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Policies / Handbooks

When are overweight employees considered ‘Disabled’?

03/01/2007

Is obesity a disability? Until recently, the answer has been “Fat chance!” But that may be changing. A recent ADA court ruling opens the door to some types of obesity being defined as disabilities …

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

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? …

Video résumés: Set a policy and plan for the legal risks

03/01/2007

It’s not every day that you’ll receive a video résumé—especially one like Yale student Aleksey Vayner famously sent to big New York financial services firms showing him pumping iron, ballroom dancing and boasting about his smarts. But you’ll likely start receiving video résumés soon enough …

‘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 …

Reacting to harassment complaint: First-Day Action Is Vital

03/01/2007

If you don’t have an action plan in place for responding to sexual harassment complaints, develop one now. Don’t wait until the phone rings or an e-mail arrives detailing sexual wrongdoing. By then, it may be too late …

How far must you go in Florida to protect employees’ data?

03/01/2007

In the process of recruiting, hiring, firing and just running a business, employers accumulate a large amount of personal data from applicants, employees and business associates. Florida law requires employers to take reasonable steps to safeguard such personal data …

The gloves are off: Haitians win lawsuit against landscaping firm

03/01/2007

Dias Landscapes Corporation of Boynton Beach will pay $150,000 to settle an EEOC lawsuit over firing five Haitian employees and replacing them with Hispanic workers …