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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 #:
20690
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This bulletin summarizes how federal courts in the Fourth Circuit and elsewhere have interpreted the Family Medical Leave Act (FMLA). It includes only Federal District Court and Court of Appeals cases.
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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 #:
20699
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New Fair Labor Standards Act (FLSA) regulations governing overtime pay exemptions for executive, administrative, professional, and computer employees will go into effect soon. This bulletin examines how the new regulations would affect state and local government employers in North Carolina.
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Record #:
20723
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The 1994 short session of the NC General Assembly significantly changed the state's workers' compensation law with the enactment of Senate Bill 906. The Bill makes major changes designed to strike a balance between employees' desire to protect their rights to compensation for workplace injuries and employers' goals of reducing lost work days and constantly rising medical costs. This Bulletin summarizes these changes.
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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 #:
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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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 #:
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 #:
20735
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Supervisors are becoming increasingly concerned about their potential personal financial responsibility for the wrongdoings of subordinates. The type of lawsuit most cited as the source of concern for most supervisors of public employees is the one based on the Civil Rights Act of 1871. While this concern is not without foundation, much of it is based on misinformation. The following bulletin aims to give public managers a basic understanding of how this law may be used to hold them personally liable for the acts of someone they are responsible for supervising.
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Record #:
20736
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On April 1, 1996, the U.S. Supreme Court handed down a unanimous decision in O'Conner v. Consolidated Coin Caterers Corp. As explained briefly in this bulletin, the Court's decision broadens the scope of the Age Discrimination in Employment Act of 1967 (ADEA) by permitting claims to be brought where both the employee adversely affected by a personnel decision and the employee who benefits from the decision are members of the protected class.
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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 #:
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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