The HR Specialist: Employment Law

The National Labor Relations Board last month ordered a New York City tour bus company to reinstate a tour guide that it fired for his anti-company Facebook posts. It said his postings were considered “protected concerted activity” that related to the employer’s working conditions.

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FMLA absences are on the rise, and some sectors—particularly manufacturing, hotels, health care, call centers and government entities—far surpass others in terms of FMLA absenteeism rates, says a new report by EAP provider ComPsych.

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In the past year, laws banning em­­ployers from asking employees and applicants to hand over passwords to their personal social media sites have been passed in 10 states. Now, such legislation is pending in Congress.

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Most of the legal cautionary tales about social media involve misguided posting on Facebook and Twitter. Here’s proof that lack of common sense can be found in all corners of the Internet:

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Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz.

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What if an employee goes on FMLA leave, and you discover that co-workers have been covering up for her incompetence? Or you find that she wasn’t telling you the truth. As this new case shows, it’s legally possible to terminate her.

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Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

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The EEOC recently brought and settled its first lawsuit alleging employer misuse of a person’s genetic information. This was made illegal under the 2009 Genetic Information Nondiscrimination Act.

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“Can’t we sue him for this?” That’s what many employers say after being hit with what they believe is a frivolous employee lawsuit. The First Amendment protects the rights of companies to seek such redress in court. But, in most cases, a counterclaim is not a smart move.

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A federal appeals court on May 7 struck down a two-year-old National Labor Relations Board rule that would have required private-sector employers to post a notice informing employees of their rights to join or form a union.

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