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HR Management

Drug testing: Minimize lawsuit risk with smart policy

THE LAW. 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 …

Don’t make promises the company might not keep

Issue: Courts will make your company follow through on oral promises you make about benefits.
Risk: You or an ill-informed manager could inadvertently force your company to provide benefits it …

Learn the legal risks of viewing school records

Issue: Using school transcripts to screen applicants can lead to discrimination claims.
Risk: Without guidance, hiring managers can inadvertently use school records …

Keep employees growing … so they won’t leave

Issue: “Intraplacement” involves the entire company in identifying job-growth opportunities for ready employees. Benefits: Boost retention, cut recruiting costs …

Rewrite policy to prevent moonlighting during FMLA leave

Issue: Unless your policy prevents it, employees can work a second job while out on medical-related FMLA leave.
Risk: Reduced productivity as employees “work” the system.
Action: To prevent …

Keep data on employees’ race separate


Q. We have all new employees fill out a data sheet. Is it OK to ask for race on this form? —J.M., Nevada

You don’t need I-9 forms for pre-1986 hires


Q. We have a few employees who started working for us more than 20 years ago, before the I-9 rules took effect. I don’t have an I-9 on file for these folks. Should I? —S.I., New York

Clarify how you count FMLA year, and put entire policy in handbook

When establishing or changing your Family and Medical Leave Act (FMLA) policy, don’t skimp on paper. Spread the policy far and wide. Rule of thumb: If you mention FMLA …

Union ‘salts’ can shake your hiring policies.

So-called ‘salts’ are pro-union applicants who try to win jobs in hopes of organizing a nonunion company. You can’t simply reject such applicants because of their …

Is your company at risk for a lawsuit over SARS?

Employment law experts in America and abroad are raising the red flag about possible legal risks associated with severe acute respiratory syndrome (SARS), the spreading virus …