Testing

Pennsylvania Medical Pay Act

01/15/2007

The Pennsylvania Medical Pay Act requires employers to bear the costs of employee medical examinations when those exams are a condition of employment …

The New Jersey Wage Payment Law seems like it should be rather simple, but it’s perhaps the most complicated employment law in the state. Full of traps for the unwary, the law can spell big trouble for even innocent mistakes, with fines of up to $1,000 per violation …

Do your hiring tests simulate true working conditions?

01/01/2007

Before you create an applicant screening test—whether it’s for a manual-labor or white-collar position—make sure that it relates directly to the work that person will be doing. “Somewhat applicable” tests won’t fly in court …

Court: Hearing test used by UPS to screen drivers violates ADA

12/01/2006

The 9th Circuit Court of Appeals recently affirmed that Atlanta-based United Parcel Service (UPS) violated the ADA by refusing to hire package-car driver applicants if they failed a hearing test …

Résumé-Screening software: legal risks and precautions

09/01/2006

The federal job anti-discrimination law (Title VII of the Civil Rights Act) prohibits two types of discrimination: disparate treatment and disparate impact. Because automated tests, such as résumé-screening programs, are blind to applicants’ race, religion, gender and national origin, they likely can’t create a disparate-treatment case. However, such programs can still have a disparate impact on minorities …

Drug-Test Policy Should Include Off-Duty Prohibition

08/01/2006

Pennsylvania employers that want to make sure their employees don’t come to work under the influence of alcohol or illegal drugs should establish a random drug-testing program. State law makes employees ineligible for unemployment compensation anytime an organization bases its firing on employees’ "failure to submit [to] and/or pass a drug test conducted pursuant to an employer’s established substance abuse policy" …

Do your homework to lock in the best bilingual talent

07/01/2006

Demand is rising for employees who speak multiple languages. But employers need to be cautious about hiring: Some apparently bilingual employees who look good on paper don’t always pan out as promised in the language department …

Fire employee for positive cocaine test

06/01/2006

Q. We are a small but growing construction company, and we don’t have formal policies in place. Recently, one of our employees was involved in an accident at a construction site. This is his third accident. After the second time, we had him sign a warning notice that said he’d be terminated if it happened again. We sent him for drug testing after this third accident and he came back positive for cocaine. We want to terminate him. But we suspended another worker who tested positive for marijuana. Can we fire him? —B.O., Pennsylvania

Use online tests to find best customer service staff

05/01/2006

Because customer service employees are on your front lines every day, don’t just rely on a résumé and a good first impression to choose such vital personnel. New low-cost online tests can help you determine who has the right stuff …

Know the Legal Boundaries of Employee Lie-Detector Testing

03/01/2006

In most cases, requiring private-sector employees to take polygraph tests will create more harm than good. That’s because the Employee Polygraph Protection Act makes it illegal to "require, request, suggest or cause an employee or prospective employee to take or submit to any lie-detector test," except in limited circumstances …