What can you do if you contract COVID-19 while on the job? Even though you can file a workers’ compensation claim, you still have to prove how you contracted the virus. Those who have a greater exposure at work are more likely to qualify for workers’ compensation benefits than those who have the same likelihood of contracting the virus as the general public.
NC Employment Law Blog
COVID-19, also know as the CoronaVirus, is creating uncertain and unprecedented working conditions for employees. Workplaces are shutting down and temporarily laying off workers leaving many people with unanswered questions about their income and employment status. Many of these questions relate to the legality of situations. We’ve taken time to answer some frequently asked questions to ease your worrying during this troubling time.
Financial Struggles Due to COVID-19 Concerns? Unemployment Benefits May be Saving Grace for North Carolinians, But More Action is Needed
Given the recent pandemic due to COVID-19, many employees are concerned about their ability to earn an income if their workplace shuts its doors, or even if their hours are simply reduced – and rightfully so. Unfortunately, the law has some significant gaps when it comes to addressing such questions as these are unprecedented times that the law had not yet contemplated.
“Shifty” Employers Beware – inconsistent explanations for termination can prove discrimination even without “smoking gun”
The United States Supreme Court long ago realized that discrimination in the workplace occurs beneath the surface, as subtle as it is pernicious. How does a victim of discrimination prove the discrimination occurred when there is no smoking gun email or admission by an employer? The Supreme Court’s decision in McDonnell Douglas Corp. v. Green, […]
Employers increasingly use artificial intelligence (“AI”) hiring programs to weed out applicants. These programs are the beginning stages of automating the recruiting arm of human resources. Learn how AI recruiting software and using artificial intelligence in the hiring and selection process can discriminate against applicants in protected classes.
Unfortunately, determining whether is a worker is legally an employee or an independent contractor is not always easy. Different laws use different tests to determine whether a worker is an employee of an independent contractor. However, the tests have a few things in common. First, the worker’s agreement that he is an “independent contractor” rather […]
One of the most significant decisions a company makes about a worker is how to classify the worker. Is the worker an “independent contractor” or “subcontractor”? Or is the worker an “employee”? While these terms are often used interchangeably, the legal difference is significant. Generally speaking, employees have far more legal rights than independent contractors. […]
Most people who have to take a medical leave from work are under the impression that they are a “protected” employee and that their jobs are secure. But this is often not the case for many folks returning to work from paid leave.
Practitioners in our field have grown accustomed to seeing others’ dismay as they discover that Title VII does not bar sexual orientation discrimination, but now it has changed. On April 4, 2017, the full 7th Circuit U.S. Court of Appeals, in an 8-3 decision, ruled that sex discrimination extends to sexual orientation.
The repeal of House Bill 2 ends a year of high drama in The Old North State, but many challenges remain for the LGBTQ community. Gone is the most odious provision of this notorious law. The clause prohibiting anyone from using a restroom other than that which corresponds to their birth certificate is history.
Fifth Circuit Rules Retaliation Provision of the Fair Labor Standards Act Permits Recovery for Emotional Distress Damages
A Texas man struck gold last week with the Fifth Circuit’s decision that the Fair Labor Standards Act (the “FLSA”) allows retaliation victims to recover emotional distress damages.
Dos Equis beer maker Cuauhtémoc Moctezuma Brewery doesn’t always discriminate, but when it does, it appears to do so on the basis of age. Last week, the beer maker announced that it was replacing its 77-year old most interesting man spokesman, Jonathan Goldsmith, with 41-year old French actor.