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Q&A

When hiring, what shouldn’t we ask?

06/23/2011
Q. Are there any questions we cannot or should not ask a reference when screening applicants?

Intoxicated and driving during working hours: How should our policy address this problem?

06/23/2011
Q. When an employee was recently injured on the job, a co-worker drove him to the hospital. On the way back to work, they were in a car accident and both employees tested positive for illegal substances. What should we consider when developing a policy to prevent this kind of thing from occurring in the future?

Must we comply with subpoena for worker’s file?

06/23/2011
Q. We recently received a subpoena to produce the contents of an employee’s personnel file in connection with a federal lawsuit. The employee is a party to the lawsuit, but the company is not. Do we have to comply with the subpoena? Should we tell the employee about the subpoena?

When do minor ailments become eligible for FMLA?

06/20/2011
Q. Are minor problems like urinary tract infections considered “serious health conditions” under the FMLA? Do we have to allow time off?

Different rules for pre- and post-birth FMLA leave?

06/17/2011
Q. We have a pregnant employee. She needs to take time off for medical appointments and perhaps complications. She then wants to take FMLA leave for birth and bonding. Should we require two separate medical certifications? And should we count all the medical appointments related to pregnancy against her 12 weeks of FMLA leave?

What web resources can we use to make sure we are in compliance with I-9 rules?

06/16/2011
Q. Our company needs guidance on keeping up with our obligations with regard to employment eligibility. What resources are available?

Can we require ‘English-only’ at work? Foreign-language chatter is affecting morale

06/16/2011
Q. Some of our employees speak to each other in their native language. We are worried that some workers will feel excluded. To boost employee morale, we would like to institute a policy prohibiting our workers from speaking any language other than English during the workday. Is such a policy legal?

What are the details on new FLSA regulations?

06/10/2011
Q. I’ve heard there are new Fair Labor Standards Act regulations coming. When do the final regulations updating the FLSA become effective?

‘In our prayers’ condolences: Is it religious bias?

06/10/2011
Q. We send out a condolence card when one of our em­­ployees has a death in the family. We usually say something like, “Our thoughts and prayers are with you at this difficult time.” Now one of our employees has complained about the use of the word “prayer.” Do we need to change the message?

Must we hold job for injured worker?

06/08/2011
Q. We have an employee who has been off work for more than 10 months because of a workers’ comp-covered injury. We have no idea when she may possibly be able to return to work. Are we absolutely required under the law to give this employee her job back whenever she believes she is ready to return to work, no matter how long she has been out?