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Employment Law

Tread Carefully With Drug Test, Psychiatric Help

08/01/2002

Q. Can we suggest psychiatric help for an employee who we suspect may be having trouble with substance abuse? And can we require a random drug test? —H.J., Texas

Don’t Rely on ‘Same-Actor’ Defense

08/01/2002

Q. If an employee claims she was discriminated against by the same supervisor who hired and fired her, does the employer have a defense to the discrimination claim? —S.D., New Jersey

Stick to facts with mental fitness tests

07/01/2002
Don Jackson, a county utility worker, got quite a shock one night when a psychologist called to confirm an appointment in two days. Jackson hadn’t made the appointment, his employer had. …

Use new weapon to fight class-action wage suits

07/01/2002
It’s no secret that wage-and-hour class action lawsuits, in which mobs of employees sue for unpaid overtime, have skyrocketed. They can be enormously expensive. But a California appeals court ruling gives …

Employees can use vacation time toward one-year FMLA eligibility

07/01/2002
Robert Ruder began working in management at a Maine hospital on Jan. 5, 2000. Exactly one year later, he left work for unspecified medical reasons. His employer denied his request for …

Include temp workers in anti-harassment policy

07/01/2002
Nearly 70 women who worked as temporary on-site telemarketers at a Chicago car dealership filed a class-action lawsuit in federal court, claiming widespread sexual harassment by the dealership’s management. Most of …

ADA: You can deny jobs that threaten workers’ own safety, health

07/01/2002
In a solid win for employers, the U.S. Supreme Court last month ruled that the Americans with Disabilities Act (ADA) doesn’t entitle employees to jobs that might endanger their health, even …

High court ruling forces longer retention of records

07/01/2002
In another ruling last month, the Supreme Court said employees in some cases can file discrimination charges even if allegations fall outside the statute of limitations. Under Title VII, employees …

You’re free to adjust benefit plan without fear of FMLA suit

07/01/2002
When it merged with another bank, Wells Fargo replaced its traditional employee sick- and vacation-leave policy with a paid-time-off (PTO) program and a short-term disability plan. A PTO policy combines annual …

Don’t stack the deck in arbitration

07/01/2002
Daniel Murray, a full-time union organizer, signed a mandatory arbitration agreement as a condition of employment. The pact said arbitrators would be chosen from a list provided by his employer and …