/23/2008

More than 60% of corporate counsels expect the election to have an impact on employment laws at their companies, according to a survey by The Association of Corporate Counsel.

Layoffs: The right way to prepare and execute

10/23/2008

The U.S. economy was already on the brink last month when the Wall Street-fueled financial crisis came and pushed it over the edge. Organizations nationwide are being forced to slash costs, which often means cutting payrolls. Too often, however, employers make tactical errors during layoffs. Here are six key steps to help keep layoffs as legally painless as possible:

PERA doesn’t permit private harassment suits

10/22/2008

Recently, attorneys have been trying out a different tactic when employees have waited too long to file sexual harassment and other discrimination claims under either the federal Title VII or the Pennsylvania Human Rights Act.  They’ve tried suing the employer under the Pennsylvania Equal Rights Amendment. Now the Pennsylvania Superior Court has nixed that avenue …

If FMLA is issue, log time of firing decision

10/22/2008

Employers that can show they had decided to terminate an employee before they knew he needed FMLA leave aren’t liable for interfering with that leave. But don’t think you won’t be challenged on your timing. That’s why you must make sure you can prove exactly when you made the decision …

With security like this, who needs thieves?

10/22/2008

A crack trio of loss-prevention officers hired by Nordstrom in King of Prussia has been arrested for allegedly operating a theft ring. Rozita Davani, former loss-prevention manager, along with Marguerite Willis and Athina Theodoridis, former loss-prevention agents, allegedly began stealing from the store’s mailroom in May …

Demand medical information before considering employee’s accommodation request

10/22/2008

Employees who want their employers to make reasonable accommodations for their disabilities must let their employers know they need accommodations. But some employees don’t want to provide a lot of medical information and may stall the process while they make numerous accommodation suggestions …

OK to fire employee who lies about FMLA absence

10/22/2008

Employees sometimes don’t want to give their employers personal details about an illness or a condition that may be covered by the FMLA. But if you find out they lied about the nature of their health problems, you can fire them for violating your honesty policy.

Government workers’ ‘free speech’ might be nothing more than insubordination

10/22/2008

Public employees are protected from being fired for exercising their right to free speech—but government agencies still have the right to manage their workforces. Those rights may clash when a public employee complains about how she is supposed to do her job …

Employees may sue for alleged pay promises

10/22/2008

You may not have to pay employees for every task they perform while getting ready to start their shifts. But if those employees can prove you told them they would be paid for that time, you may be liable.