Posts in 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 ...

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.

https://www.youtube.com/watch?v=Qtbhrq8JyBw

(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 office air conditioning ...

(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.

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Embrace the cliche!

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 ...

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Tommy Eden

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 ...

A number of employers and employer groups -- including the National Association of Manufacturers and Associated Builders and Contractors, Inc. -- filed suit last week in a federal court in Texas seeking to block parts of the new OSHA rule set to take effect in August.

UPDATE (7/14/16): OSHA has announced that it is going to delay enforcement of the anti-retaliation provisions of its ...

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 with Laura Kerekes and the excellent people at ThinkHR. The replay is available here.

So you think you're ready to terminate an employee. Are you really?

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"Uh-oh."

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? If so, make sure that whatever you do is ...

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 them
  • Offer a demotion, or a transfer to a less demanding job
  • Let the employee ...

Scary. Did you know that you could have workers' compensation liability for your employee's addiction to pain killers, or even an overdose, if the pain killers were being taken because of a workplace injury? Here's an eye-opening guide for employers from the National Safety Council, via Bloomberg BNA.

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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