Public Employment Law Bulletin Series

Most recently published bulletins are shown first. Displaying 1 - 29 of 29 bulletins

Bulletin Number	Title	Author	Date	Description	Download
42	The Misclassification Minefield: The Legal Standards for Independent Contractor Status	Diane M. Juffras	2024		Download (361.49 KB)
41	United States v. Windsor and Its Effect on North Carolina Local Government Employee Benefits	Diane M. Juffras	2014	This bulletin discusses legal changes to employee benefits after the United States Supreme Court ruled Section 3 of the federal Defense of Marriage Act unconstitutional.	Download (161.41 KB)
40	Employee Wellness Programs after January 1, 2014: HIPAA Nondiscrimination Rules Change, But ADA, GINA, and N.C. Law Remain the Same	Diane M. Juffras	2014	This bulletin explains changes in employee wellness programs effective January 1, 2014. HIPAA nondiscrimination rules have changed, but ADA, GINA, and N.C. laws remain the same.	Download (308.95 KB)
39	Amendment One, North Carolina Public Employers, and Domestic Partner Benefits	Diane M. Juffras	2012	On May 8, 2012, North Carolina voters approved an amendment to the North Carolina Constitution making marriage between a man and a woman the only "domestic" union that can receive legal recognition	Download (493.21 KB)
38	Using the Internet to Conduct Background Checks on Applicants for Employment	Diane M. Juffras	2010	This bulletin discusses the legal issues that North Carolina public employers should consider before they use the Internet to conduct or supplement background checks of prospective employees.	Download (471.34 KB)
37	May North Carolina Local Government Employers Offer Domestic Partner Benefits?	Diane M. Juffras	2009	This bulletin explains the law governing the ability of North Carolina local government employers to offer domestic partner benefits.	Download (840.32 KB)
36	Immigration Enforcement in the Workplace: Form I-9, E-Verify and Social Security No-Match Letters: A Brief Guide for North Carolina Public Employers	Sejal Zota	2009	Public employers are subject to the same laws and regulations designed to limit the employment of unauthorized immigrant workers.	Download (548.61 KB)
34	Coordinating Retiree Health Benefits with Medicare: The EEOC Issues Its Long-Delayed Final Rule	Diane M. Juffras	2008	This bulletin discusses the federal Equal Employment Opportunity Commission's final rule permitting employers to coordinate their retiree health benefit plans with eligibility for Medicare.	Download (171.42 KB)
35	Congress Amends the Family and Medical Leave Act to Add a New Category of Protected Leave for Military Families	Diane M. Juffras	2008	Discusses a new amendment to the federal Family and Medical Leave Act (FMLA) that provides employees who have family members in the armed services with extended leave.	Download (111.2 KB)
33	Early Retirement Incentive Programs: Are They Legal for North Carolina Public Employers?	Diane M. Juffras	2006	Discusses each of the features necessary to make an early retirement incentive program comply with the Age Discrimination in Employment Act.	Download (159.97 KB)
32	Independent Contractor or Employee? The Legal Distinction and Its Consequences	Diane M. Juffras	2005	Examines the advantages and risks of government employers using independent contractors to perform work traditionally done by regular employees.	Download (683.14 KB)
31	New Fair Labor Standards Act Overtime Regulations Effective August 23, 2004	Diane M. Juffras	2004	Looks at how the final regulations of the new Fair Labor Standards Act governing overtime pay exemptions for executive, administrative, professional and computer employees are likely to affect stat	Download (293.85 KB)
30	When Can a Public Employer Reduce Employee Benefits?	Diane M. Juffras	2004	Uses an imaginary city to discuss the legal issues that North Carolina public employers should consider before reducing employee benefits.	Download (599.36 KB)
27	Employment Law Decisions from the United States Supreme Court's 2001-2002 Term: Part II	Diane M. Juffras	2002	The United States Supreme Court decided a record number of employment law cases in its 2001-2002 term.	Download (309.74 KB)
26	Employment Law Decisions from the United States Supreme Court's 2001-2002 Term: Part I	Diane M. Juffras	2002	The United States Supreme Court decided a record number of employment law cases in its 2001-2002 term.	Download (287.28 KB)
25	Obligations of North Carolina Public Employers During a Military Mobilization	Diane M. Juffras	2001	Summarizes the obligations of North Carolina public employers when employees leave to serve in the United States Armed Forces during a military mobilization.	Download (197.24 KB)
24	Public Entities, Independent Contractors, and Random Drug Testing: Can a Public Entity Perform Random Drug Tests on the Employees of Its Independent Contractors?	Meredith R. Henderson	2001	Discusses whether a public entity can require random drug testing of employees of its independent contractors.	Download (43.66 KB)
23	U.S. Supreme Court Adopts "Pretext Only" Approach	L. Lynnette Fuller	2000	Discusses a June 12, 2000 United States Supreme Court decision in Reeves v.	Download (30.92 KB)
21	Supreme Court Holds Employers May Compel Comp Time Use	Stephen Allred	2000	On May 1, 2000, the United States Supreme Court issued its decision in Christensen, et al. v. Harris County, et al.	Download (23.57 KB)
22	Workers' Compensation and the Retaliatory Employment Discrimination Act: Can an Employer Fire an Injured Worker?	L. Lynnette Fuller	2000	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	Download (73.52 KB)
20	U.S. Supreme Court Decides Four ADA Cases	L. Lynnette Fuller	1999	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.	Download (48.52 KB)
19	Supreme Court Announces New Standard for Sovereign Immunity in Fair Labor Standards Act Case	Stephen Allred	1999	Discusses Supreme Court decision announced on June 23, 1999, in Alden v. Maine (No.	Download (32.57 KB)
18	Using Consumer Reports: What Employers Need to Know	L. Lynnette Fuller	1998	Discusses amendments Congress made to the Fair Credit Reporting Act (FCRA), effective September 30, 1997, that impose significant new responsibilities on employers.	Download (34.74 KB)
17	U.S. Supreme Court Issues ADA and Sexual Harassment Decisions	Stephen Allred	1998	Summarizes three United States Supreme Court decisions at the end of the 1997_98 term dealing with important matters of employment law.	Download (34.84 KB)
16	Fourth Circuit Invalidates 7(K) Plans for EMTs but Upholds Fluctuating Workweek	Stephen Allred	1998	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).	Download (21.75 KB)
14	New Standard Announced for Political Firings	Stephen Allred	1997	The United States Court of Appeals for the Fourth Circuit announced a new standard for political firings cases with its decision of August 7, 1997, in Jenkens, et al. v. Medford.	Download (51.68 KB)
13	Supreme Court Rules on Due Process Rights of Suspended Employees	Stephen Allred	1997	Public agencies sometimes find themselves faced with allegations that employees have engaged in criminal misconduct, either on or off duty.	Download (101.51 KB)
12	U.S. Supreme Court Issues Three Employment Decisions	Stephen Allred	1997	Briefly summarizes three United States Supreme Court decisions from 1997 of interest to public employers.	Download (24.22 KB)
11	Mandatory Retirement for Public Safety Personnel	Stephen Allred	1996	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 pri	Download (1.28 MB)