Employment Law

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Addressing 'Egregious' Online Behavior
While examples of National Labor Relations Board decisions to err on the side of free-speech protections in social-media posts have been plentiful, a new board ruling shows some worker discussions on online platforms may be explicit enough to justify action on an employer's part.
EEOC Throws a Wellness Curve
With its third lawsuit in 2014, the EEOC has given employers pause when it comes to wellness initiatives and conflicting laws.
Reform, GOP-Style
After the recent midterm elections, experts say the GOP's control of Senate will make piecemeal civil-service reform more likely.
A Case of Anger, Disability and a Dog
Hawaiian case involving a Hertz supervisor with angry outbursts that he blames on other underlying medical conditions raises a few new questions about reasonable accommodations and the ADA.
Screens Under Scrutiny
Many companies employ online personality tests as a way to determine if candidates possess certain job-specific traits. But do some of them violate the ADA and discriminate against those with disabilities?
Noncompete Clause Headaches
A recent court case in Missouri regarding noncompete clauses demonstrates that, while such documents may indeed protect an organization's best interests, they can also cause plenty of legal and HR issues as well.
A Difficult Transition
As two groundbreaking new cases filed by the Equal Employment Opportunity Commission clearly illustrate, the HR issues surrounding the proper handling of workers in the process of transitioning from one gender to another are manifold.
A Disconnect Between HR and Employees
New research finds employees are dissatisfied with their HR departments, though experts say there are ways the function can change how it's perceived within an organization.
Lightening a Burden -- Of Proof
A proposed clarification on whistleblowers' burden of proof by the Occupational Safety and Health Administration will likely bring more suits -- and HR headaches -- according to legal experts.
HR's Role in Safeguarding PHI
With the constant proliferation of protected health information, HR teams need a thorough understanding of where it exists, its security risks and the appropriate data-protection obligations.
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Legal Clinic Column

Question: We are all frightened by the recent Ebola crisis and would like some guidance on what HR can and cannot do to help address employee concerns and protect the workplace. Are we allowed to ask employees who come from the countries where there is an outbreak to get tested and confirm that they have not been exposed to the virus as a condition for them continuing to work with us?