Joseph Beachboard

Q. On the U.S. Department of Labor’s Form WH-381 (Notice of Eligibility and Rights & Responsibilities), there is a line that asks if the worker is a “key employee” as defined in the FMLA. I don’t want to offend any of our employees, so I always check the “yes” box.  Am I doing the right thing?

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Q. We would like to administer personality tests to job applicants. Would this violate the ADA? A. Personality tests are a good example of the types of policies likely to be affected by the recently passed ADA Amendments Act of 2008 …

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Q. To prevent productivity and morale problems, we would like to adopt a policy stating the company will not hire the spouses of current employees. Would this be lawful?

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Q. We recently downsized our department. As a result, the additional workload has shifted to the employees who still have jobs. Can we force those employees to work overtime?

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Q. We closed our offices for a day because of a phoned-in bomb threat, and we sent all our employees home. Do we need to pay them for showing up to work that day?

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Q. One of our employees recently went on military caregiver leave to take care of her injured husband. She is also expected to give birth in the coming weeks. Is she entitled to 12 weeks of leave under the FMLA in addition to her 26 weeks of caregiver leave?

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Q. The Employee Free Choice Act (EFCA) has been headline news as of late. What is this proposed legislation?

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Q. I recently heard that employers are now required to use a new I-9 form for new employees. Is this true?

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Q. If an employee works four-hour shifts for seven consecutive days, are we required to pay him time-and-a-half for the seventh day? Is it even lawful for us to require him to work seven consecutive days?

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Q. How does the new California law making it illegal to send and read text messages while driving affect employers?

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