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TESTING

Don't panic when former employee files massive lawsuit—most claims go away

12/24/2008
 

These days, employees and their attorneys often go to great lengths to intimidate employers. One way to do that is to file a huge lawsuit—one that takes up pages and pages, and includes a laundry list of allegations ... Before you panic, call your attorneys

Legal drug, legal drug test … and a legal mess for the employer

12/11/2008
 

Employers routinely require applicants to whom they have extended job offers to take tests for illegal drugs. If they pass, they get the jobs. If they don’t, employers can legally rescind the offers. But here’s a case in which an employer completely mishandled this everyday procedure, and now will probably pay a high price.

Employee in drug treatment? Consider DATWA before firing

12/09/2008
 

Do all your supervisors and HR staff understand how Minnesota’s Drug and Alcohol Testing in the Workplace Act works? If not, train everyone now or face the possibility of punitive damages.

Your guide to medical confidentiality under the ADA and the FMLA

12/04/2008
 

Both the ADA and the FMLA have strict requirements for how employers must handle employees’ confidential medical information. HR professionals need to know these rules to comply with both acts—and to avoid expensive legal liability for failing to do so.

What testing can we do if we suspect employee drug abuse?

12/04/2008
  

Q. Our company has random drug testing. Can we send an employee to be tested for suspicion of drug use?

Genetic information and testing under Michigan law and GINA

11/20/2008
 

Advances in medical research have resulted in the early detection and treatment of illnesses. One of the most significant advancements is testing that can identify genetic differences that could increase an individual’s chance of developing a particular disease. But there’s a downside to such progress ...

Can we administer personality tests without running afoul of the ADA?

11/06/2008
  

Q. My company would like to administer personality tests to job applicants. Does this practice violate the ADA?

Must we pay for tryout time?

10/20/2008
  

Q. I recently heard the phrase “tryout time” and wondered what this phrase meant and how it may be applicable to my workplace ...

What are the rules for conducting pre-employment physicals and drug tests?

10/14/2008
  

Q. I have been asked to screen applicants for several positions. Can we lawfully ask selected candidates to submit to physical exams or drug testing? ...

Handbook must explain leave payout terms

10/03/2008
 

Employee handbooks should spell out exactly what it takes to earn time off—and what happens when an employee resigns or is fired. Make sure you spell out the limitations, or you may end up stuck paying for accrued time when you discharge an employee for serious problems, such as a failed drug test ...

Ohio state troopers accused of cheating are fired

10/03/2008
 

The Ohio State Highway Patrol (OSHP) fired 12 state troopers in September for allegedly cheating on an exam that certifies police officers to administer breath-alcohol sensing tests to suspected drunken drivers ...

DOJ to Dayton: Diversify public safety ranks or go to court

10/03/2008
 

The U.S. Justice Department (DOJ) says the city of Dayton’s hiring practices have systematically discriminated against black applicants for police and firefighter jobs ...

May we demand applicants pay for medical exams?

08/22/2008
 
Q. Our company requires applicants for certain classes of jobs to have medical examinations as a condition of employment. Can we require the potential employee to pay the costs of the medical examinations? ...

Transportation companies face new drug-Testing requirements

08/21/2008
 
Starting Aug. 25, organizations that must comply with U.S. Department of Transportation drug-testing regulations face new requirements. The new rules affect “return-to-duty” drug tests given to employees who previously tested positive or underwent drug rehab ...

Make sure fitness tests don't unfairly target women

08/12/2008
 
Some jobs obviously require that the employees who perform them be in excellent physical condition. For example, firefighters and others engaged in heavy physical work may have to be extremely physically fit. It’s legitimate for employers to test those physical abilities on a regular basis. Be careful, though, about how you administer those tests to men and women ...
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