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Fall Marks the Beginning of HR's Busy Season
Open enrollment and benefit planning, design and communications are all hallmarks of fall, which marks the beginning of one of HR's busiest times.

New Case Law Further Clarifies the Employment At-Will Doctrine
Three federal court rulings illustrate and clarify the extent of the employment at-will doctrine in Michigan, Alabama and Mississippi.

New Social Media Password Laws Put Employers on Guard
Employment attorney Randi Hyatt breaks down Maryland's first-of-its-kind law barring employers from asking for social media passwords.

How to Create a Diverse Workforce
A diverse workplace benefits employers in a number of ways, but requires the employer's commitment of time, energy and resources.

Terms to Include in a Written Offer - Checklist
Ensure that all pertinent information is included in a written offer to a candidate selected for employment.

State Highlights


California Adds New Human Trafficking Posting Requirements for Employers
Certain California employers will have to conspicuously post a notice that contains information related to slavery and human trafficking.


California Employers Get Ammunition Against Predatory Practices, Abusive Lawsuits
New law curbs use of demand for money letters, frivolous disability access lawsuits and improve access to businesses.


California Personnel Records Law Adds Employer Requirements, Creates Penalties
Employers will face penalties for noncompliance with state requirements allowing for employee inspection of personnel records.


New York Increases Protection of Employee Social Security Numbers
Employers in New York should review workplace policies and practices as the new law builds on protections already in place.


California Prohibits Discrimination Against Breastfeeding Women
Employers must provide breastfeeding breaks as well as a room in close proximity in which mothers can express milk in private.


Fixed Salaries That Include Overtime Outlawed in California
Explicit mutual wage agreements, in which nonexempt employees agree to a fixed salary that covers all hours worked, are prohibited.


California Passes Law Prohibiting Employers from Requesting Social Media Passwords and Information
Employers also may not discharge, discipline or retaliate against an employee or applicant for refusing to provide such information.


Content Spotlight: Employee Benefits

From educating employees about their benefit options to managing benefit plan costs and everything in between, HR professionals certainly have their hands full with multiple priorities in the employee benefits arena. XpertHR has a variety of tools that can help. The Benefit Communications section of the Employment Law Manual has some useful tips to educate employees about the value of their benefit plans. Look at our How Tos for practical ways to reduce and manage rising health care costs; and check out the latest news for the most up-to-date information.



Tracy Morley

Tracy Morley, our Legal Editor for the Employee Benefits chapter of XpertHR has over 25 years of HR experience spanning multiple disciplines including benefit plan administration, employee relations and performance management and compensation. She gives back to the profession by facilitating the SHRM Learning System, helping other HR professionals prepare for their PHR/SPHR certification exam.

Follow @TracyMorley527


Federal Highlights

Employers Beware: The EEOC Will Come Knocking if You Discriminate Against Individuals with Disabilities
Of the EEOC's 20 most-recent discrimination cases, over half of them were filed under the Americans with Disabilities Act.


Administrative Law Judge "Echos" NLRB's Most Recent Decisions on Social Media and Workplace Policies
Employers should use extreme caution in fashioning any sort of policy attempting to restrict employee speech and communications.


NLRB Rules Termination Over Facebook Posting Justified
Termination based on Facebook postings is not a violation of the NLRA because the activity was not concerted or protected.


President Obama Urges Employers to See the Value in a Disability Inclusive Workforce
October 2012 is National Disability Employment Awareness Month.


FICA Taxation of Severance Pay Remains Unsettled
A Supreme Court showdown is likely after two federal Courts of Appeal came to opposite conclusions on whether supplemental unemployment benefits are subject to FICA taxes.


E-Verify Extended to September 30, 2015
The E-Verify program was due to expire at the end of September 2012.


Employers to Face New FCRA Requirements in 2013
A "Summary of Rights" form will be required to notify applicants and employees of their rights under the Fair Credit Reporting Act.


Proposed Law Would Require Employers to Provide Reasonable Accommodations to Pregnant Workers
Among other provisions, the law would prohibit requiring a pregnant employee to take leave if a
reasonable accommodation can be provided.

Employers Providing Reasonable Accommodations May Avoid Liability for Religious Discrimination
A good-faith attempt to comply with a requests for religious accomodation may shield employers from discrimination claims.

Contributor Spotlight

June Mara is the founder and CEO of XL Communications Inc., a human resource communications consulting firm, dedicated to helping organizations align employees with corporate objectives through effective communication. Read more...


New on XpertHR

What's New This Week?


What steps can an employer take to prevent retaliation?


To prevent retaliation, an employer should draft and implement a policy that defines retaliation and establishes that retaliatory conduct based on protected activity or filing or participating in a complaint of discrimination, harassment or retaliation is strictly prohibited. Read more...
Coming Soon

New Progressive Discipline Workflow, Two Law Reports on the NLRB's Social Media Reports and More...


Did you know you can stay up-to-date on new XpertHR content, updates and news from our Editor's Choice articles?


While the XpertHR newsletter is titled "Editor's Choice", there is an entire Editor's Choice tool type devoted to breaking news and tracking the site growth. Editor's Choice articles highlight substantial legal updates, reveal newly added documents and track any other site information that is vital to our subscribers. To access the articles, select the Tools and Services dropdown from the top ribbon, and select Editor's Choice.
Editor's Message

With every major legislative reform initiative, there are almost always unintended consequences. XpertHR recently learned that Darden Restaurants, the restaurant company behind chains like Red Lobster and Olive Garden, has begun experimenting with limiting employees in some restaurants to just 30 hours a week. As reported by the Orlando Sentinel, this is apparently an effort by the company to limit increasing costs due to the Patient Protection and Affordable Care Act (ACA).

According to the company, staffing decisions are "just one of the many things we are evaluating to help us address the cost implications health care reform will have on our business. There are still many unanswered questions regarding the health care regulations and we simply do not have enough information to make any decisions at this time."

No doubt many other employers are in the same boat as they work to comply with the law's many requirements. In the months and years ahead, we can expect that many of their unanswered questions will be the subject of additional federal guidance and court rulings. Of course, every step of the way employers will find a helping hand with XpertHR's coverage of this topic.

In other news, XpertHR just returned from HRTech. We hope that if you were also there you had a chance to swing by Booth 1078 and meet some of our representatives in person. Our legal editor Tracy Morley attended the event and you can check out Twitter and our blog for all her insights from the show.

Peggy Carter-Ward
Head of Content

Supreme Court
Employment Review


From Brokaw to Background Checks

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