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Employment Law

Asking applicants about age: When is it legal?

03/01/2007

Q. I work as an HR generalist at a large hospital. My supervisor told me to ask a certain applicant for her date of birth during the hiring process. Isn’t it illegal to ask for an applicant’s birth date? —K.G., Philadelphia

Can we require medical tests or treatment?

03/01/2007

Q. I’m confused about when we can require physical exams or treatment. We now make employees undergo a fitness-for-duty exam when we think there is a physical or psychological reason that impairs the employee’s ability to perform the job. We also use last-chance agreements requiring medical treatment for an employee to earn reinstatement after a discharge, such as for alcohol or drug abuse. Are we courting trouble? —D.J., Michigan

Liability for injuries suffered on break

03/01/2007

Q. We let employees take short breaks to smoke outside or even have a chiropractic adjustment at the clinic next door. Employees are on the clock. Could we be responsible for their health problems related to smoking or injury from spinal adjustments? Should we just require paid breaks be taken indoors? —H.R., Missouri

Giving references: Limiting info is still safest policy

03/01/2007

Q. I’m new to the HR world. When we receive reference checks on ex-employees, what information can we (or should we) give out without a signed release? —L.M., Pasadena, Calif.

Put a stop to unauthorized overtime: 4 strategies

03/01/2007

As overtime lawsuits continue to surge, organizations often try to defend themselves by pointing to their policy that says employees should have received management approval for overtime. But a written policy isn’t enough, as employers are learning the hard way …

How to respond when employees show mental instability

03/01/2007

A star employee tells you his new depression medicine makes it impossible for him to get to work on time. Must you alter his schedule? …

What should you do when an employee gets arrested

03/01/2007

You’re driving into work and hear a radio report about a late-night accident caused by an alleged drunk driver. The driver is behind bars. When they say his name, you’re shocked. That’s Bill from marketing! …

‘Hello, Liability?’ The new trend of telephone testing

03/01/2007

Why does “testing” bring about that sledgehammer-in-the-stomach feeling? Maybe because, as students, we never knew quite what to expect. Now, the same is true when it comes to a recent trend in employment-law cases: applicants and employees making phone calls to secretly test whether your organization is discriminating …

Asking feds’ opinion won’t always erase FLSA penalty

03/01/2007

Have you ever filed a request for an “opinion letter” with the U.S. Labor Department? It’s a handy tool that can help you dodge the penalty bullet if you’re later hit with an FLSA violation …

Defuse bias suits by tracking which staff you discipline

03/01/2007

It’s a good idea to track the age, race, religion, sex or other characteristics of employees you discipline. Being able to see, at a glance, a potentially discriminatory pattern can help you make a midcourse correction …