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Employment Law

You don’t need I-9 forms for pre-1986 hires

07/01/2003

Q. We have a few employees who started working for us more than 20 years ago, before the I-9 rules took effect. I don’t have an I-9 on file for these folks. Should I? —S.I., New York

Talking the talk: Be careful with these 5 ‘lightning rod’ terms

07/01/2003
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Managers can refuse bias-tainted orders, court says

07/01/2003
Issue: Courts won’t consider a manager “insubordinate” for ignoring a boss’s order if the manager believes the order is discriminatory. Risk: Increases danger of retaliation …

Here’s more reason to reinforce anti-bias policy

07/01/2003
If it’s been awhile since you’ve reminded employees about your anti-discrimination policy, now’s a good time. Why? A big U.S. Supreme Court ruling last month makes it easier for workers to …

Require medical exams only for clear job reasons

06/01/2003
Demand that managers give higher-ups clearly articulated business reasons for any impromptu medical tests they want employees to take. Often, courts will see these …

Forcing a resignation kills your legal defense

06/01/2003
Here’s even more incentive to end harassment at the earliest opportunity: A new court ruling says employers could give up their best defense in court if they allow workers to suffer …

Don’t consider weight in hiring; obesity may qualify as a disability

06/01/2003
When weighing hiring decisions, make sure you don’t consider the applicant’s weight, unless it’s clear that it would prevent the person from performing the job’s …

Clarify how you count FMLA year, and put entire policy in handbook

06/01/2003
When establishing or changing your Family and Medical Leave Act (FMLA) policy, don’t skimp on paper. Spread the policy far and wide. Rule of thumb: If you mention FMLA …

Union ‘salts’ can shake your hiring policies.

06/01/2003
So-called ‘salts’ are pro-union applicants who try to win jobs in hopes of organizing a nonunion company. You can’t simply reject such applicants because of their …

C-section caregiving can qualify for FMLA leave

06/01/2003
Courts typically don’t consider pregnancy alone to be a “serious medical condition” qualifying for job-protected leave under the Family and Medical Leave Act (FMLA). But, …