Joseph Beachboard

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. 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. 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 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. Our company is considering replacing sick leave and vacation benefits with a paid time off (PTO) program. How are these plans treated upon the termination or resignation of an employee?

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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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