On August 11, Gov. Roy Cooper signed into law the North Carolina Employee Fair Classification Act. The portion of the legislation that deals with worker classifications will take effect December 31.
The legislation does not change existing definitions of “employee” and “independent contractor” under state law but creates an Employee Classification Section of the North ...
(DEAR READERS: I know that using "Bermuda Triangle" to refer to issues involving the Americans with Disabilities Act, the Family and Medical Leave Act, and workers' compensation is corny, trite, stale, and overdone. But I'm being ironic, so it's ok.)
No. 1: FMLA leave can run _____________ with workers' compensation leave.
A. Consecutively
B. Conformity
C ...
DEAR READERS: Before you accuse me of legal malpractice, take a look at tomorrow's date.
Habit 1: Discriminate, retaliate, harass -- have a ball! There's a new sheriff in town, with a more employer-friendly, compliance-assistance-oriented U.S. Department of Labor (we think) and the nullification of burdensome regulations like the gone-and-not-lamented Fair Pay and Safe ...
The Occupational Safety and Health Administration has delayed for a second time the enforcement date of its new "Reasonable Reporting Procedure" rule as it pertains to post-accident drug testing and safety incentive programs. The new enforcement date for the rule is December 1.
The rule was scheduled to take effect on August 10, and then OSHA extended the ...
An article by Lauren Weber and Rachel Feintzeig in Tuesday's Wall Street Journal caught a lot of attention -- it was about companies that have made the decision to do without a Human Resources function.
The idea drew some positive response on Twitter:
HR stifles innovation and bogs down businesses with inefficient policies and processes. http://t.co/5cGRIwHaxR— Mike Brice ...
We're already into the seventh day of Chanaukkah, and Christmas is only eight short shopping days away ("I've gotta get that football helmet!"), so it must be time for a post on how employers should handle the holidays in the workplace.
Suzanne Lucas of The Evil HR Lady has a depressing-but-funny post about the lamest employee Christmas gifts ever.
And, only slightly off-topic, you may ...
I was off enjoying the Florida sunshine last weekend while learning the latest techniques in pettifoggery and obfuscation (kidding!), but I hope I'll be making up for it today with a good case answering the musical question: "What does an employer do when it finds out that its employee on 'medical leave' is actually doing stuff?" You know, like working another job, or hanging out at the gun ...
A couple of interesting gems I got this week from other people (thanks, you guys!):
Pro hac vice statements defeat summary judgment! A federal judge in North Carolina denied summary judgment to a law firm who was sued by an associate for wrongful discharge based on race. Although the law firm's evidence showed that the associate was a poor performer, the judge found that statements made ...
Don't eat that pretty red apple, Snow White!!! It has poison in it!!!!
You know the old saying, "If it seems too good to be true, it probably is"? Well, it appears that this may be the case with the new "sweet deal" the Internal Revenue Service is offering to employers who agree to reclassify their "independent contractors" [sic] as "employees" in exchange for some admittedly generous ...
Over the next 7 business days, I'll have a series of short posts addressing common questions that employers have about the law. If there is an "FAQ" that you would like for me to address, please let me know in the comments box.
I may also have more in-depth postings as circumstances warrant.
Employer FAQ No. 5: Is there any difference between light duty and reasonable accommodation?
Most of ...
Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act).
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