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Employment Law

Is comp time legal in lieu of overtime?

04/25/2008
Q. Can our company legally offer comp time instead of overtime? I’ve received conflicting answers. …

Do we have to provide a job application even if we’re not hiring?

04/25/2008
Q. If we don’t have a job opening, are we required to hand out applications to anyone who asks? Or can we just say that we’re not taking applications at this time? …

Does your workplace need an employee civility code?

04/24/2008
If it seems like you’re hearing more vulgar words and behavior spewing forth from employees these days, you’re not alone. It may be time to draft a simple employee civility policy or code of conduct that is separate from your harassment policy. Such a policy gives you more legal leverage to discipline employees who are equal-opportunity verbal abusers. It could protect you if you’re ever sued …

Federal minimum wage takes another jump on July 24

04/24/2008
On July 24, the federal minimum wage will take the second step in its three-step increase. The wage floor will rise from its current $5.85 per hour to $6.55 per hour …

Most workers have just 180 days to file discrimination charges

04/23/2008
Good news for North Carolina employers: Most employees have just 180 days to file discrimination claims against their employers. That applies to all employees except those who work in New Hanover County or for the state of North Carolina. Those employees have 300 days to file …

Treat all harassers equally, regardless of their sex

04/23/2008
In what may be a sign of growing equality, more men are complaining about sexual harassment by their female co-workers and supervisors. Although female harassers may still be in the minority, that’s no reason to dismiss claims that men make …

Gender barriers falling? Ensure equal treatment for both sexes

04/23/2008
Some jobs are still dominated by either men or women, and those employees may not welcome with open arms the first member of the opposite sex. Before dumping the new employee into the workplace, make sure you do everything you can to ensure equal treatment in all important aspects of the job. Otherwise, you may find yourself facing a lawsuit over unequal treatment …

Don’t stop at religious accommodation; end harassment, too

04/23/2008
Many organizations pride themselves on offering religious accommodations. But some may be a little too quick to pat themselves on the back. It’s not enough to simply offer religious accommodations such as flexible schedules or shift swapping to allow worship or even prayer breaks …

Make sure job descriptions, handbook include reasonable work expectations

04/23/2008
To win a discrimination lawsuit, employees must be able to show they met their employers’ reasonable expectations. If they weren’t doing their jobs, then it’s difficult to blame any adverse employment action on discrimination. That’s one reason job descriptions and employee handbooks should include examples of reasonable expectations …

Employee who’s suing files for bankruptcy? It just got easier to settle your case

04/23/2008
Employees who sue their employers for discrimination often find themselves in dire financial straits. Many file for bankruptcy in an effort to stop bill collections, repossessions and foreclosures. When they do, there’s a bonus for employers that want to settle the lawsuit and move on …