Welcome
Welcome to the Institute of Government's web
page on Public Employment Law!
The information on the Public Employment Law webpage is designed to assist employees of North Carolina state and local governments and affiliated organizations who have responsibilities for human resource functions, and to attorneys in private practice who represent public sector clients in employment matters.
In addition to the individual assistance the Institute 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 Institute of Government’s human resources listserv. Join at http://www.sog.unc.edu/programs/hresources/listserv.html.
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/esa/regs/compliance/whd/whdfs28.htm
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/esa/regs/compliance/whd/fmla/wh380.pdf
DOL Form WH-381: DOL’s form for employer to an employee's request for FMLA leave: http://www.dol.gov/esa/forms/whd/WH-381.pdf
FMLA poster:
http://www.dol.gov/esa/regs/compliance/posters/fmla.htm
Immigration Law:
See the U.S. Customs and Immigration Service Manual for Employers:
http://www.uscis.gov/graphics/lawsregs/handbook/hand_emp.pdf
Frequently Asked Questions about Employment Eligibility:
http://www.uscis.gov/graphics/howdoi/EEV.htm
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)
http://www.sog.unc.edu/pubs/electronicversions/pdfs/pplb25.pdf
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.ah.dcr.state.nc.us/records/local/default.htm
Records Retention Schedule for State Agencies:
http://www.ah.dcr.state.nc.us/records/sitemap.htm
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.comp.state.nc.us/ncic/pages/qa.htm
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.
