SUBSCRIBE E-NEWSLETTERS AWARDS COLUMNS MULTIMEDIA CONFERENCES ABOUT US RESEARCH

Employment Law

More Employment Law Articles:

Is Severance Pay Subject to FICA?
After conflicting decisions in the lower courts, the Supreme Court will soon decide whether workforce-reduction-severance payments are considered wages that should be subject to Federal Insurance Contributions Act taxes. Regardless of that outcome, though, experts advise employers to take a proactive approach on the issue.
More
'Waiving' Goodbye to Class-Action Suits
A federal appeals court recently ruled against the National Labor Relations Board, saying employers can prevent class- and collective-action lawsuits by instituting an arbitration agreement with a class-action waiver. But will it take a Supreme Court decision to force the NLRB to change its official stance on such waivers?
More
Still Unclear on ADA Accommodations?
If so, you're not alone. A recent study finds half of employers struggling to determine when an ADA accommodation imposes an undue hardship on their organization. Experts say employers and HR must work closely with employees -- and their supervisors -- to provide an accommodation that is amenable to all involved.
More
Lawsuit Raises FCRA Fears
A class-action lawsuit against Disney serves as a stark reminder that employers better follow the letter of the Fair Credit Reporting Act when it comes to notifying job candidates or employees about adverse actions against them due to something that showed up in a background-screening report.
More
Workers Recording Workers
While 13 states prohibit employees from recording co-workers in the workplace without their consent, it is legal in the remaining 37 states. A judge's decision in a recent case involving Whole Foods may only add to the employer confusion around the topic.
More
OSHA Proposal Comes Under Fire
Employers and industry groups are voicing concerns over a proposed rule that would require thousands of companies to electronically submit injury and illness data to the Occupational Safety and Health Administration on a quarterly basis. Observers say these worries are well-founded, and caution HR to prepare for ramping up OSHA recordkeeping training should the rule be finalized.
More
Paving a Way to Greater Flexibility
San Francisco became the first municipality in the country to pass an ordinance that gives employees working in the city the right to request changes in their working arrangements in order to meet their caregiving responsibilities. Some experts predict other cities and states could soon follow with similar regulations.
More
Drug-Free Workplace Act Turns 25
Passed by Congress in 1988, the Drug-Free Workplace Act was a limited -- but effective -- beginning to the workplace's war on drugs.
More
Confusion about Criminal-History Guidelines
Survey shows vast majority of HR executives think their organizations are compliant with EEOC criminal-background guidelines, yet a significant number still ask about criminal histories in job applications.
More
Good Samaritan, Bad Policy?
Wal-Mart recently made news by firing -- then offering to rehire -- an employee who violated company policy while helping a woman being attacked on store property. While workplace violence policies are certainly necessary, employers may still want to consider circumstances and intent when disciplining employees who come to another's aid, experts say.
More
Taking It Straight to the SEC
The SEC has awarded $14 million to an unidentified whistleblower who went directly to the agency without first bringing the complaint to his or her employer. Experts say the award will likely spur more whistleblowers to take the same route, and urge HR to actively encourage employees to report internally.
More
HR and the Supreme Court
For the current U.S Supreme Court session, experts say the few HR-related cases in front of the U.S. Supreme Court could have repercussions for employers, though nothing at the level of a Dukes v. Wal-Mart.
More
A Risky Reduction in Force
A manufacturing company is headed to a jury trial after including race as a factor on a workforce-review spreadsheet; a document that experts say left the organization vulnerable to claims of racial bias.
More
Same-Sex Harassment Not Always about Sex
A federal appeals court recently reinstated a same-sex- harassment verdict in a case involving gender stereotypes, not sexual advances. Such cases serve as a reminder to HR leaders to review the wording of their sexual-harassment policies.
More
Exploring the Fine Print
From new visa categories to more benefits to work visa holders, a closer look at the lesser-known provisions of the Senate's immigration bill reveals some interesting findings.
More
Navigating the Perils of Re-boarding
They were terminated, they were gone, but now they're back. When employees are reinstated after filing a wrongful-termination claim, HR professionals are faced with some challenges that require careful navigation.
More
Digital Dilemmas
A court's recent ruling illustrates just how tricky the Stored Communications Act can be. The ruling highlights the uncertainty that companies face in cases involving electronic communications, but experts say the decision should also be instructive for employers.
More
A Matter of Time
(and Accuracy)
Legal experts say every state in the union will soon be enacting new legislation that will penalize employers for not answering unemployment claims from former workers in a timely manner.
More
< Previous | Next >

Legal Clinic Column

Question: There has been a lot of recent talk about social media with respect to employer monitoring of employees' social-media activity and, more specifically, what employers can and cannot ask employees related to their social-media activity. Can you please provide a summary of the recent developments in this area?
More