Employment Law Blog

News, trends and analysis in employment law and HR

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Photo of Jackie Marks
Jul 10 2017
Q&AHarassment & DiscriminationHiring  

Q&A: Should we use employment tests to help us identify the best candidates?

Question: My company is hiring, and a testing company tells us that it can help us identify the best candidate for the job. What do you think?

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Photo of Jackie Marks
Jul 05 2017
Q&ADisabilityHarassment & DiscriminationHiring  

Q&A: Post-offer medical testing problematic when hiring temp agency employees

Question: We currently contract with a temporary employment agency for workers and will hire some of these workers after 90 days of successful work. We require all new regular employees for production and maintenance positions to undergo a pre-employment (post-offer) medical test. When we offer regular jobs to the temp…

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Photo of Sean Brown
Jun 30 2017
Harassment & DiscriminationHiringImmigration  

Requiring new hires to present specific IDs for I-9 costs employer $225,750

An employer in eastern Washington required all green card holders to present their Permanent Resident Cards when completing the Form I-9. The U.S. Department of Justice (DOJ) has announced that this employer has now agreed to pay a fine of $225,750 to settle discrimination charges. The employer also agreed to…

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Photo of Jodi Slavik
Jun 15 2017
Drug and Alcohol  

Positive drug tests on the rise

In a report released May 16, 2017, Quest Diagnostics revealed that American workplace drug testing has reached its highest positivity rate in 12 years. After analyzing more than ten million drug test results in 2016, Quest found that workers tested positive in 4.2 percent of all urine tests—a 5 percent jump from…

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Photo of Jodi Slavik
Jun 12 2017

Q&A: Employer doesn’t have to promote to accommodate disability

Q: We have a production employee with a medical condition whose doctor said no work “near dust or contaminants.” We tried several options, including buying a respirator and moving her to different positions on the floor. Instead she wants an open sales job that pays more. Do we have to give it to her?

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Photo of Trish Leimbach
Jun 08 2017
Workers’ Comp  

5 Reasons Early Return-to-Work Leads to Better Results

Let’s put one workplace myth to rest right now: an injured employee who returns to work in a light duty position isn’t going to bust the morale of fellow co-workers. Period. Seeing their co-worker back on the road to recovery by performing lighter tasks and transitioning back to full duties will more than…

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Photo of Karen Davis
Jun 02 2017
Harassment & DiscriminationWage and Hour  

Layoffs, job restructuring, and wage freezes no excuse for unequal pay

A furniture manufacturing company blamed tough economic conditions as the reason for paying three female managers less than their male counterparts, but a federal appeals court didn’t buy it.

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Photo of Diane Buisman
May 30 2017
Harassment & Discrimination  

Federal courts split over sexual orientation discrimination

A recent string of federal appeals court cases regarding sexual orientation discrimination has shone a light on an area of open interpretation under federal law. Under Title VII of the Civil Rights Act, individuals are protected from discrimination based on sex, but the law doesn’t explicitly encompass protection based on sexual…

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Photo of Jodi Slavik
May 26 2017

A glitch in the system: Are you using the correct Form I-9?

On April 6, 2017, U.S. Citizenship and Immigration Services (USCIS) disclosed on its “what’s new” feed that an early version of the new Form I-9 contained an internal technical error. Then on April 17, the agency alerted the Society for Human Resource Management (SHRM) that some HR professionals are inadvertently using that bad form.…

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