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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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20636
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This bulletin briefly summarizes three United States Supreme Court decisions from 1997 that are of interest to public employers. The cases are Robinson v. Shell Oil Co., Board of County Commissioners of Bryan County v. Brown, and Auer v. Robbins.
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Record #:
20645
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Public agencies sometimes find themselves faced with allegations that employees have engaged in criminal misconduct, either on or off duty. What due process, if any, is due the employee who is to be suspended during the subsequent investigation? The United States Supreme Court has answered this question with its decision in Gilbert v. Homar. This bulletin provides a summary of the decision and its implications for public agencies.
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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 #:
20648
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This bulletin summarizes three United States Supreme Court decisions at the end of the 1997-98 term dealing with important matters of employment law.
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Record #:
20662
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This bulletin summarizes the amendments Congress made to the Fair Credit Reporting Act (FCRA), effective September 30, 1997, regarding the use of consumer reports when making employment decisions the implications of these amendments for employers. Consumer reports contain information such as an individuals credit worthiness, credit standing, character, general reputation, and personal characteristics.
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20663
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This bulletin discusses the Supreme Court decision announced on June 23, 1999, in Alden v. Maine (No. 98-436), which greatly enhanced the states' sovereign immunity against claims brought against them by individuals alleging violations of federal law. North Carolina has not waived its right of sovereign immunity, and thus it is clear that individual employees may not sue a state agency for an FLSA violation; however, a suit may be pursued by the US Department of Labor.
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Record #:
20664
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This bulletin discusses four United States Supreme Court rulings decided at the end of the 1998-99 term that clarified employers' liability under the Americans with Disabilities Act.
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Record #:
20665
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On May 1, 2000, the United States Supreme Court issued its decision in Christensen, et al. v. Harris County, et al. The issue in this case was whether the county employer could require its employees to use their accrued compensatory time under the Fair Labor Standards Act (FLSA). The Court held that the county could do so. This bulletin summarizes the Court's opinion and offers guidance for North Carolina public employers in dealing with the requirements of the FLSA.
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Record #:
20683
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This bulletin focuses on the circumstances under which an injured employee can be terminated without running afoul of the Workers' Compensation Act or the North Carolina Retaliatory Employment Discrimination Act.
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Record #:
20684
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This bulletin discusses a June 12, 2000 United States Supreme Court decision in Reeves v. Sanderson Plumbing Products, Inc. Resolving a split of authority among the appellate courts, the Court unanimously held that a judge or jury may find an employer liable for intentional discrimination if a plaintiff-employee establishes a \"prima facie case\" of discrimination and proves that the employer's stated reason for a termination or other adverse employment action was false or pretextual. The Court's ruling rejected the \"pretext plus\" standard adopted by the United States Court of Appeals for the Fourth Circuit. Under that approach, plaintiffs were required to prove not only that the employer's reason was false, but also that the real reason was unlawful discrimination.
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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 #:
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 #:
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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