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Employment Law

Employee makes outrageously bigoted comment? Treat that as an offense worthy of firing

10/05/2012
Here’s a cautionary tale about tolerating a racially hostile comment, yet then agreeing that the comment was outrageous. Employers can’t have it both ways. Either the comment was grounds for discharge or it wasn’t really that severe.

FLSA violations cost Houston restaurant $126,000

10/05/2012
Houston’s Ocean Palace Restaurant settled a “palace revolt” of sorts by paying the princely sum of $125,763 in back wages to 61 current and former kitchen and wait staff, cashiers, hostesses, runners, cart pushers, busboys and dishwashers.

Reality–not labels–determines worker status

10/05/2012
Under the FLSA, it’s not the job title or even some understanding between the employer and worker that matters, but business reality. If an employer controls how the job is done, chances are the worker is an employee covered by the FLSA and not an independent contractor.

Ledbetter law doesn’t apply to state pay claims

10/05/2012
Under the federal Lilly Ledbetter Fair Pay Act of 2009, employees who believe their paychecks reflect a discriminatory pay decision made years or even decades ago can still sue. But that principle doesn’t apply if an employee pursues a state pay discrimination claim under the Texas Commission on Human Rights Act.

Tell supervisors: Never discourage employees from taking FMLA leave

10/05/2012
When employees take FMLA leave, it can cause major headaches for their supervisors. But displays of frustration—and subsequent discipline or comments at work—may be interpreted by employees as retaliation for requesting the FMLA leave.

North Carolina forms task force on worker misclassification

10/02/2012
Gov. Beverly Perdue has issued Executive Order 125 establishing a task force to address concerns that North Carolina em­­ployers are allegedly misclassifying employees as independent contractors to avoid obligations under federal and state laws, including laws governing wage-and-hour issues.

Employee wouldn’t dance to Bojangle’s manager’s tune

10/02/2012
A Greensboro-area Bojangle’s restaurant has agreed to pay $33,426 to a former female employee after she was harassed, retaliated against and fired for refusing her manager’s advances.

Health care firm faces possible FLSA class action

10/02/2012
A lawsuit against home health care and hospice provider Amedisys seeks national class action status and challenges the way the company pays its visiting nurses and home health care aides. The company operates in 41 states, including North Carolina.

EEOC cracks down on owner at Lexington’s Silver Diner

10/02/2012
Lexington’s Silver Diner faces an EEOC lawsuit alleging sexual harassment and retaliation against a former employee.

Know GINA rules on liability, EEOC prerequisites

10/02/2012
Good news for employers and supervisors worried about whether the Genetic Information Non­dis­­crimi­­na­tion Act expands individual liability and allows employees direct access to court. The answer is no.