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Employment Law

Latest News & Features:

Rebooting Anti-Discrimination Efforts
Rather than focusing primarily on avoiding legal liability, the Equal Employment Opportunity Commission is calling on employers to create a culture of civility and respect that discourages workplace harassment in the first place.
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Juggling Paternal Rights and Job Duties
A new report uncovers some challenges men face when trying to make use of their company's parental-leave policies. Experts say incentives and managerial training are powerful tools to get more male workers to make use of such leave programs.
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Battling Transgender Discrimination
Only 19 states have statutes on their books protecting individuals on the basis of gender identity or gender expression. But a new "best-practices guide" seeks to give employers in every state some direction on navigating the challenges of transgender employees.
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Waving Good-Bye to Class-Action Waivers?
Federal courts disagree over whether employers may require workers to go to arbitration rather than join together in class actions against them. The next step? It's complicated.
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Striking a Blow for Diversity?
In Fisher v. University of Texas, the Supreme Court has ruled that the school may continue to consider race as one of many factors in selecting students. Experts say the case should remind employers and HR leaders to think broadly when pursuing diversity goals.
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Labor Law in the Uber Age
Technology is driving demand for a new way to classify workers who are neither employees nor independent contractors. But some say there are easier fixes.
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Wrestling with Caregiving Woes
As more workers take on caregiving duties, experts urge HR professionals to revisit leave policies and help eliminate the (often unconscious) biases associated with these workers.
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A 'Reasonable' Rule?
Experts say the Occupational Safety and Health Administration's new electronic record-keeping and retaliation rule could be seen as public shaming of employers with a bad track record.
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'Sham' Unions, Real Lawsuits
A nearly forgotten provision of federal labor law has come back to haunt wireless carrier T-Mobile. Experts say the case highlights a common practice -- collecting employee feedback -- that could be risky for other companies as well.
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EEOC Rule Clarifies Wellness Programs
The Equal Employment Opportunity Commission's new rule on wellness programs imposes limitations on the type of information employers can collect from workers. Some critics, however, object to the many layers of federal regulations covering these programs.
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Legal Clinic Column

Question: Can we require our employees to use an employee-assistance program? We have an employee who made a physical threat against her supervisor to a member of HR. We want to make that employee consult with a therapist at an EAP as a condition for that employee being able to return to work, as we are concerned that she may have emotional problems. Are we allowed to require that this or any other employee consult with an EAP as a condition for maintaining his or her job? Are there any laws that we risk breaking if we do this?
How Much to Disclose? May 13, 2016
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