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Employment Law

More Employment Law Articles:

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.
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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.
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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.
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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.
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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.
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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.
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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.
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Tipping the Scales
Experts say the outcomes of three gender-bias lawsuits filed in Silicon Valley could affect HR organizations across the country.
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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.
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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.
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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.
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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?
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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.
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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?
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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.
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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.
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Class Action 2.0
A recent Seyfarth Shaw report finds Rule 23 -- the federal law governing employee class-action lawsuits -- undergoing a "major transformation." What can HR do to help the organization defend costly class-action litigation?
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Wrestling with the ACA's Reporting Requirements
A new survey finds many organizations are struggling with the reporting requirements under the Affordable Care Act. Experts discuss ways HR leaders can get their organizations ahead of the compliance curve.
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Legal Clinic Column

Question: We just completed an internal investigation into allegations of discrimination and found the evidence did not substantiate the claim. Are we required by law to tell the complaining employee -- who keeps asking about the investigation -- sensitive information uncovered by the investigation? If not, is there a best practice for how much information HR should share about an investigation and its results with the complaining employee?
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