Departing employees who are asked to sign severance packages now have a new tool to discover if those packages comply with federal law. The EEOC just unveiled a new guidance document that is expected to cause more people to question their severance packages—either to HR or to a court.

A new Watson Wyatt survey says 44% of employers plan to reverse pay cuts made during the recession. That’s up from 30% in June. Also, about one-third of employers plan to unfreeze salaries, up from 17%.

In January 2009, the DOL issued new FMLA regulations that incorporated the National Defense Authorization Act of 2008, which granted new leave rights to family members of employees in the military. The regulations, for the first time, defined what a “qualifying exigency” is under the law that entitles military families to take leave. Qualified exigencies are divided into seven categories:

There’s one silver lining to the rapid growth of employment lawsuits: Courts are losing patience with the rising number of applicants, employees and former employees who file suits that have no basis in reality. Increasingly, courts are approving sanctions against such employees and their attorneys.

A key part of the ADA is the so-called “regarded as” rule. Essentially, it says that if your organization treats an employee as if he or she is disabled, then the employee earns the job protections provided under the ADA—even if he or she isn’t truly disabled. What does it take to “regard” someone as disabled? It can be as simple as jotting “disabled” on an application or employee paperwork.

Occasionally, employees work up the nerve to complain about sexual harassment only to get cold feet about pressing their complaints or naming names. What should you do if an employee complains, but then just asks for a transfer instead of identifying the alleged harasser? That’s the situation one employer recently faced.

President Obama last month signed an executive order that directs federal employees “not to engage in text messaging while driving government-owned vehicles; when using electronic equipment supplied by the government while driving; or while driving privately owned vehicles when they’re on official government business.”

Some employees with genuine disabilities may think they can use their physical or mental conditions as an excuse to break workplace behavior rules. They can’t. As long as those rules are clearly explained and enforced equally, you don’t have to listen to my-disability-made-me-do-it excuses. You can lower the boom.

For years, employers have grappled with the question of what exactly is “sexual harassment” and how much sexual banter is allowable. But lost in that debate is the fact that a workplace is just that—a place where work is supposed to be done. Here’s one good way to end this legal tightrope-walking and prevent potential problems down the line: Implement a policy that clearly bans sexual banter. Then punish those in violation.

Sears agreed last month to a $6.2 million settlement with the EEOC over charges that it violated the ADA. This is the largest ADA settlement in a single lawsuit in ADA history.

Age-discrimination lawsuits have shot up in recent years, climbing 29% last year alone. But a recent pro-business ruling by the U.S. Supreme Court will make it harder for employees to prove age bias in the workplace. Employee advocacy groups are crying foul.

HR is being forced to respond to an increasing number of sexual harassment claims revolving around explicit photos sent via text message, a practice known as “sexting.” Latest case: A Hooters waitress in Florida sued, saying her manager sexually harassed her by texting explicit photos.

When an El Pollo Loco restaurant manager filed a wage lawsuit, the company pointed to its handbook that said (in English and small type) “all employment-related disputes must be resolved through binding arbitration.” The manager argued that employees didn’t understand what they were signing and, therefore, the policy wasn’t valid.

It often makes sense to give a fresh start to a poorly performing employee who has been complaining about discrimination. Place her in another position with a new supervisor, new co-workers and a clean disciplinary record. Then if her workplace problems persist, you can terminate her without worrying about retaliation claims.

Employees are entitled to a workplace free of discrimination. That includes having equal access to training. In recent months, several lawsuits have been triggered because supervisors allegedly favored certain employees for training opportunities at the expense of other employees who belong to a protected category.

These days, organizations have to do just as much (or more) with fewer employees. That may mean employees’ job duties and responsibilities change frequently. But be aware that such changes could alter the person’s classification under the Fair Labor Standards Act—and open you up to an overtime lawsuit.

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

Every employer’s goal should be to manage employees in a manner that’s blind to race, sex, age and disability. That doesn’t always happen. But it’s important to realize that it’s only when unfairness harms members of a protected class that the practice is illegal.

A survey by consulting firm Watson Wyatt indicates more employers are loosening the compensation purse strings, even as employees will probably bear higher health benefits costs. According to the survey conducted in August, 44% of employers plan to reverse pay cuts made during the economic downturn.

Nothing will land you in FMLA trouble faster than ignoring an employee’s request for leave. You’d never do that, you say. But what about an untrained supervisor? Make sure all managers and supervisors know how to handle medical call-ins. Ignoring a leave request could amount to “interference” with the employee’s right to take FMLA leave.

Here’s a simple rule of thumb: Managers and supervisors should never comment on any aspect of an employee’s sexuality. That goes for female supervisors, too, who may believe that only women can be victims of sexual harassment.

Conflicts over religious accommodation in the workplace have spilled over into the courtroom, as more and more employees try to force employers to bend work schedules to fit their religious practices. It’s no longer just a question of whether employees are entitled to a day off on the Sabbath. In an increasingly diverse workplace, Islamic practices are spurring more litigation.

A female Dallas police officer complained that a co-worker touched her and called her “darling.” A quick internal investigation led to a warning and counseling for the co-worker. It never happened again. Still, the officer sued for sexual harassment ...

Employers have a duty to protect their employees from identity theft. The federal Fair and Accurate Credit Transaction Act (FACTA) says employers that negligently or purposely let employees’ personally identifiable data fall into the wrong hands can face fines of up to $2,500 per infraction. Here are six tips on developing a data security strategy:

Employee benefits have been in the national spotlight right from the start of 2009. From the new FMLA and ADA rules that took effect in January to today’s white-hot health care debate, employers are dealing with important changes and “could-be” changes. Let's look back at the year in benefits and ahead to what could be coming.