Employment and Labor Newsletter - May 2012

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In This Issue:

- Bullying in the Workplace:

Allegations of workplace bullying, which may include verbal abuse, work sabotage, and various types of threatening behavior, have gained national attention in recent years. While there are currently no federal or state anti bullying statutes prohibiting bullish behavior if it does not cross over into illegal activity such as discrimination, harassment, retaliation, assault or battery, it is still wise for employers to take steps to promote a respectful environment for all employees...

- Reviewing an Applicant’s Social Media Site: Legal Right or Picking a Fight?

Gathering information from social media to use in the hiring process can help employers weed out potential problem employees, as well as reinforce a good applicant’s potential for success. Recent studies suggest that nearly 70% of employers have rejected candidates based upon information found online. Such a practice, however, is not risk-free...

- Immigration Anti-Discrimination Enforcement on the Rise:

Enacted as an amendment to the Immigration and Nationality Act (INA), the Immigration Reform and Control Act of 1986 (IRCA) is best known for requiring employers to verify the citizenship of its employees with I-9 forms and for making it a felony to knowingly hire unauthorized immigrants...

- Does Your Company’s Wellness Program Violate GINA?

The Genetic Information Non-Discrimination Act (GINA) expressly prohibits covered employers and health plan sponsors from asking an employee to provide genetic information in exchange for an incentive...

- NLRB Notice Posting Requirement and New Representation Election Rules:

Notice Posting Requirement - On August 25, 2011, the National Labor Relations Board (NLRB) issued a rule requiring essentially all private employers to post a notice informing employees of their rights under the National Labor Relations Act (the Act)...

Please see full newsletter below for more information.

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