Category: Employment Law

Employment law is the bread and butter of the HR Daily Advisor. Check out articles from this topic to see what the latest rules and regulations are, as well as track important employment law cases.

Vermont Drops Immediate Demand for Liberty Mutual Data

A quick update on the case involving the state of Vermont’s demand for claims data from Liberty Mutual’s group health plan — the state agreed to drop its immediate demand for this information, pending the ultimate outcome of the lawsuit. The state’s health and insurance agency had issued a subpoena for this data, and Liberty […]

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Social Media: An Employer’s FMLA Rant Could Cause Someone to RETALIATE

When it comes to workplace policy on social media, much attention is on the inappropriate actions of lower-level employees. But what happens when the loose cannon is the boss? One recent news article shows that in such cases, it’s best that at a minimum, the boss Find Methods to Limit Analogies. The article in the […]

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The FLSA Won’t Help You Because You Don’t Work Here

If you find out during the hiring process that an applicant blew the FLSA whistle on his or her former employer, you can probably pull the plug on that applicant, EVEN if you already sent him or her an offer letter (at least in the 4th Circuit). The 4th U.S. Circuit Court of Appeals ruled […]

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Office of Special Counsel Aims at Fed Agencies with USERRA Project

A new project adds another layer of bureaucratic oversight about which federal employers should be aware when dealing with employees exercising their rights to job protection under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The U.S. Office of Special Counsel has begun a three-year demonstration project expanding its role in enforcing military servicemember […]

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Social Media: NLRB Eyeing Employer Policies

Employer workplace policies on social media are being scrutinized in more than 129 cases before the National Labor Relations Board (NLRB), says a study from the U.S. Chamber of Commerce. This data wasn’t just handed to the Chamber. Rather, the group submitted a Freedom of Information Act request to the NLRB “seeking copies of all […]

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FLSA Consent Decree Shows DOL Mission to Protect Low-wage ‘Vulnerable’ Workers in Small Firms

When it comes to the Fair Labor Standards Act (FLSA), no employer is small enough to fly under U.S. Department of Labor’s (DOL’s) enforcement radar. Defunct 1st National Leasing Inc. agreed to pay eight former telemarketing employees $34,235 in back wages under a July 19 consent judgment that will put an end to DOL allegations […]

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Second Obama WHD Nominee Goes Down in Flames

These Queen lyrics fit what’s going on with President Obama’s nominees to the Wage and Hour Division: And another one gone, and another one gone; another one bites the dust! President Obama withdrew the nomination of Leon Rodriguez to be Administrator of the Wage and Hour Division of the U.S. Department of Labor on Aug. […]

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Social Media and Hiring: Beware of Other Legal Risks

Yesterday, we noted that because of anti-discrimination and credit reporting laws, when it comes to using social media to gain intel on prospective employees, HR professionals cannot just act like kids in the candy store. Why, they can’t even act like kids in the candy aisle at the grocery, because there are even more legal […]

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Chronically Ill Spouse Is No Excuse for Poor Work Performance in Association Discrimination Claim

Recently, an employee argued in an association discrimination claim that he was fired because his employer feared he would be distracted at work by his wife’s disability. That excuse didn’t pan out, because in fact the employer was just fed up with the individual’s poor performance, making it a legitimate employment termination. So in a […]

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Social Media: Used Not Just to ‘Friend’, but to Hire

“Should employers be allowed to screen job candidates based on their online behavior even if their actions are not pertinent to t he listed job?” That was the query today from Washington Post financial columnist Michelle Singletary. For human resources (HR) staff, this is not a theoretical question; it’s a very real struggle. The brave […]

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