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Employment & Labor Insider

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Category Archives: Workers’ Compensation

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NC “employee classification” law warrants caution but doesn’t change substantive law

Posted in Contingent Workers, Independent Contractor, Unemployment, Wage-Hour, Workers' Compensation
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 Carolina… Continue Reading

It’s SUMMER! Top 4 ways employers can get burned

Posted in Gender Identity Discrimination, Harassment, HR, Wage-Hour, Workers' Compensation
We officially entered the season of summer this week. What are the most common ways employers can get burned? I can think of four right off the bat. (In the 1960s, melanoma was cool.) Sexist air conditioning. It seems like a long time since we’ve read anything about this employment law “issue.” The idea was that… Continue Reading

“The Bermuda Triangle” ADA-FMLA-Workers’ Comp Quiz

Posted in Americans with Disabilities Act, Family and Medical Leave Act, HR, Workers' Compensation
(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. Concurrently… Continue Reading

10 habits of highly effective HR professionals (April Fool’s edition)

Posted in Americans with Disabilities Act, Corporate Culture, Discrimination, Elections, Employment at Will, Equal Pay, Family and Medical Leave Act, Harassment, HR, Labor Relations, Politics, Protected Concerted Activity, Retaliation, Safety, Wage-Hour, Workers' Compensation
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 Workplaces Rule.… Continue Reading

Enforcement date of OSHA rule delayed again — until December 1

Posted in Drug Testing, Retaliation, Safety, Workers' Compensation
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… Continue Reading

It’s the 2015 workplace holiday party quiz!

Posted in Discrimination, Harassment, Independent Contractor, Off-Duty Conduct, Sexual Torts, Wage-Hour, Workers' Compensation
Chanukah starts at sundown this Sunday, and Christmas is only three short weeks away. Can you throw a workplace holiday party that won’t result in a lawsuit? It has been ages since we’ve had a quiz. Let’s do it! For more on this topic, please listen to the webinar on holiday parties that I did yesterday… Continue Reading

BEFORE YOU FIRE: 20 questions every employer should ask

Posted in Americans with Disabilities Act, Discrimination, Employment at Will, Evidence, Family and Medical Leave Act, Harassment, Labor Relations, Protected Concerted Activity, Retaliation, Safety, Settlements, Unemployment, Workers' Compensation
So you think you’re ready to terminate an employee. Are you really? Here are 20 questions that every employer should ask itself before going ahead with a termination. If you think I’ve missed anything, please feel free to add your own in the comments. GETTING STARTED No. 1. Is the employee covered by a collective bargaining agreement?… Continue Reading

When terminating an employee, is a clean break better than a long limbo?

Posted in Americans with Disabilities Act, Discrimination, Employment at Will, Workers' Compensation
If you have a poor performer, is it better to make a clean break and fire him, or is it better to prolong his (and your) agony? That is obviously a biased question, but some employers will do almost anything to avoid firing an employee, including the following: Nothing Issue 8 bazillion warnings but never act on… Continue Reading