Personal Texts on Company Devices

Let’s say you have a personal iPhone and a company-issued iPhone. On your work phone, you enter the same personal iCloud username and password you use on your personal iPhone so you can listen to your music library on either one. One day, you start up a text conversation with a co-worker on your personal iPhone. You’re both talking about this woman you work with named Kate, and because it’s a private conversation, you use some pretty insulting, derogatory, and …
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Summary of Unemployment Eligibility and Benefits in NC

In 2013, the North Carolina General Assembly drastically cut benefits for individuals who lost their jobs.  Here are a few things you should know about the unemployment insurance benefit in North Carolina if you have recently become separated from your employer and are considering filing a claim for benefits: Prerequisites File a claim for unemployment benefits Must have been paid a minimum amount of wages based on your individual situation preceding the filing of the claim Register for work Eligibility You are …
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Moonlighting While on FMLA: Will It Get Me Fired?

The short answer is “it depends.” What does it depend on, you ask? Well, it depends on whether your employer has a policy against outside employment and whether the company applies and enforces such a policy consistently to all employees who takes leave. In fact, the regulations promulgated under the Family and Medical Leave Act (“FMLA”) speak directly to this point – “If the employer has a uniformly-applied policy governing outside or supplemental employment, such a policy may continue to …
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President Obama to Sign Executive Order Curbing LGBT Employment Discrimination

Yesterday, President Obama pledged that he would sign an executive order that would prohibit federal contractors from discriminating on the basis of sexual orientation or gender identity. Because federal contractors employ 22% of the American workforce, the impending executive order will serve as an important step in eliminating discrimination against LGBT people in the workplace. While the executive order will not protect all LGBT workers in the private labor market, it is a step in the right direction. Employment opportunities should …
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Off the Clock

I’ve heard employees say, “My employer tells me to clock out once I have reached 8 hours in the day, even if I haven’t finished my work.”  If you worked past when you clocked out, can you get paid for it?  If you actually worked more than 40 hours — even if your employer has a policy against working unauthorized overtime – do you still have a right to be paid for it? The answer to both questions is yes …
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More than a Hunch

A federal court in Washington recently took up the case of a Muslim software architect who claimed harassment on the basis of his religion and national origin.  After staying in a room numbered 911 at a hotel on a business trip, he believed someone at his company booked him in that particular room to harass him because they knew that his first name is Mohammed, in order to remind him of the 9/11 terror attacks.  The case is Rahman v. …
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