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Employment Law

NC employees can win bigger windfall in harassment suits

10/01/2007

In North Carolina, it’s not just sexual harassment lawsuits brought under federal law that you have to worry about. Your organization could face state tort law claims, such as “intentional infliction of emotional distress” or “negligent supervision” if an employee’s behavior is extreme enough and management doesn’t take steps to stop it …

Pay correct, timely wages in NC or risk double damages

10/01/2007

North Carolina’s Wage and Hour Act says that if you fail to pay workers what they’re due, they can sue for those unpaid (or late) wages, plus a penalty of double what was due. Your only defense to double damages: proof that you acted in good faith and reasonably—a tough task …

Citigroup to pay $15 million for misleading retirement pitch

10/01/2007

The National Association of Securities Dealers (NASD) fined Citigroup Global Markets Inc. $3 million to settle charges of using misleading sales materials during retirement seminars for BellSouth employees in North Carolina and South Carolina. NASD also ordered Citigroup to pay $12.2 million in restitution, and it suspended three brokers who conducted the seminars …

To avoid safety violations, know NC’s top targets

10/01/2007

Last year, the North Carolina Department of Labor’s Occupational Safety and Health Division found more than 9,000 serious violations at nearly 5,000 workplaces. Here are the 10 most frequently cited serious violations in private-sector general industry, followed by the specific OSHA standard …

How to provide religious accommodations in NC workplaces

10/01/2007

North Carolina mirrors America’s growing diversity in many ways. Today, mosques occupy old churches, co-workers wear burqas and yarmulkes, and some employees request “prayer breaks.” Religious diversity is a reason for celebration, but it also presents challenges in the workplace …

You can pro-Rate bonuses based on FMLA leave time

10/01/2007

Does your organization offer a bonus plan that rewards workers for their productivity? If so, be sure to avoid a surprisingly common mistake that’s tripped up many Indiana employers: incorrectly structuring the bonus plan—or making deductions from bonuses—in a way that violates the FMLA. A new Indiana court ruling shows how an organization can legally pro-rate an employee’s bonus …

Lake County learns the hard way that ‘Pre-Work’ still counts as work

10/01/2007

Lake County will be forced to defend a lawsuit filed by several corrections officers who allege the county violated federal pay rules by requiring all corrections officers to report for work 15 minutes early for roll call …

Fort Wayne dealership must pay $1.1 million for retaliation

10/01/2007

Mid-State Motors of Fort Wayne will pay $1.1 million to a former sales manager for retaliating against him after he filed an EEOC complaint. The sales manager, Trent Chapin, was replaced by a Pakistani Muslim employee shortly after a new Pakistani general manager took over the dealership …

South Bend contractor hit with max fine for fall-Protection error

10/01/2007

OSHA inspectors slapped steel contractor National Store Fixtures Division of United Fixtures in South Bend with a $79,500 fine for failing to protect workers at a construction site last year. Following a tip, OSHA conducted a site inspection and found employees working more than 15 feet off the ground without fall protection while installing steel walls …

Union membership in Indiana projected to fall below 10%

10/01/2007

Union membership nationwide has been on a steady slide for the past 40 years and Indiana is no exception. A new Indiana Department of Labor report shows that only 12.5% of workers in Indiana are members of a labor union, down from more than 40% in the mid-1960s. The report predicts that the percentage will fall to 9.5% by 2010 …