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Employment Law

Follow these 3 rules for conducting pre-hire medical tests

09/01/2003
Issue: Requiring a medical test before hiring an applicant is smart, but it carries legal risks.
Risk: A wrong step can trigger Americans with Disabilities Act (ADA) or privacy lawsuits …

Ask on-Leave employees to tell you when they’ll return

09/01/2003

Q. Is it legal to require that employees on FMLA leave report to us regularly on their plans to return to work? —P.R., New York

Do interns have to be paid?

09/01/2003

Q. We plan on hiring a college intern this year. Do we have to pay that person? —L.M., New York

Post all job openings in-House

09/01/2003

Q. We typically don’t post high-level management openings internally. Should we? —K.L., California

You can require mandatory overtime

09/01/2003

Q. A new employee has just informed his supervisor that he can’t work any overtime. Can we legally fire this person? —G.M., Virginia

Dump strict English-only policy; EEOC cracks down

09/01/2003
Issue: Requiring employees to speak English can be legally risky.
Risk: Overly broad or misguided policies can trigger a national-origin discrimination complaint …

Paying for travel time: Know the rules of the road

09/01/2003
Issue: Paying nonexempt workers for travel time can be tricky, especially if it involves several work sites or overnight travel.
Risk: Thousands of dollars, or more, in back pay …

Perform ‘spot check’ for offensive pictures, calendars

09/01/2003
The EEOC recently slapped a Pennsylvania steel plant with a sexual harassment lawsuit. The alleged crime? It “condoned sexual harassment” by allowing some employees to post erotic pictures, posters and calendars …

‘Free speech’ no protection to workers

08/01/2003
The next time an employee argues that he has a First Amendment right to say whatever he wants at work, wear a T-shirt with a controversial message or display …

Never assume a pregnant employee is unable to work; ask questions

08/01/2003
Under the Pregnancy Discrimination Act (PDA), you can’t fire a pregnant worker simply because of her condition. Nor can you force her to take leave as long as she’s physically …