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Employment Law

More Employment Law Articles:

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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Aggressive Move on Privacy
Today marks the day for organizations to comply with expanded federal guidelines for protecting private health information, and it's not just organizations in healthcare-related fields that need to pay attention to the new rules, experts say
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Rise of the 'Microunits'
A recent court decision now makes it easier for unions to establish "micro-bargaining units," which legal experts say may give employers a more difficult fight when challenging them.
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A Different Kind of Discrimination
An IT worker says that India-based Infosys discriminated against her and other U.S. job applicants by misusing guest worker visas to hire workers from South Asia.
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Mixed Prospects for POWADA
AARP recently announced its strong support for the Protecting Older Workers Against Discrimination Act. While experts say its passage is unlikely in the near future, discussion around the bill should remind employers to make performance -- not age -- the motivating factor in employment decisions.
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DOMA Decision Could Impact FMLA
Since the U.S. Supreme Court decided to send the power to define marriage back to the states, employers and their HR leaders could soon have their hands full either trying to equalize FMLA benefits, or else preparing to face the consequences of not doing so.
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Safety First?
Competing worker safety programs in the United States and Europe show employers are finally getting serious about changing unsafe workplaces.
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Pushing Back Against Unemployment Discrimination
An amendment to a human-rights law in New York City banning employers from considering unemployment as a hiring factor is just the latest step in a nationwide progression toward eradicating such discrimination.
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Weighing the Supreme Court's Decisions
From DOMA to Nassar to Vance, the U.S. Supreme Court recently decided a trio of cases that have an HR impact.
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Moms Fight Back
Discrimination claims by pregnant employees and new mothers are on the rise. But recent court rulings and new rules provide them with added protections -- and may lead to costly judgments against employers.
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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?
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