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Employment Law

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? …

What should you do when an employee gets arrested

03/01/2007

You’re driving into work and hear a radio report about a late-night accident caused by an alleged drunk driver. The driver is behind bars. When they say his name, you’re shocked. That’s Bill from marketing! …

‘Hello, Liability?’ The new trend of telephone testing

03/01/2007

Why does “testing” bring about that sledgehammer-in-the-stomach feeling? Maybe because, as students, we never knew quite what to expect. Now, the same is true when it comes to a recent trend in employment-law cases: applicants and employees making phone calls to secretly test whether your organization is discriminating …

Asking feds’ opinion won’t always erase FLSA penalty

03/01/2007

Have you ever filed a request for an “opinion letter” with the U.S. Labor Department? It’s a handy tool that can help you dodge the penalty bullet if you’re later hit with an FLSA violation …

Defuse bias suits by tracking which staff you discipline

03/01/2007

It’s a good idea to track the age, race, religion, sex or other characteristics of employees you discipline. Being able to see, at a glance, a potentially discriminatory pattern can help you make a midcourse correction …

Throwing the book at a worker: A good lawsuit defense

03/01/2007

When faced with an employee who has committed numerous rule violations, do you pick the most serious one and act on that? If so, you may want to rethink that strategy …

Reacting to harassment complaint: First-Day Action Is Vital

03/01/2007

If you don’t have an action plan in place for responding to sexual harassment complaints, develop one now. Don’t wait until the phone rings or an e-mail arrives detailing sexual wrongdoing. By then, it may be too late …

Check your subcontractor contracts for details of workers’ comp coverage

03/01/2007

If you subcontract work, double-check the contract’s provisions on which party pays for workers’ compensation coverage. If you don’t, you may find your organization on the hook for injuries to the subcontractor’s employees …