Articles in regional publications that pertain to a wide range of North Carolina-related topics.
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for "Public Personnel Law Bulletin"
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Record #:
20734
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A number of significant bills dealing with personnel matters were introduced into the 1995 NC General Assembly, but legislators enacted only a few of them into law. These changes and other changes in the law governing the public personnel function at the state and local level are discussed in the bulletin.
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Record #:
20738
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This bulletin discusses actions of the 104th U.S. Congress affecting public personnel law and those of the 1996 session of the NC General Assembly. Unless otherwise noted each act of the General Assembly became effective upon ratification.
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Record #:
20739
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What predismissal hearing procedures must a government employer follow before firing an employee who has a constitutionally protected property interest in continued employment? In 1985 the U.S. Supreme Court considered this question in Cleveland Board of Education v. Loudermill. This bulletin discusses the Loudermill decision, examines the NC State Personnel Commission's regulations in implementing the Loudermill decision, surveys lower court decisions interpreting Loudermill, and reviews the requirements of an adequate predismissal hearing.
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Record #:
20724
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In 1994, the NC Supreme Court ruled that the city of High Point had no legal authority to pay its former employees an amount greater than that established by the state legislature. This bulletin discusses the basis for the court's ruling and offers some observations on its implications for local governments.
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Record #:
20737
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These three statutes have distinct purposes; however, despite this, all three laws can apply to the same case simultaneously. Workers' Compensation was created to provide prompt, sure, and reasonable income and benefits on a no-fault-basis to people injured on the job. The Americans with Disabilities Act was designed to prevent employment discrimination against qualified individuals with disabilities. The Family and Medical Leave Act was passed to protect the employment of workers who must take time off to care for their own medical needs or the needs of family members. This bulletin includes a chart that provides a comparative analysis of some of the keys provisions of these three acts.
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Record #:
20698
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Smallpox vaccination cannot be a job requirement for any employee--it is purely voluntary. The NC Workers' Compensation Act does not explicitly include and does not explicitly exclude complications resulting from smallpox vaccination received in the course of employment. This Bulletin provides guidance to managers who must answer employees' question about the vaccination.
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Record #:
20687
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The United States Supreme Court decided a record number of employment law cases in its 2001-2002 term. This Public Personnel Bulletin is the first of two that will discuss those decisions, and it focuses on four Americans with Disabilities Act (ADA) cases.
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Record #:
20688
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This Public Personnel Law Bulletin is the second of two discussing the employment law decisions issued by the United States Supreme Court during its 2001-2002 term. Part I discussed four Americans with Disabilities Act cases. This bulletin discusses six cases covering a range of personnel law issues.
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Record #:
20647
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This bulletin discusses implications of two 1998 Fourth Circuit Court of Appeals decisions dealing with the status of emergency medical technicians (EMTs) under the Fair Labor Standards Act (FLSA). In both cases, the counties relied on Section 7(k) of the FLSA in scheduling their EMTs, and the schedules were held to violate the Act. The Fourth Circuit also rendered a decision upholding the applicability of the fluctuating workweek to EMTs, however, and may have provided an alternative means for North Carolina counties to comply with the FLSA without incurring significant additional costs.
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Record #:
20635
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The Age Discrimination in Employment Act prohibits discrimination on the basis of age against individuals forty years old and above in all aspects of employment, applying to both government and private employers. Although the Act generally bars mandatory retirement, this bulletin explains how Congress modified the Act to permit such provisions for public safety personnel.
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Record #:
20689
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The U.S. Court of Appeals for the Fourth District, in an en banc ruling authorized by Judge Russell, announced a new standard for political firing cases with its decision on August 7, 1997 in Jenkins, et al. v. Medford. Bobby Lee Medford was Sheriff of Buncombe County, and after his reelection, he dismissed several deputies who had worked for his opponent. This bulletin summarizes the decision and its implications for NC officials.
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Record #:
20733
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On June 2, 1995, the NC Supreme Court handed down its decision in Clay v. Employment Securities Commission of North Carolina. The decision establishes how long an applicant for employment under the State Personnel Act to challenge his or her rejection as discriminatory. This bulletin summarizes the decision.
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Record #:
20686
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This bulletin summarizes the obligations of North Carolina public employers when employees leave to serve in the United States Armed Forces during a military mobilization.
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Record #:
20685
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This bulletin discusses whether a public entity can require random drug testing of employees of its independent contractors. Public entities see the drug testing as part of their efforts to improve workplace safety.
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Record #:
20725
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Beginning April 6, 1995, employers must comply with a new set of \"final\" rules issued by the U.S. Department of Labor to implement the Family and Medical Leave Act (FMLA). This bulletin provides an overview of some of the major revisions and clarifications.
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