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Employment Law

Pooling tips? Only certain employees can join in

03/01/2007

If your employees receive tips, be aware that only certain types of employees can participate in tip-pooling programs …

Employees on the winning side of a record percentage of EEOC complaints

03/01/2007

Frivolous lawsuits will forever be a thorn in the side of HR. But, according to a new report, employees are becoming more successful in job discrimination complaints filed with the EEOC …

Prevent new type of lawsuit: Credit-Check discrimination

03/01/2007

If your organization uses credit checks in the hiring process, you’d better have a sound business reason for doing so or you could face a new type of litigation …

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 …

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? …