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Ballot initiatives in several states and cities usher in employment law changes

11/21/2008

While the Obama victory grabbed the headlines on Election Day, voter referendums in several states and cities ushered in important employment law changes. Here are some key results.

Exhibit A: What not to ask applicants for HR jobs

11/21/2008

Frank Bruno aced his first round of interviews for an HR director job at Unitek USA in Pennsylvania. But during his final interview, one of the company’s board members asked the 55-year-old Bruno, “How old are you, 78?”

Job duties, degree of employer control dictate employee status

11/20/2008

Just calling a worker an independent contractor doesn’t make that worker an independent contractor. It’s the reality on the ground that counts—that is, how much control the individual has over her time, hours and duties.

Honesty clause on application can stop frivolous lawsuits

11/20/2008

Here’s a reason to make sure that your applications include an honesty provision: If an applicant sues for discrimination, she won’t get very far if you catch her being less than honest on the application.

Genetic information and testing under Michigan law and GINA

11/20/2008

Advances in medical research have resulted in the early detection and treatment of illnesses. One of the most significant advancements is testing that can identify genetic differences that could increase an individual’s chance of developing a particular disease. But there’s a downside to such progress …

Deadline! Contractors must be certified—or you could pay!

11/12/2008

If you hire individual construction contractors to work for you, you have only a few weeks to make sure they are in compliance with a new state law. Beginning on Jan. 1, individual independent contractors working in the construction industry must obtain an Independent Contractor Exemption Certificate.

Is our new worker an employee or independent contractor?

11/12/2008

Q. I recently was talking with another manager at the company who told me that we had hired an independent contractor to work in our records room doing filing and data storage tasks. We also have employees performing that job. Could that cause any problems?

OK to reject applicant who volunteers that disability can’t be accommodated

11/12/2008

If an applicant discloses a disability and says she can’t perform the job’s essential functions even with an accommodation, you can turn her down. You don’t have to second-guess her assessment and look for a reasonable accommodation.

Workplace violence: Hope for the best but plan for the worst

11/12/2008

It’s important for employers to plan to prevent workplace violence and respond to it if prevention fails. While every employer needs a customized plan that fits its particular workplace, good violence-prevention strategies share common elements.

Concerns about immigration status don’t equal national-origin discrimination

11/12/2008

Employees who claim their employers somehow discriminated against them because they have immigration problems or aren’t U.S. citizens can’t automatically sue for national-origin discrimination under the Minnesota Human Rights Act or Title VII. Instead, they must prove that the underlying discrimination was based on national origin.