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Employment Law

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More Focus on Ethics, Less on Checklists
When it comes to business ethics, experts say HR leaders need to do a better job managing both employee behavior and their company's corporate culture, rather than simply relying on a check-the-box approach to the issue.
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The NLRB's (Slow) Right Turn
Employers now have an expectation that corrections will be made to bring sanity and predictability back to the National Labor Relations Board after eight years under the Obama administration. But change will take time.
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In Good Hands
Employment-law experts praise Phil Miscimarra and Victoria Lipnic, President Trump's recent choices to lead the nation's top employment-compliance agencies.
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What to Know About Sponsoring Foreign Nationals
President Donald Trump is moving quickly on his promise to reform American immigration laws. His next target will be employment-based visas and here's what HR leaders need to know.
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Surveying the Class-Action Landscape
Record amounts were awarded in wage-and-hour settlements in 2016, but will the change in government control impact the class-action landscape?
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'Significant' Showdown Looming
The U.S. Supreme Court has agreed to resolve split federal circuit-court decisions involving arbitration agreements and class-action lawsuits, and labor-law experts expect the ruling will be significant for employers.
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Emotional Distress and the FLSA
A Fifth Circuit appeals court ruling on an FLSA claim finds that employees can recover damages for emotional injury resulting from retaliation. Experts say the decision could signal greater risk for employers in a subset of wage and hour cases.
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Overcoming Disability Hiring Barriers
New regulations from the Equal Employment Opportunity Commission are designed to ensure federal agencies "reinvigorate" their commitments to being a model employer of people with disabilities and fostering workplace inclusion.
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Changes Ahead for Federal Workforce
While many acknowledge the federal personnel system is long overdue for modernization, just how quickly -- and in what form -- change will occur is anyone's guess.
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Battle Line Drawn on Wellness Incentives
A recent court decision on the validity of wellness-incentive programs is just the "initial skirmish" in a long war over employees' disclosures of personal and family medical information, experts say.
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Understanding the Revised I-9 Form
For employers of foreign national employees that may be subject to increased worksite inspections and I-9 enforcement during the Trump administration, understanding policy changes and ensuring ongoing compliance is critical.
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Costly Compliance
The Equal Employment Opportunity Commission's final rules on becoming a model employer of people with disabilities could prove costly to some federal agencies.
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Microunits: No Small Matter
The trend toward so-called microunits of union bargaining power has employers concerned, but could the incoming administration impact the standards under which they have proliferated?
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Curtailing Credit Checks
A bill being considered by the D.C. Council Judiciary Committee would largely prohibit employers in the nation's capital from checking job applicants' credit histories. Experts predict we'll see similar legislation in other cities, but no movement at the federal level.
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Competition vs. Accommodation
A recent U.S. 11th Circuit Court of Appeals decision clarified an issue of disability and hiring for employers operating in that region, but experts say it does not deliver a clear-cut strategy nationwide.
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New Approach to Age Bias
Study finds implementing mature-age practices the best means of engaging older workers and reducing stereotype threats, yet too few employers are adopting them.
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Discrimination and the Independent Worker
A new study suggests evidence of discrimination among Lyft and Uber drivers. Experts urge HR leaders at organizations relying on independent workers to proceed with caution in addressing this issue.
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Legal, Yes. But a Best Practice?
A ruling on dreadlocks provides the context for an interesting conundrum for employers: Should culture be included in the definition of race under Title VII?
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Legal Clinic Column

Question: An employee recently left our firm and we have reason to believe he took client lists with him. His employment agreement says that he is not supposed to take any confidential information from the firm when he leaves. But confidential information is not precisely defined in our agreement. Are names and addresses, such as those found on client lists, generally considered confidential information or not?
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