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Employment Law

Establish clear discipline policies–and follow them for every employee, every time

03/29/2012
You’ll rarely lose a termination-related lawsuit if your handbook contains clear rules that you follow consistently. That’s because when everyone who breaks the same rule is equitably disciplined, fired employees will have a hard time finding ­workers outside their protected class who were treated more favorably than they were.

Foreign-born worker sues? Know difference between national origin and immigration status

03/29/2012
While it is illegal to discriminate against an individual based on his or her national origin, that doesn’t mean that discrimination against someone based on her immigration status is forbidden. That’s because immigration status isn’t tied to a particular national origin.

Exclude FMLA leave from attendance discipline

03/29/2012

Here’s a basic way to avoid FMLA trouble: Before punishing an employee for poor attendance, double-check whether any of the time she’s missed was for FMLA leave. That way, there’s no question about whether FMLA leave was a factor in discipline.

Harassment after off-site party: Must we investigate?

03/29/2012
Q. We have an annual off-site company party, with alcohol. We pay for half the hotel room cost if people want to stay over. An alleged harassment event occurred in a hotel room around 2 a.m. What is our potential liability? And do we have to investigate the complaint … ?

Employee making threats? Know how to legally handle explosive situation

03/28/2012

Some employees are simply difficult to manage. They start arguments and may see harassment or discrimination at every turn. Sometimes they cross a line, implying they could get violent. How you handle their complaints can spell the difference between winning and losing a lawsuit.

Follow 4 tips to comply with FLSA’s overtime regulations

03/27/2012
The FLSA sets strict rules for how you pay employees, including who can earn overtime pay and how much it must be. Fail to follow them and you could wind up on the losing end of a lawsuit, potentially liable for millions of dollars. Make sure your organization establishes practices and procedures that prevent overtime mistakes. Four important tips:

FMLA: It’s not your job to decide whether relative needs your employee’s help

03/26/2012
The FMLA does not give employers the right to decide that an employee’s sick relative has enough assistance and doesn’t need your employee’s help. That argument won’t fly—from a compassion or legal perspective.

Donor’s gift causes OSHA fines for fire department

03/23/2012
The Indian Beach-Salter Path Fire Department faces $10,838 in fines after state OSHA inspectors learned that firefighters had removed 120 ceiling tiles that contained asbestos from a mobile home a citizen had donated for use in the department’s training program.

Greensboro mulls settlement in race discrimination lawsuit

03/23/2012
The city of Greensboro is considering an offer to settle a racial discrimi­­na­­tion lawsuit filed by longtime athletic director Jean Jackson. Jackson, who is black, claims the city regularly promotes white employees to management jobs without openly advertising the positions.

Rocky Mount company faces huge pay lawsuit in California

03/23/2012
Rocky Mount-based Premier Ware­­housing Ventures is being sued over pay practices at its former facility in Jurupa Valley, Calif. Premier no longer operates the facility, but current and former employees have filed a lawsuit alleging wage-and-hour violations dating back to 2003.