SUBSCRIBE E-NEWSLETTERS AWARDS COLUMNS MULTIMEDIA CONFERENCES ABOUT US RESEARCH

Employment Law

More Employment Law Articles:

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.
More
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.
More
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.
More
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.
More
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.
More
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.
More
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.
More
Equal vs. Special Treatment in Pregnancy
A new study finds pregnant employees are more concerned about job status and perceptions of their pregnancy than what accommodations are in store for them. Some say this counters Young v. UPS' underlying assumptions, while others disagree with that conclusion.
More
Navigating Pregnancy-Discrimination Issues
While the Supreme Court decided not to rely on an Equal Employment Opportunity Commission's 2014 guidance in rendering its recent Young v. UPS case, it still provides crucial insight on how the agency looks at issues related to pregnancy and how HR can properly train managers supervising pregnant workers.
More
Tipping the Scales
Experts say the outcomes of three gender-bias lawsuits filed in Silicon Valley could affect HR organizations across the country.
More
Cracking Down on Confidentiality Agreements
With other "enforcement actions" expected to follow the Securities and Exchange Commission's charge against KBR last week, experts suggest employers might be well-served to revisit their internal-investigation agreements -- along with a whole host of others -- to ensure they won't raise any red flags.
More
New Leave Laws for New Dads
Beginning in April, Massachusetts employers will be required to provide unpaid paternity leave to male employees. The question now, experts say, is not whether more states will follow suit, but whether employers and HR will eventually be obliged to offer paid leave to new fathers.
More
On the Alert for Accommodation
Employers don't always need to dig for employee-accommodation information, and HR can play a proactive role in the process.
More
Don't Tell Me No!
The NLRB has recently cracked down on employers' social-media and behavior policies. Where is the new line on prohibiting employee bad behavior and limiting social-media rants?
More
Changes in the Whistleblower Landscape
HR departments face the challenge of telling management that confidentiality provisions they have used in the past may not be available to them now.
More
FMLA Redefines the Family Relationship
A recent update to the FMLA extends family and medical-leave rights to eligible workers in same-sex marriages. So, what does this new definition of spouse mean for HR?
More
Is Your Applicant-Screening Process Legal?
As the competition for top talent continues, many HR professionals understand the need to streamline their candidate-selection process to find and retain the best possible workers. However, many applicant-tracking systems and screening practices may not even be legal.
More
Fair Play ... Or Not?
Employers debate the merits and challenges of changing domestic-benefits policy for employees living in states where same-sex marriage is legal.
More
< Previous | Next >

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
More