The HR Specialist: Employment Law — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Page 20
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The HR Specialist: Employment Law

Even if you included a new social media policy in your employee handbook recently, it’s time to review it again. The NLRB issued a report recently that called into question the legality of some of the wording employers commonly use in their social media policies.

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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 Obama administration’s top workplace legislative initiative this year—the Paycheck Fairness Act—died last month when Senate Democrats failed to muster the needed votes.

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Do the mental health and substance abuse benefits offered through your group health plan comply with the federal Mental Health Parity and Addiction Equity Act of 2008? The DOL last month issued a set of frequently asked questions that help clarify employers’ duties under the law.

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Media reports speculating that a handful of employers asked employees for their social-media passwords has led Congress to consider legislation that would make it illegal for employers to request employees’ (or applicants’) passwords.

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Here’s something to watch out for when approving a supervisor’s recommendation to discipline or discharge an employee. If the employee has re­­quested FMLA leave and was previously performing well, be suspicious of claims that she’s now performing poorly.

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Do you get nervous and sweaty when an employee asks for leave to help care for a sick family member? You know this could count as FMLA leave. But what kind of “needed care” is really needed to be eligible for FMLA leave? A new court ruling further helped define the boundaries …

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Finally! A court has figured it out. When disabled employees take leave under the ADA, it’s not always an open-ended ticket to calling in absent. If regular attendance is an essential element of the job, then calling in absent is not a “reasonable” accommodation …

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The ADA requires employers to reasonably accommodate applicants or employees with mental or physical disabilities who are qualified to perform the job’s essential functions with or without a reasonable accommodation. Still, it’s a tricky issue.

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Approving, certifying and tracking intermittent FMLA leave can be a royal pain, especially in industries where attendance is crucial. But employees who are otherwise eligible for intermittent FMLA leave can’t be denied that right simply because it’s inconvenient for employers.

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