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Public Employment Law and Human Resource Management

Public Employment Law

Welcome to the School of Government's microsite on Public Employment Law!

The information on the Public Employment Law microsite is designed to assist employees of North Carolina state and local governments and affiliated organizations who have responsibilities for human resource functions and attorneys in private practice who represent public sector clients in employment matters.

In addition to the individual assistance School of Government faculty provide, North Carolina public employers may also find answers to questions on the new Frequently Asked Questions on Public Employment Law webpage—a link is in the second box on the left-hand side of this page.

Assistance may also be obtained through consulting human resources and personnel colleagues through the School of Government’s Human Resources Listserv.

North Carolina public employers and employees may also consult the following resources, which may contain answers to their questions.

 

 

 

 

Drug Testing:

If you have not already done so, read:
Safety versus Privacy: When May a Public Employer Require a Drug Test? (Popular Government, Winter 2003)

Fair Labor Standards Act (FLSA) (wage and hour/overtime law)

Family and Medical Leave Act:

FMLA Fact Sheet #28 from the Dep’t of Labor’s website: http://www.dol.gov/whd/regs/compliance/whdfs28.pdf

FMLA FAQs from the Dep’t of Labor’s website:
http://www.dol.gov/elaws/esa/fmla/faq.asp
Employers may also call the US DOL’s Charlotte office for assistance at: (704) 344-6120

FMLA forms and posters:

DOL Form WH-380: DOL’s form to obtain a medical certification from a health care provider: http://www.dol.gov/whd/forms/WH-380-E.pdf

DOL Form WH-381: DOL’s form for employer to an employee's request for FMLA leave: http://www.dol.gov/whd/forms/WH-381.pdf

Immigration Law:

See the U.S. Customs and Immigration Service Manual for Employers:
http://www.uscis.gov/e-verify/publications/manuals-and-guides/publications-manuals-and-guides

Frequently Asked Questions about Employment Eligibility:
http://www.uscis.gov/archive/archive-news/questions-and-answers-uscis-revises-employment-eligibility-verification-form

Download Form I-9:
http://www.uscis.gov/graphics/formsfee/forms/i-9.htm

Medical Examination of Current Employees:

Questions and Answers: Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees under the Americans with Disabilities Act (ADA):
http://www.eeoc.gov/policy/docs/qanda-inquiries.html

Military Leave under the Uniformed Services Employment and Reemployment Rights Act (USERRA):

If you haven’t already done so, read Obligations of North Carolina Public Employers During a Military Mobilization, Public Personnel Law Bulletin #25 (October 2001)
https://www.sog.unc.edu/publications/bulletins/obligations-north-carolina-public-employers-during-military-mobilization

U.S. DOL’s USERRA page:
http://www.dol.gov/vets/programs/userra/main.htm

Personnel Records:

Summary of G.S. §§ 160A-168 and 153A-98, the municipal and county personnel privacy acts

The municipal personnel privacy act: G.S. § 160A-168
Chapter_160A/GS_160A-168

The county personnel privacy act: G.S. § 153A-98
Chapter_153A/GS_153A-98

Statutes governing the privacy of the personnel records of state employees: 

G.S. §§ 126-22 through 126-29
Chapter_126/GS_126-22
Chapter_126/GS_126-23
Chapter_126/GS_126-24
Chapter_126/GS_126-25
Chapter_126/GS_126-26
Chapter_126/GS_126-27l
Chapter_126/GS_126-28
Chapter_126/GS_126-29

Personnel privacy of area mental health employees:

G.S. § 122C-158
Chapter_122C/GS_122C-158

Personnel privacy of public school employees:

G.S. § 115C-319 – 155C321
Chapter_115C/GS_115C-319
Chapter_115C/GS_115C-320
Chapter_115C/GS_115C-321

Personnel privacy of community college employees:

G.S. § 115D-27 – 115D-30
Chapter_115D/GS_115D-27
Chapter_115D/GS_115D-28
Chapter_115D/GS_115D-29
Chapter_115D/GS_115D-30

Personnel privacy of water & sewer authority employees:

G.S. § 162A-6.1
Chapter_162A/GS_162A-6.1

Personnel privacy of public health authority employees:

G.S. § 130A-45.9
Chapter_130A/GS_130A-45.9

Personnel privacy of public hospital employees:

G.S. § 131E-257.2
Chapter_131E/GS_131E-257.2

Records Retention Schedule for Local Governments:

http://www.ncdcr.gov/archives/ForGovernment/RetentionSchedules.aspx

Records Retention Schedule for State Agencies:

http://www.stateschedules.ncdcr.gov/

Recruitment and Selection:

Enforcement Guidance: Preemployment Disability-Related Questions and Medical Examinations:  http://www.eeoc.gov/policy/docs/preemp.html

What Questions May Be Asked in an Interview?

Federal Trade Commission employer’s guide to the Fair Credit Reporting Act, which governs the use of outside, for-profit entities to conduct background checks:
http://www.ftc.gov/bcp/conline/pubs/buspubs/credempl.pdf

Workers’ Compensation Law:

North Carolina Industrial Commission’s Frequently Asked Questions page: http://www.ic.nc.gov/faqs.html

Clients may also call the Industrial Commission’s Ombudsmen’s Office at 800.688.8349. This has been recommended as an excellent resource by lawyers working in the area of workers’ compensation.

Clients should also consider calling their workers’ compensation insurance carrier or administrator for information (especially if they are insured by the League of Municipalities—Michelle Jones (919.715.2679) and Cyndi Smith (919.715.8997) at the League are especially knowledgeable.

Topics - Local and State Government
Human Resources
Employment Law

Public Employment Law and Human Resources Management