USA – NORTH CAROLINA Law and Practice Contributed by: Phillip Strach, Alyssa Riggins, Nathaniel Pencook and Cassie Holt, Nelson Mullins Riley & Scarborough LLP
with all applicable wage and hour laws – for instance, an employer should pay special attention if the employee’s leave is taken for purposes contemplated by the FMLA. Although some employers may allow employees to take qualifying FMLA leave concurrently with approved sabbatical leave, it is recommended to have clear policies and procedures in place to ensure all statutory requirements are met. Finally, if an employer is confronted with an instance where they are denying an employee’s request for sabbatical leave, it is important to remember that any denial should be done for legitimate, non-discrimina - tory reasons. This consideration further reinforces the recommendation to have a clearly defined sabbatical leave policy. 5.3 Other New Manifestations As employees return to the office (some part-time), many employers are leasing less office space in favour of new work ideas such as desk-sharing or “hotelling”, whereby no one person is assigned a single work - space; instead, there are non-assigned spaces where employees can work on the various days they come in. Other employers are opting to simply rent portions of a collaborative workspace from places such as We Work instead of having dedicated private office space. If employers choose either of these options, they should be mindful of how they are asking employ - ees to safeguard confidential information. By way of example, employers should institute policies regard - ing printing and proper secure disposal of confidential company information or regarding taking phone calls out of non-employees’ earshot.
an Amazon warehouse in Garner, North Carolina, was rejected by Amazon workers this year. 6.2 Employee Representative Bodies Employee representative bodies, also called employ - ee resource groups or affinity groups, are a growing trend among employers. One of the most significant benefits of affinity groups is their power to connect people and promote inclusion among groups that are often under-represented in the workplace. The connection experienced in these groups translates remotely across physical offices and organisational groups – they can bring together employees at differ - ent levels and across departments and build a sense of shared community and belonging. However, employers should be aware of legal issues surrounding these groups. By way of example, affin - ity groups should be open to everyone and treated equally. Employees who do not feel welcome to join an affinity group or to attend its events may feel excluded – or even threatened – by this employer- backed organisation. Employers must ensure they properly compensate non-exempt employees for time spent attending or participating in workplace affinity group meetings or activities. Moreover, employers risk violating federal labour law if they bargain with affinity groups regarding employees’ terms and conditions of employment by: • dominating or interfering with the formation of an affinity group and treating it as a labour organisa - tion; or • failing to bargain with a union that already repre - sents employees. Employers often sponsor, contribute funds to or oth - erwise support workplace affinity groups. As a result, an employer risks committing an unfair labour prac - tice (ULP) by treating the affinity group like a labour organisation and “dominating” or “interfering” with it. 6.3 Collective Bargaining Agreements The NLRA gives employees the right to bargain col - lectively with their employer through a representative or, typically, a labour union. The employer and col - lective employees can negotiate over employment benefits such as pay structure, health insurance and
6. Collective Relations 6.1 Unions
North Carolina is a “right to work” state, which means that employees cannot be forced to join a union or pay dues in order to become or remained employed. Union activity has been on the rise nationally. That trend, however, largely does not extend to North Caro - lina, which has the lowest union density rating in the country – with only 2.4% of North Carolina’s workforce being unionised. In fact, a large campaign to unionise
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