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Hot Trends to Watch Affecting the HR Arena
Bullying, social media and religious and pregnancy discrimination are critical areas in which employers can reduce exposure risks.

Exclusive Guidance on FMLA's Interaction with Federal and State Laws and Employer Policies
XpertHR's comprehensive set of resources includes a Legal Insight on the "Bermuda Triangle" and a Quick Reference chart summarizing issues related to the intersection of these laws.

How to Handle Employee's Request for Leave as an Accommodation
The ADA may entitle an employee with a disability to take leave as a reasonable accommodation, even when ineligible for FMLA leave.

Steps to Prevent FMLA Fraud and Abuse - Checklist
While DOL regulations limit an employer's options, they also provide strategies to help prevent and limit the fraudulent use of FMLA leave.

State Highlights


New California Laws Address Religious Discrimination, Accommodation and Tolerance
The two bills aim to eliminate discrimination and bias against Sikhs, Muslims and other religious groups in the workplace.


Only Connecticut Employees Count Under the CFMLA
The Connecticut Supreme Court ruled that only employers with 75 or more employees within Connecticut are covered by the CFMLA.


Court Strikes Down Wisconsin's Anti-Union Law
It was ruled that the law impermissibly burdened employees' associational rights, as well as their right to free speech.


Oregon Increases Minimum Wage
Oregon is one of ten states that annually adjusts its minimum wage based on the rate of inflation.


Montana Supreme Court Snuffs Out Medical Marijuana
The Montana Supreme Court upheld a law greatly restricting access to medical marijuana even though such usage is legal in the state.


Federal Highlights

Understanding Whistleblower Incentive Programs
Employees may forego internal processes for reporting violations because of bounties offered by federal whistleblower programs.


Overly Broad At-Will Disclaimer May Violate NLRA
Considering recent NLRB cases, employers may want to reconsider the breadth of at-will disclaimers in their employee handbooks.


7th Circuit Changes Position on Assigning Employees With Disabilities to Vacant Positions
Employers must pass over a more qualified individual and assign an employee with a disability to a vacant job if they meet minimum qualifications.


NLRB Rules on Prohibiting Discussion of Internal Investigations
The NLRB ruled recently that unionized employers may violate the NLRA by prohibiting discussion of internal investigations.


Sovereign Immunity Doesn't Shield States From Feds
Public employers can't be sued by individuals under the FLSA, but there's nothing stopping the federal government from filing suit.


EEOC Updates Strategic Enforcement Plan, Seeks Input
On September 4, 2012, the EEOC released the latest draft of its Strategic Enforcement Plan for Fiscal Years 2012-2016.


Contributor Spotlight

Theresa Donahue Egler is a shareholder with the law firm of Ogletree Deakins. Ms. Egler has more than 20 years' experience representing management in employment and ERISA litigation. She has developed and conducted training on a broad range of employment issues, designed to minimize risk and avoid costly and divisive disputes. Read more...


New on XpertHR

New on XpertHR This Week - 9/24/2012

New Last Week

New Updates to Italy Guidance in International Manual
For subscribers with access to our International Manual, several substantive updates were made to the Italy guide as a result of recent major reform of labor market regulation.



Must an employer continue to provide fringe benefits to employees who are out on sick leave, disability leave or workers' compensation leave?


Probably not. In the vast majority of cases, fringe benefits like paid time off (PTO), compensation for unused, accrued vacation or sick days, and other benefits are not required. Rather, the employer provides these benefits to employees by choice. The exception to this rule... Read more...
Coming Soon

New Progressive Discipline Workflow, New Guide on Transgender Employees and More...


Did you know you can filter your state search results by using the Refine Results box or the Preferred States page?


An XpertHR subscriber may license multiple states, but may not want every jurisdiction to appear in the results of each search. There are a couple options to help:
  • Refine Results - The Refine Results box, to the left of the search results, allows a subscriber to filter the results by state.
  • Preferred States - Using the Preferred States feature, a subscriber can pre-set which states will appear in search results. To create this list, select: My Account > Preferences > Select States. The list can be changed at any time.
Editor's Message

The NLRB... who'd have thought a year ago that the NLRB would be taking actions that implicate union and non-union workplaces alike so dramatically! From weighing in (again and again!) on social media policies and now on "at-will" disclaimers. The NLRB is proving to be a rather unexpected force to be reckoned with among HR professionals. No more can the NLRB be looked at as a government agency that only applies to unionized workplaces. It's become clear that all employers need to take note and learn from the NLRB's actions... the alternative may not be pretty! We'll keep you apprised, rest assured.

It just doesn't get old... winning awards! Yes, XpertHR has been honored AGAIN, this time with "Standards of Excellence" in 4 different categories, including the Employment category, of the prestigious WebAwards program. This highly competitive awards program found XpertHR worthy of being honored above other leading sites. We will work to live up to these Standards of Excellence and prove to you that we're the best service available for HR compliance information.

If you're going to be at HRTech in early October, please swing by our booth to meet us in person. We'll have Account Managers, Legal Editor Tracy Morley, and our General Manager attending and we'd love to meet you in person! Booth 1078. We'll also be tweeting and blogging so you can get insights from the show, even if you're not there in person.

Peggy Carter-Ward
Head of Content

Supreme Court
Employment Review

XpertHR's editorial team breaks down all of the key rulings from the Supreme Court's past term affecting employment law.

Guides you step by step through procedures to comply with the law, with an interactive flowchart setting out the steps in each process.

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