Employment Law

Latest News & Features:

Adjusting to the DOL's New Overtime Rules
Experts debate whether the proposed new overtime rules from the Department of Labor will help or hurt the very employees the agency seeks to protect.
HR and the Same-Sex Marriage Ruling
After last Friday's U.S. Supreme Court ruling that made marriage a fundamental right for same-sex couples, HR and employment-law experts weigh in about how HR may benefit from administrative improvements as well as face new challenges.
King v. Burwell: Now the Work Must Continue
The Supreme Court has handed down one of its most momentous decisions affecting employers in years, forcing many companies to move from a "wait-and-see" approach to a "hurry-up" mode when it comes to Affordable Care Act compliance.
Spreading Eastward?
A controversial new measure in San Francisco will impose new regulatory burdens on retailers there. But its supporters say it -- and similar measures being debated elsewhere -- are good for employees and for business.
Increasing HR's DOL-Audit Awareness
When it comes to audits of organizations' employee-benefit plans, a recent federal report shows there's much more work to be done, and experts say HR leaders can play a vital role in defending against threats to workers' nest eggs.
Ending Probationary Periods
Some labor attorneys are encouraging companies to eliminate probationary periods for employees because they can jeopardize their at-will employment status and may cause other serious legal ramifications for an organization.
Revisiting FCRA Requirements
A recent spate of class-action suits should remind employers and HR of the steep cost of FCRA violations. Experts say the time is right for employers to reassess their background-checking processes -- and the role staffing and consumer reporting agencies play in those processes.
Wellness-Incentive Guidance on the Way
By Mark McGraw
The Equal Employment Opportunity Commission recently proposed a rule designed to provide guidance on the legal use of financial incentives to encourage participation in wellness programs. Experts say employers largely welcome the direction, but must be aware of the changes the new regulations may bring.
Religion in the Workplace
Workers are increasingly bringing theology into the office, factory, retail space and public sphere and expecting greater and sometimes surprising forms of accommodation. As a result, religious conflict in the American workplace is up.
On Guard Against Ageism
Experts say HR needs to ensure older workers are not overlooked when resources become scarce, as recent studies reveal that younger employees are favored over older ones when budgets get tight.
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Legal Clinic Column

Question: My organization would like to terminate an employee who is currently on FMLA leave, for reasons unrelated to the leave. Can we properly lay off this employee?