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Employment Law

Pre-Employment inquiries and the ADA

12/01/2007

Q. Can an employer ask a job applicant whether he or she can meet the company’s attendance policy? …

Scents and … sensible policy: Must you accommodate ‘Chemical sensitivity’?

11/27/2007

A recent survey found that potent scents ranked #4 on the list of employees’ workplace pet peeves. Yet for some who suffer from multiple chemical sensitivity, strong odors aren’t just an annoyance—they’re a real health concern. Is it serious enough to warrant ADA accommodation?

Employee References: Sample Release Form

11/21/2007
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Self-Audit: Job Applications

11/20/2007

Do your job application forms pass legal muster?

Checklist: FLSA: Exempt vs. Nonexempt Status

11/20/2007
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While Congress mulls federal gay-Bias law, take note of state, local rules

11/20/2007

Despite passage of a federal bill that would make discrimination on the basis of sexual orientation illegal nationwide, don’t expect it to become the law of the land any time soon. That doesn’t mean you’re off the hook for anti-gay discrimination: It’s against the law in many jurisdictions. Prevent discrimination against gays—and protect yourself from liability—with a strong anti-discrimination policy.

How to Make Legally Smart Job Offers

11/19/2007
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Checklist: 9 Steps to Sniffing Out Suspicious FMLA Requests

11/07/2007
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Exec claims systemic bias? Don’t shoot the messenger

11/01/2007

If a manager or other high-level employee comes forward with charges the company discriminates based on race, sex or other protected characteristics—stop, look and listen! Unless you are absolutely sure there’s no basis for the manager’s claims, take those charges seriously. Whatever you do, don’t punish the manager or try to drive him out …

No matter how many contracts, OT still starts after 40 hours

11/01/2007

Do you have employees working on different contracts during the same week? If so, you must make sure you add up their total number of hours and pay overtime for the hours in excess of 40 per week. You can’t issue separate paychecks for each contract and avoid overtime payments. The Fair Labor Standards Act clearly states that all hours worked “for a particular employer” count for overtime, even if the work is done on different projects or contracts.