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How to draft a legal drug testing policy

09/01/2007

Q. I recently read a report that said drug use among employees actually went up in the past decade. We’re considering starting to do drug tests. What should our policy say? —L.U. …

Attorneys’ fees may be due even if employees collect nothing

09/01/2007

It was a good case for the lawyers anyway. Demonstrating just how expensive an ADA case can be, a federal appeals court ordered fees to be paid to the attorneys who brought a class-action ADA case against Rent-A-Center. The case involved the company’s use of the Minnesota Multiphasic Personality Inventory test to screen out applicants and employees with low scores …

Drug testing: Minimize lawsuit risk with smart policy

09/01/2007

You have the right to demand a drug-free workplace, but employees also have reasonable rights to privacy. That’s why drug testing and substance-abuse prevention programs carry big-time legal risks if they’re not managed properly. Employers can safely administer drug testing before hiring someone, during a fitness-for-duty test and after a preventable accident …

Make sure job skills tests measure what prospective employees actually will do

09/01/2007

You’ve just created a new position and a job description to go with it. That description includes essential job functions, as well as education and training requirements. Now you want to create a skills test to make sure applicants can do the job. Not so fast! Before you have the first applicant take the test, double-check that your test measures the attributes related to the essential functions you specified in the job description …

How to handle ‘No-Match’ letters: New rules go into effect on Sept. 14

08/19/2007

The Department of Homeland Security just published final regulations that provide guidance to employers on how to respond to "no-match" letters, which notify employers of discrepancies with employees’ Social Security numbers. If you follow those steps correctly, you’ll earn immunity from penalties if illegal workers are found at your business. How can you comply? Read on.

Remove open job listings if you don’t plan to fill them

08/01/2007

Do you routinely keep unfilled positions open and posted? If so, consider removing them until your organization plans to actively recruit to fill them. Otherwise, an employee who is disgruntled for not having been promoted may see the posting and try to argue that he or she is being retaliated against for prior complaints …

Texas unemployment rate drops to historic low

08/01/2007

In May, the Texas seasonally adjusted unemployment rate fell to 4.1% (from 4.2% in April and 5.0% a year ago), its lowest point since 1976. Texas employers have added 239,000 jobs over the past 12 months …

Standard background checks not foolproof—Try Internet, too

08/01/2007

When the Lima School District hired a new head football coach, the school conducted a standard background check, including reference checks and fingerprint screening by the FBI …
 

Reference checking: ERKA and how employers should respond

08/01/2007

Releasing employment information about a former employee can be a dangerous and tricky situation …

Ask job applicants about felony convictions, but be careful

08/01/2007

Q. We are reviewing our employment application, which includes a question about felony convictions. We have been told that we should not ask about an applicant’s arrest record. Can you explain what we can ask and what we cannot ask? We are a relatively small company, with fewer than 100 employees. — C.T.