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Q&A

How should employers handle new hands-free cell phones law?

07/01/2008

Q. What are employers’ obligations under the new law requiring drivers to use hands-free cell phones? …

How should we pay exempt employee who was terminated midway through the week?

07/01/2008
Q. We recently terminated an exempt employee halfway through a workweek. Given the Fair Labor Standards Act requirement that exempt employees must be paid on a salary basis, are we required to pay the employee for the entire week?

Can we replace a worker who is out on pregnancy disability leave?

07/01/2008

Q. One of our employees is on pregnancy disability leave. We are a small company and it will be difficult for us to keep her position open. May we hire another worker to replace her based on this hardship? …

Paying for noncompete agreement?

07/01/2008
Q. We are a small company that has to aggressively market ourselves to our customers in order to compete with larger suppliers. To protect our client base, our COO wants to require our sales force to sign a noncompete/
nonsolicitation agreement. If we want our salespeople to sign off on a noncompete agreement, do we have to give them anything in exchange, like a bonus? …

How long must we retain employee records?

07/01/2008
Q. How long should a company keep its basic employment records once an employee has been terminated? …

Repeating sexual harassment training

07/01/2008
Q. How often should a company conduct sexual harassment training for its supervisors? …

Unmarried co-Workers, childbirth and FMLA leave

07/01/2008
Q. Two of our employees (they aren’t married) are having a child together. I know that spouses who are employed by the same company have to share the 12 weeks of FMLA leave following the birth of a child. How does it work for unmarried parents in a workplace? …

How much leeway do employers have to prohibit handguns at work?

07/01/2008
Q. We have an employee who has a permit to carry a concealed handgun. Can we prohibit him from bringing his handgun to work? …

What North Carolina laws affect employer substance abuse policies?

07/01/2008
Q. We are considering implementing a substance abuse policy. Are there any North Carolina regulations concerning such policies? …

State law’s effect on AIDS in the workplace

07/01/2008
Q. Does North Carolina have any laws concerning AIDS in the workplace? …